How Pedestrian Accidents Differ From Other Victorville, CA Crashes

Here in California, we rank very high for pedestrian accidents in comparison with other states. These accidents are unique largely because of the threat they pose to pedestrians in comparison to ordinary car crashes. Talk to a Victorville, CA pedestrian accident lawyer right away if you have been involved in a pedestrian crash so you can protect your rights and get the full compensation you need to recover from a serious accident.

How Pedestrian Accidents Differ From Other Victorville, CA Crashes

Injury Severity

Not only are pedestrian victims more likely to have to go to the hospital after an accident, but a recent study of 5,000 pedestrian victims found that, when they are discharged, only 16% can function at the same capacity they enjoyed before the accident. 78% of them have a temporary disability, and 4% will go on to have a permanent disability.  

Alcohol Really Matters: But Not Like You Think

In pedestrian accidents, it’s overwhelmingly the pedestrians who have been drinking rather than drivers. In 24% of pedestrian accidents, only the pedestrian had been drinking. In 10%, the driver alone was drinking. In 6%, both had been drinking.

Of course, it is illegal to drink and drive, while it’s perfectly fine to drink and go for a walk. But what these findings do flag up is the reality that, while many pedestrians would assume that they are safe walking out on the streets, even if they’ve been drinking, they aren’t.

Drivers Have a Greater Duty of Care to Pedestrians

California law imposes a higher and more explicit duty on drivers toward pedestrians precisely because of the vulnerability of pedestrians in these accidents. Drivers must yield the right-of-way to pedestrians crossing in any marked crosswalk or unmarked crosswalk at an intersection and do whatever they can to avoid harming a pedestrian in the crosswalk, even if the pedestrian is violating right-of-way.

California’s Comparative Negligence Rules Favor Pedestrians

Some states bar an injured person from collecting any compensation if they are more than 50% or 51% at fault. But here in California, we have a pure comparative negligence standard that allows anyone to recover, even if they are 99% at fault. However, everyone’s damages are reduced by the same percentage as their fault.

Say a pedestrian jumps out suddenly in front of a vehicle, in the middle of the street, and the driver is unable to stop in time, not only because of the sudden obstacle, but also because they were speeding. In this case, the pedestrian might bear 70% of the fault and the driver only 30%, but the pedestrian is likely to have much greater losses.

If the pedestrian has medical bills totaling $100,000, and the driver has a $1,500 car repair bill, in the end the pedestrian could recover $30,000 and the driver just $1,050. This system allows for a fairer distribution of the burden of the accident based on each party’s level of responsibility.

Talk to a Victorville, CA Pedestrian Accident Lawyer Today

Recovery is hard enough: you may not have the strength or expertise needed to deal with the paperwork, deadlines, and negotiations involved in bringing a claim. Call the Law Offices of Vondra & Hanna in Victorville today, where we relentlessly pursue justice on behalf of our clients.

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