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Distracted Driving And Pedestrian Safety: Key Factors In California Accidents

Pedestrian Accident Injury Claims In California - Moss Bollinger LLP

In this article, you can discover:

  • The leading cause of pedestrian accidents in California.
  • Some common injuries that occur in pedestrian accidents, and their long-term impacts.
  • Essential evidence you should collect at the accident scene for a strong claim.
  • How California law determines negligence in pedestrian accident cases.

What Are The Most Common Causes Of Pedestrian Accidents In California?

The predominant cause of pedestrian accidents in California is distracted driving. This includes activities such as texting, making phone calls, inputting data into GPS systems, tuning radios or audio players, eating, or conversing with passengers.

Distracted driving is particularly hazardous for pedestrians, as it takes the driver's attention off the road. The disparity in size between a vehicle and a pedestrian exacerbates the danger.

Other common causes include speeding, which leads to missing traffic signals and stop signs, and driving under the influence of drugs or alcohol. Additionally, while Southern California experiences less severe weather, inclement conditions elsewhere contribute significantly to distracted driving incidents.

What Are The Most Common Injuries Sustained In Pedestrian Accidents?

Pedestrian accidents commonly result in severe injuries. Broken bones are frequent, occurring when pedestrians are hit and knocked to the ground. This can lead to fractures in wrists, shoulders, pelvis, or ribs. High-impact collisions may cause compound fractures requiring surgical intervention. Traumatic brain injuries, including concussions, are also prevalent due to pedestrians' lack of protective headgear.

Such injuries may necessitate extensive treatments and have long-term effects like headaches, speech problems, and mood swings. Back injuries, ranging from herniated discs to paralysis, are another serious consequence.

Internal injuries such as internal bleeding and ruptured organs pose life-threatening risks. Lastly, soft tissue injuries, though not always critical, can cause significant pain and disruption.

What Information Or Evidence Should The Injured Party Record Or Preserve At The Scene?

At the accident scene, it is crucial to collect comprehensive information. This includes the name, address, and license plate of the involved party, photographs of the accident scene, and the insurance card of the driver. If immediate photography is not possible due to injuries, seeking assistance from others is advisable.

Documenting ambulance details, information about medical personnel, and witness accounts, including passengers in the involved vehicle, is also essential. If law enforcement is present, their details should be recorded. In cases of severe injury, police may visit the hospital, providing an opportunity to gather additional information. The objective is to compile as much data as possible to support the claim.

How Is Negligence Or Liability Determined In Pedestrian Accident Cases In California?

In California, pedestrians generally have the right of way, imposing a duty of care on drivers to avoid collisions. Drivers are expected to yield to pedestrians, even in unmarked crosswalks.

However, pedestrians also bear responsibility for their safety. Instances where pedestrians unexpectedly enter traffic can lead to comparative negligence, potentially attributing some liability to the pedestrian. Despite this, the primary responsibility rests with drivers, who must exercise caution at all times.

If The Other Driver Was Clearly At Fault, Do I Need To Hire A California Pedestrian Accident Attorney For My Personal Injury Claim?

Engaging a personal injury attorney is advisable, especially in cases of serious injury. Insurance companies and defense representatives are well-equipped with legal professionals and adjusters whose aim is to minimize the compensation owed.

Personal injury attorneys can assist in securing appropriate medical treatment, navigating insurance complexities, and negotiating settlements. They possess the expertise to present claims effectively, ensuring that injured parties receive full compensation for their losses, including pain and suffering, lost wages, and medical expenses.

At What Point Should I Hire A Personal Injury Attorney? Should I Wait Until The Insurance Company Denies A Claim Or Offers A Meager Settlement?

It is recommended to contact a personal injury attorney as soon as you are medically stable. This means once the individual is capable of making a phone call or can communicate with someone who can do so on their behalf.

Immediate legal representation can aid in accurately documenting the claim and expediting a fair resolution. Delaying legal consultation until after an insurance claim is denied or receiving an inadequate settlement offer can potentially compromise the strength of the claim. For more information on Pedestrian Accident Injury Claims In California, an initial consultation is your next best step.

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