The National Highway Traffic Safety Association (NHTSA) reports that each year nearly 5,000 pedestrians die in motor vehicle related accidents, and more than 78,000 pedestrians suffer injuries when hit by a car or truck. Additionally, thousands of non-vehicular pedestrian accidents occur because of poor property maintenance, sidewalk or parking lot defects and/or construction.
The pedestrian is the most vulnerable target on public roads, sidewalks or on private property. Fortunately, the laws in California do protect them. Whether a vehicle or property defect causes an accident or injury, a pedestrian may recover damages for the injuries suffered if someone else’s negligence caused or contributed to the accident.
What is negligence? This is a legal term for the failure to do (or not do) something that a reasonable person would in order to protect others from possible risks. Generally, people who drive cars must exercise “reasonable care under the circumstances.” Any failure to use reasonable care is considered negligence.
A few of the most common factors contributing to driver negligence are: an inattentive or pre-occupied driver, failure to observe posted speed limits, failure to yield the right of way to pedestrians at marked cross walks, disobeying traffic signs or signals and driving while under the influence.
A property owner or renter is responsible when a dangerous condition exists on his or her private walkways. A dangerous condition exists when something on the property presents an unreasonable risk to people on it.
Knowledge of the dangerous condition is established by showing that: the owner or renter created the condition, knew the condition existed and failed to correct it. Or the condition existed long enough that it should have been discovered and fixed before the accident.
Contact an Accident Attorney
Be aware that those who may be legally responsible for your injuries may try to blame you for the accident, by claiming that you were negligent. If you have been involved in a pedestrian accident, you should call the police, do not leave the scene of the accident before help arrives, get names and phone numbers of witnesses and do not make any statements to anyone.
You should also call a qualified and experienced accident attorney as soon as possible. Our attorneys are experienced in defending your rights and getting you the compensation that you are entitled to under law. Call 877-702-7274 and speak to an expert today.
Latest posts by Arash Khorsandi (see all)
- Police on the hunt for reckless hit and run truck driver – January 30, 2014
- When Can I Sue For a Dangerous Drug Prescription? – January 21, 2014
- Motorcycle Accident Lawyer Los Angeles – January 6, 2014