Pedestrian accidents are on the rise all over the United States including in California. In 2016 there were almost 6,000 pedestrian accident fatalities and numbers released by the Governors Highway Safety Association for the first half of 2017 indicate that 2017 pedestrian fatalities will likely match 2016 at around 6,000 fatalities. The report provided that three of California’s counties are among the ten counties in the United States with the highest number of fatalities:
These numbers should be concerning for pedestrians visiting and living in California. California is attempting to combat the rise of pedestrian fatalities by installing more turnabouts, funding pedestrian assessments in areas with high pedestrian accidents, and funding pedestrian education. While these attempts to lower or curb pedestrian accidents are a good thing, it does not help pedestrians who have already suffered injuries in an accident. If you or a loved one has suffered injuries or death in a California pedestrian accident, contact El Cajon pedestrian accident attorney, Eugene G. Bruno, to schedule a consultation.
Unfortunately pedestrian accidents are a regular occurrence on our California streets. There are common pedestrian accident scenarios that we have seen repeatedly including the following:
In order to recover for your damages and injuries, it will be necessary to prove that the driver was at fault in the accident that caused your injuries. If you were a pedestrian injured by a motor vehicle, it is important to understand California’s comparative negligence law, especially if you believe that you were partially at fault in the accident. You as a pedestrian may have been partially negligent in doing something illegal or ill advised such jaywalking, disobeying traffic signals, or texting on your phone as you cross the street, however, that does not generally bar you from recovery if the driver was also at fault in the accident.
California’s comparative fault law provides that a plaintiff may recover for injuries even if he or she is found to be partially at fault and his or her recovery from a defendant will be reduced by the plaintiff’s amount of fault. For example, if a speeding driver hit a jaywalking plaintiff as she was crossing the street and she is allocated 10% fault in the case and her damages are $100,000, she may recover $90,000 ($100,000 minus the 10% allocated to her own fault in the accident).
If you or a loved one was injured or killed in a pedestrian accident, contact The Eugene Bruno & Associates to schedule a consultation. We will review the facts of your case and the totality of your injuries before developing the best legal strategy to see that you are fully compensated for your injuries.