When a driver negligently causes a collision with a pedestrian, the pedestrian usually suffers severe injuries. This is because the pedestrian does not have an outer shell or covering to protect them from harm in an accident scenario.
If you suffered injuries in a pedestrian accident, you may file a claim with the at-fault driver’s insurance company. The time it takes to resolve a pedestrian accident claim usually depends on the severity of the injuries, the jurisdiction where the case is pending, and the insurance company’s willingness to resolve it out of court.
A knowledgeable Chula Vista pedestrian accident attorney can file a claim with the appropriate insurance company on your behalf and aggressively negotiate with adjusters. If the insurance company does not offer you fair compensation, your lawyer can litigate your case to a resolution in the state court system.
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Common Locations for Pedestrian Accidents Due to Driver Negligence
Pedestrian accidents can happen in various locations where foot traffic and motor vehicles intersect. The most common areas where these accidents occur are often places with high pedestrian activity and heavy traffic flow or where the layout increases the likelihood of pedestrians and vehicles coming into contact.
- One of the most frequent locations for pedestrian accidents is crosswalks. These areas are designed for people to cross the street safely, but they still remain hotspots for accidents. Even though pedestrians typically have the right-of-way, accidents can happen when vehicles fail to stop or yield in time.
- Another common location for pedestrian accidents is intersections – especially busy ones with multiple lanes or complicated traffic signals. Pedestrians crossing at intersections may be at risk because of the many vehicles passing through.
- Parking lots also see a significant number of pedestrian accidents. These areas often have slower-moving vehicles, but because of the close proximity of cars and people, there is still a risk. People walking between parked cars, entering or exiting stores, or loading items into their vehicles risk being hit when drivers negligently pull in or out of spaces.
- In urban areas, pedestrian accidents tend to be more common due to the density of both foot traffic and vehicles. Sidewalks may be crowded, and streets are often busy with vehicles, bicycles, and public transportation. In addition, these areas may have more distractions for drivers, leading to an increased risk of accidents.
- School zones are another common location for pedestrian accidents. During arrival and dismissal times, there is often a high concentration of both children and vehicles. This combination makes these areas particularly hazardous for pedestrians.
How Do Pedestrian Accidents Frequently Happen?
Pedestrian collisions resulting from negligent drivers can happen in various ways, often due to the driver’s failure to follow basic traffic laws or to pay adequate attention to their surroundings.
- One of the most common causes of these accidents is distracted driving. Drivers distracted by their phones, eating, adjusting the radio, or other tasks take their eyes off the road and fail to notice pedestrians crossing or walking nearby. Even a momentary distraction can result in a serious accident if the driver fails to stop or slow down in time.
- Failing to yield is another common way that negligent drivers cause pedestrian collisions. Pedestrians often have the right-of-way, especially at crosswalks. However, some drivers fail to yield to pedestrians, either because they are in a hurry or do not see them. This failure to give pedestrians the space and time to cross safely leads to many preventable accidents.
- Another frequent common cause of pedestrian accidents is speeding. When drivers exceed the speed limit, they have less time to react to anything unexpected, such as a pedestrian stepping off the curb or crossing the street. Furthermore, at higher speeds, the force of impact is much greater, leading to more severe injuries or fatalities for the pedestrian. Speeding reduces the driver’s ability to stop quickly and increases the chances of a collision.
- Running red lights or stop signs is another form of negligent driving that can lead to pedestrian accidents. When drivers do not obey traffic signals or stop signs, they put pedestrians in danger, particularly those crossing the street legally. Pedestrians may assume that drivers will stop as required, and when they do not, it can lead to a serious collision.
- Finally, driving under the influence of drugs or alcohol is a significant cause of pedestrian accidents. Impaired drivers have slower reaction times, poor judgment, and reduced awareness of their surroundings. These factors make it more likely for them to hit a pedestrian, as they may not see them in time or be able to stop.
Most Common Injuries in Pedestrian Collisions
Pedestrian accidents often result in serious injuries due to the lack of protection pedestrians have compared to drivers and passengers in vehicles.
- One of the most common pedestrian injuries in these accidents is broken bones. When a vehicle strikes a pedestrian, the force can easily fracture bones in the legs, arms, ribs, or pelvis. Depending on the severity, treatment may involve wearing a cast, undergoing surgery to insert pins or plates, and physical therapy to regain mobility.
- Head injuries are another frequent result of pedestrian accidents. When a pedestrian is struck, they may hit their head on the vehicle or the ground, which can cause concussions, skull fractures, or even traumatic brain injuries (TBIs). TBIs can vary in severity, sometimes leading to long-term cognitive issues or memory problems. Treatment may involve rest, medication, surgery to relieve pressure on the brain, and rehabilitation to help the individual recover lost functions.
- Spinal injuries are also common in pedestrian accidents, particularly in high-impact collisions. A serious spinal injury can result in herniated discs, fractures, or even paralysis. Depending on the location and extent of the injury, treatment may include immobilization, surgery, physical therapy, and, in some cases, long-term care if the injury leads to permanent damage.
- Internal injuries are another serious concern. The impact from a vehicle can cause damage to internal organs, such as the liver, lungs, or kidneys. These injuries can be life-threatening if not treated immediately. Emergency surgery is often required to stop internal bleeding or repair damaged organs, and the recovery process may involve extended hospital stays and monitoring.
- Lacerations and bruises are also common. Cuts from broken glass or contact with the vehicle can require stitches, and deep wounds may need surgery to prevent infection. Bruises typically heal on their own, but larger contusions may require medical attention.
In addition to physical injuries, psychological injuries such as post-traumatic stress disorder (PTSD) can occur following a pedestrian accident. Victims may need therapy or counseling to cope with anxiety, depression, or flashbacks related to the pedestrian accident.
Proving a Pedestrian Accident Claim or Lawsuit
Proving the elements of a pedestrian accident claim or lawsuit is essential for a successful outcome. To do this, the injured pedestrian must establish several key elements: duty of care, breach of duty, causation, and damages. Gathering the right types of evidence is critical in supporting each of these elements.
- First, the pedestrian must show that the driver owed a legal duty of care. All drivers have a duty to act reasonably and safely on the road to protect others, including pedestrians. This element is usually easy to prove because every driver presumably has a legal responsibility to follow traffic laws and drive carefully.
- Next, the pedestrian must demonstrate that the driver breached this duty by acting negligently, which means showing that the driver did not act as a reasonably careful person should in the same situation. Examples of a breach can include speeding, failing to yield at a crosswalk, or driving while distracted. Evidence such as traffic camera footage, witness statements, or the driver’s own admission of fault (for example, in a police report) can help prove that the driver acted negligently.
- The third element, causation, requires showing that the driver’s negligence directly caused the pedestrian’s injuries. Causation means the accident would not have happened but for the driver’s wrongful actions. Proving causation may involve medical records that clearly link the injuries to the accident. For instance, if the pedestrian suffered a broken leg from being hit by the driver, medical documentation showing the timing and extent of the injuries is crucial.
- Finally, the pedestrian must prove damages – or the harm suffered as a direct result of the accident. Damages can include physical injuries, emotional trauma, and financial losses, such as medical bills or lost income. Evidence like hospital bills, therapy records, and pay stubs showing time missed from work can establish the extent of these damages.
In addition to this direct evidence, expert testimony may also be useful in some cases. An accident reconstruction expert, for example, can help clarify how the accident occurred, while a medical expert can testify about the long-term effects of the injuries.
Successfully proving a pedestrian accident claim or lawsuit requires thorough evidence collection to establish each negligence element. By gathering and presenting strong evidence, the injured party increases their chances of receiving fair compensation for their losses.
Factors That Determine How Long a Pedestrian Accident Case Takes To Settle
Several factors can determine how long settling a pedestrian accident claim takes. One of the most important factors is the severity of the injuries. If the pedestrian suffers serious injuries, medical treatment and recovery may take months or even years. Settling a claim before the full extent of the injuries and necessary treatment is known can result in insufficient compensation. Therefore, waiting until the pedestrian has completed all of their treatment is often necessary before meaningful settlement negotiations can begin.
Another factor is the insurance company’s willingness to cooperate. Some insurance companies may quickly offer a fair settlement, while others may delay or contest the claim. Insurance companies may investigate the claim extensively, request more documentation, or challenge certain aspects of the case, which can significantly slow down the settlement process. In some cases, insurance companies may attempt to offer a low initial settlement, prolonging negotiations as both sides try to reach a fair agreement.
The case's complexity can also influence how long it takes to settle. Gathering evidence, such as witness statements or accident reconstruction reports, may take longer if the accident involved multiple parties or conflicting accounts of what happened. More complicated cases often require thorough investigation and additional time to prove liability, which can delay the settlement process.
Another factor is the legal process itself. If the insurance company refuses to offer a reasonable settlement, the case may need to go to court. While most personal injury cases settle before trial, filing a lawsuit adds significant time to the process. Legal proceedings, including discovery, depositions, and court hearings, can extend the timeline by months or even years.
Finally, the amount of compensation sought can affect the settlement timeline. Larger claims typically involve:
- More scrutiny from the insurance company.
- Leading to longer negotiations and, potentially.
- A more drawn-out process.
How Much Is a Pedestrian Accident Claim or Lawsuit Worth?
The value of a pedestrian accident claim or lawsuit can vary widely depending on several factors, including the severity of the injuries, the repercussions on the victim’s life, and the specific circumstances of the collision. In general, claims can range from a few thousand dollars to hundreds of thousands or even millions of dollars for severe or life-altering injuries. The more serious the injury and its effects, the higher the potential compensation.
Injured pedestrians may be eligible to recover compensation, often referred to as damages. These damages can be divided into two main categories: economic and non-economic damages.
- Economic damages refer to the tangible financial losses resulting from the accident. One of the most significant components of economic damages is medical expenses, including emergency room visits, surgeries, hospital stays, doctor appointments, physical therapy, and any necessary ongoing care. If the injuries are severe, the pedestrian may also require long-term medical treatment or rehabilitation, significantly increasing the claim's value. Another important type of economic damage is lost earnings. If pedestrians cannot work due to injuries, they can seek compensation for the income they lost while recovering. In cases where the injuries lead to a permanent disability or long-term limitations, the pedestrian may also be entitled to future lost earnings or a reduced earning capacity.
- Non-economic damages, on the other hand, are more subjective and cover the personal and emotional toll the accident takes on the injured person. One of the most common types of non-economic damages is pain and suffering. These damages compensate the victim for the physical pain and discomfort the accident caused, as well as any long-term or chronic pain they may experience. Emotional distress, including anxiety, depression, or PTSD, is another form of non-economic damage. If the accident significantly reduces the pedestrian’s quality of life, they may also recover compensation for loss of life enjoyment.
- In cases where the driver’s behavior was especially reckless or egregious, the court may also award punitive damages. These damages intend to punish the driver and serve as a deterrent to others.
Talk with an Experienced Pedestrian Accident Lawyer Today
If you or someone you care about recently sustained injuries in a pedestrian collision, you may be eligible to recover compensation. A skilled Chula Vista personal injury attorney in your area can discuss your legal options with you, file a claim or lawsuit on your behalf, and work to maximize your total settlement or litigation award.
