Pedestrian Accident Attorney Santa Ana

Pedestrians and motor vehicles can be a deadly combination if one or both parties fails to respect the rules of the road. In many pedestrian accident cases, it is the vehicle driver’s negligence that leads to a crash. 

Drunk Driving

Alcohol plays a major role in pedestrian accident cases. Drivers under the influence of alcohol and/or drugs have a slower reaction time, impaired thinking, and reduced muscle coordination. Like the rest of the U.S., the legal blood alcohol concentration (BAC) limit is 0.08% in California. 

Intoxicated pedestrians also risk their own safety, as they lack awareness of their surroundings. 

Speeding and Reckless Driving

Speeding, running red lights, and weaving in and out traffic pose a serious risk to other drivers and pedestrians. If a driver speeds through a red light, they run the risk of hitting a pedestrian crossing the street who has the right of way. 

In response to speeding, many residential areas have installed speed bumps. The state of California is also considering adding more speed cameras to deter drivers from excessive speed. Speeding also increases the risk of a hit-and-run, where a driver may hit a pedestrian and then flee the scene. 

Failure to Yield Right-of-Way

Under California state law, pedestrians have the right-of-way in marked or unmarked crosswalks. This means that motorists must yield to pedestrians who are walking in a designated crosswalk. 

Poor Visibility

According to the Governors Highway Safety Association (GHSA), pedestrian accidents occur more frequently at night. In darkness, pedestrians are harder to see than other road users. Pedestrians are also less likely to wear reflective gear or lights.

An increase in SUVs and pickup trucks on the road have also led to more pedestrian fatalities. Higher vehicle hoods significantly reduce visibility, making it harder for drivers to see pedestrians. 

Distracted Driving

A rise in distracted driving has also led to an increase in Santa Ana pedestrian accidents. Texting while driving is the most dangerous form of distracted driving, as it takes a driver’s eyes, mind, and hands off the road. A driver looking down at their phone or talking to a passenger may not see a pedestrian crossing and hit them. 

Jaywalking 

Pedestrians must respect traffic signs and symbols in the same way that drivers do. While pedestrians can legally cross outside of the crosswalk, they must first check to see if it is safe to do so. If there is an immediate danger of a collision, pedestrians are legally not allowed to jaywalk. Pedestrians should not assume that the driver will slow down or see them. 

Pedestrians should also avoid freeways, highways, and any other high-traffic areas where cars may be speeding and not watching for pedestrians. 

In personal injury lawsuits, fault lies with who acted negligently and caused the accident. In some cases, liability is clear. If a driver was speeding and hits a pedestrian crossing in a crosswalk, the driver is likely at fault. When fault is disputed between both parties, that is a sign to hire an experienced Santa Ana pedestrian accident lawyer. 

To successfully obtain fair compensation, you must prove the following five elements of negligence: 

1. Duty of care: The defendant owed the plaintiff (the victim) a duty of care. This means that the defendant had a legal obligation to act reasonably and avoid harming the plaintiff.
2. Breach: The defendant breached the duty of care by failing to act reasonably and violated the standard of care that was expected of them. For example, a driver breaches their duty by speeding, running red lights, driving under the influence, etc. 
3. Harm: The plaintiff suffered physical, emotional, or financial harm. 
4. Proximate cause: The defendant's breach was the proximate cause of the plaintiff's harm.
5. Cause-in-fact: The defendant's breach was the cause-in-fact of the plaintiff's harm. This means that the plaintiff's harm would not have occurred if the defendant had not breached the duty of care.

Common Pedestrian Accident Injuries

Serious injuries or fatalities are all too common in pedestrian accidents. Pedestrians lack the protective gear of a motorcycle or the safety of a vehicle, meaning their bodies are vulnerable to various trauma. 

Some of the most common pedestrian injuries include: 

• Soft tissue injuries: Sprains and strains of the muscles, ligaments, and tendons can cause pain, swelling, bruising, and limited mobility. They may heal on their own or require physical therapy or surgery.
• Broken bones: Fractured bones can cause severe pain and require months of rest and rehabilitation. Depending on the type and location of the fracture, surgery may be needed.
• Head injuries: Traumatic brain injuries (TBI) are one of the most common injuries suffered in a pedestrian incident. A brain injury can cause permanent brain damage or death. 
• Spinal cord injuries: Injuries to the back and spine may affect mobility, either temporarily or permanently. 
• Internal injuries: The internal organs can be ruptured or torn if the trauma is extremely forceful. Symptoms may not appear immediately, but require medical treatment.
• Psychological trauma: Pedestrians who are hit by motor vehicles may suffer from PTSD, depression, anxiety, stress, and other emotional distress.