Drivers of motor vehicles hit pedestrians at alarming rates. The impact of a vehicle can easily cause severe, life-changing injuries or even fatalities. Both drivers and pedestrians can take preventive measures to reduce these tragic incidents, but they cannot stop another person from acting recklessly.
In this guide, HHT Law explores the main causes of pedestrian accidents, why they’re particularly dangerous, and how both drivers and pedestrians can play a role in reducing risks. Additionally, we’ll discuss who may be liable for these accidents and what types of compensation injured pedestrians might be eligible to receive.
If you or a loved one has been injured in a pedestrian accident, reach out to our seasoned San Fernando Valley pedestrian accident lawyers today to discuss your rights and get the support you need.
Why Are Pedestrian Accidents so Dangerous?
Unlike drivers, pedestrians have no physical protection, which leaves them vulnerable to severe injuries or fatalities. Even in collisions at lower speeds, the impact of a vehicle can cause head trauma, broken bones, or internal organ damage.
When there is no clear evidence of what caused the crash, such as witness accounts, proving liability can be challenging. This makes it difficult for some victims to hold negligent drivers accountable and secure fair compensation.
Where Do Pedestrians Get Hit the Most?
Pedestrian accidents tend to occur more frequently in urban environments. Recent data indicate that over 80% of pedestrian deaths occur in urbanized areas. Accidents are also more common in low-light conditions when visibility is significantly reduced.
However, pedestrian accidents can happen anywhere and at any time, so it's important for pedestrians to remain vigilant and for drivers to be cautious, especially in areas with heavy foot traffic.
How Drivers Cause Pedestrian Crashes
The actions of drivers can significantly compromise the safety of those around them. Here are some of the most common ways that a negligent or reckless driver can injure or kill a pedestrian.
Speeding
- Exceeding the speed limit reduces a driver's ability to stop quickly in unexpected situations, such as when a pedestrian steps into the roadway.
- Higher speeds not only increase the chances of a crash but also amplify the severity of any injuries sustained by the pedestrian.
Distracted Driving
- Texting or using a cell phone diverts the driver’s attention from the road, which may cause them to miss a pedestrian.
- Eating, adjusting the radio, or talking to passengers are other distractions that reduce awareness.
Failure to Obey Traffic Signals
- Ignoring stop signs or red lights puts pedestrians at high risk, especially those crossing legally at intersections.
- Failing to yield at crosswalks is another common behavior that can lead to accidents.
Impaired Driving
- Alcohol impairs a driver’s reaction time, perception, and judgment, making them a major risk to pedestrians.
- According to the CDC, 19% of pedestrian fatalities involve a driver with a blood alcohol concentration over the legal limit of 0.08.
Drowsy Driving
- Like alcohol, fatigue impairs reaction times and decision-making,
- Drivers who operate their vehicles while drowsy have difficulty focusing, which can result in them not noticing pedestrians or reacting too slowly to avoid a collision.
Reckless or Aggressive Driving
- Tailgating, road rage, and erratic lane changes lead to dangerous situations for pedestrians, especially in areas with high foot traffic.
- Running through crosswalks or failing to yield when turning are additional examples of aggressive driving behaviors that endanger pedestrians.
Poor Weather Conditions
- Rain, snow, or fog can reduce visibility, making it difficult for drivers to see pedestrians.
- While the weather may not be within a driver's control, they can play it safe in poor conditions by adjusting their speed and behaviors.
Many of these behaviors highlight a failure of the driver's duty of care — a fundamental responsibility to ensure the safety of everyone on the road, including pedestrians.
The Pedestrian’s Role in Accidents
Sometimes, a pedestrian’s inattention or failure to follow traffic rules puts them in danger of being hit by a motor vehicle. While drivers have a duty to remain alert, pedestrians must also take responsibility for their safety by staying attentive, avoiding distractions, and following traffic laws.
Jaywalking
One of the most common causes of pedestrian accidents is jaywalking, which is when a pedestrian crosses a street outside of designated crosswalks or ignores traffic signals.
Crosswalks and traffic signals are designed to give drivers adequate time to see people crossing, but when pedestrians cross unexpectedly, it can increase the likelihood of a crash.
A recent California law protects people from being stopped by the police for jaywalking in most situations. However, the law states that pedestrians still have a duty of care for their own safety. It does not excuse someone who endangers themselves or others by walking into the street without care for crosswalks or traffic signals.
Distracted Walking
Pedestrians can put themselves in danger by walking while distracted. Smartphones are the most common distraction. When a pedestrian is texting, checking their phone’s GPS, or recording themselves, they may become unaware of their surroundings. They might step into traffic without noticing an oncoming vehicle.
Walking While Intoxicated
Walking while intoxicated is also a major cause of pedestrian accidents. Alcohol impairs judgment and coordination, which makes it harder for pedestrians to navigate roadways safely. In fact, about one-third of fatal pedestrian accidents involve intoxicated individuals, according to the CDC.
Common Pedestrian Injuries
Many pedestrian accidents result in severe and life-threatening injuries due to the lack of physical protection. Some of the most common injuries include:
- Head injuries: Concussions and traumatic brain injuries, which can have lasting effects on cognitive function and quality of life.
- Spinal cord injuries: Potentially leading to paralysis or other long-term mobility issues.
- Broken bones: Commonly affecting the legs and arms, as pedestrians are often thrown onto hard surfaces.
- Cuts, bruises, and lacerations: Resulting from the impact with the vehicle or contact with the pavement.
- Neck and back injuries: Leading to chronic pain or limited movement.
- Internal injuries: Internal bleeding or damage to organs, which can be life-threatening if not treated promptly.
- Psychological effects: Including anxiety or PSD, which many accident victims develop.
Tragically, these injuries are often fatal. On average, 287 pedestrians die each year on Los Angeles County roads.
Wrongful Death Damages in Pedestrian Accident Cases
Without any physical protection, pedestrians are highly vulnerable when hit by a vehicle. This lack of protection can lead to fatal injuries. If you have lost a loved one in a pedestrian accident, we extend our deepest condolences and want to support you in seeking the justice and compensation you deserve.
Families of victims may be eligible to file a wrongful death claim to pursue compensation for various losses, such as:
- Loss of companionship: Compensation for the emotional pain of losing a close relationship.
- Loss of parental guidance: For children who have lost the nurturing and support of a parent.
- Outstanding medical expenses: Covering medical bills incurred prior to the decedent’s passing.
- Loss of financial support: Compensating for the income the deceased would have provided.
- Loss of inheritance: Addressing the future financial security impacted by the premature death.
In most cases, the decedent’s spouse or children are eligible for filing a wrongful death claim. If the person who died was unmarried and childless, another close relative may file the claim.
How to Reduce Pedestrian Accidents
Reducing pedestrian accidents requires a comprehensive approach that includes education, increased attentiveness, strict enforcement, and improved infrastructure.
Infrastructure Improvements
Government investment in infrastructure is key to pedestrian safety. Adding more sidewalks, marked crosswalks, and pedestrian signals can make crossing the road safer and help reduce accident rates. Additionally, designing streets that naturally encourage slower driving speeds and improving street lighting can create safer environments for everyone.
Education
Educating both drivers and pedestrians about traffic laws, the importance of safety practices, and the potential consequences of risky behaviors can play a significant role in preventing accidents. Awareness campaigns can emphasize the dangers of distracted driving and jaywalking.
Attentiveness
Both drivers and pedestrians must stay vigilant, especially in high-traffic areas and at intersections. To maintain awareness of their surroundings and respond quickly to any potential hazards, all road users should avoid distractions such as cell phones.
Enforcement
Law enforcement agencies should strictly enforce traffic rules. This includes citing drivers who exceed the speed limit, fail to yield at crosswalks, or otherwise put pedestrians in danger. Ensuring that drivers are held accountable can help reduce reckless behavior.
Who Is Responsible for a Pedestrian Crash?
Both drivers and pedestrians have responsibilities on the road, and either or both parties could be at fault for a crash.
For example, a driver may be held liable if they were speeding, distracted, or impaired, or if they failed to yield at a crosswalk. A pedestrian can contribute to an accident by ignoring traffic signals, crossing outside of designated crosswalks, or walking while distracted.
In some cases, a third party could be responsible. This may include a local government agency if poor road conditions, inadequate signage, or faulty traffic lights played a role.
Assigning fault is crucial, as it affects who is financially liable for the victim’s losses. Establishing liability may require a thorough investigation of the crash, including witness accounts, surveillance footage, and expert analysis.
You Might Qualify for Compensation If You Were Injured as a Pedestrian
If you were injured while walking, you might be eligible for compensation, and a lawyer can help you pursue it. In a typical pedestrian accident case, the injured person’s lawyer files a claim with the at-fault driver’s insurance provider. Then, the lawyer and the insurer negotiate for a fair settlement.
A skilled lawyer can reclaim the following losses for their client:
- Medical expenses: Both current and future medical treatments.
- Property damage: Replacements for personal items like your phone or other belongings that were damaged in the accident.
- Lost income: The wages you lost during your recovery period, along with future wages if your injury is permanent.
- Pain and suffering: Emotional distress, anxiety, or PTSD.
Let a personal injury lawyer handle the negotiations so you can focus on healing.
Get Legal Help from HHT Law
Pedestrian accidents result in severe injuries and, in some cases, fatalities. Whether it's drivers being attentive, pedestrians following safety guidelines, or authorities improving infrastructure, many people have roles to play. By understanding the causes of pedestrian traffic accidents, everyone can contribute to creating a safer environment.
If you or someone you love has been injured in a pedestrian accident, it’s important to seek the right legal support. Our knowledgeable pedestrian accident attorneys will explain concepts like liability, damages, and legal claims, empowering you to make informed decisions.
Contact us today for a free consultation and take the first step toward getting the justice you deserve.
