While many of us think that pedestrian accidents typically occur at busy intersections or in bad weather, the reality is that they can occur on sidewalks, in parking lots, in parking garages, and in other areas that are frequented by motor vehicles and pedestrians. When a motor vehicle collides with a pedestrian, the results can be serious, sometimes fatal.
Pedestrian accident victims should take critical and specific steps to ensure that the outcome of their case if favorable, steps that we can help you take.
How do Pedestrian Accidents Occur?
Pedestrian accidents often occur out of the blue and catch victims completely off guard. In many instances, they happen because a driver is not paying attention to his or her surroundings. Some of the most common causes of pedestrian accidents include the following:
Speeding
Slow speed limit signs are posted in parking areas and other areas that are frequented by pedestrians for a reason: so that drivers will watch their speed and be able to stop or take evasive action if it becomes necessary. When drivers operate their vehicles in parking lots or parking garages faster than they should, it makes it much more likely that a pedestrian accident – or some other accident – will occur.
Distracted Driving
GPS devices, cell phones, and other electronic devices can be extremely distracting to drivers. When drivers are paying attention to these devices instead of watching the roadway, they are more likely to miss a pedestrian who may be standing or walking nearby.
Comparative Negligence
When it comes to pedestrian accidents and other personal injury cases, the State of California applies a pure comparative negligence standard. This means that even if the pedestrian accident victim is 99% at fault for the accident, he or she can still recover 1% of his or her potential damages.
In the context of pedestrian accidents, this means that even if a pedestrian was partially negligent, such as by walking slightly outside the lines of a crosswalk or walking while intoxicated, he or she can still recover a portion of their damages, assuming that someone else was partially at fault for causing them. An experienced lawyer can review how your pedestrian accident occurred and determine whether you will be able to recover compensation for your losses.