Pedestrian accidents are a serious concern in California, with thousands of pedestrians injured or killed each year due to collisions with vehicles. As a pedestrian, it’s important to know your rights in the unfortunate event that you are involved in an accident. Understanding your legal protections can help you take the right steps toward recovery and ensure you receive the compensation you deserve. In this blog post, we’ll discuss what rights you have as a pedestrian in California after an accident and what actions you should take if you’re involved in one.
1. Right to Safe Passage
As a pedestrian, you have the right to safety when walking on California’s streets. The state has laws in place that prioritize pedestrian safety, particularly in crosswalks. Under California Vehicle Code (CVC) Section 21950, pedestrians generally have the right of way at crosswalks, meaning that drivers are required to yield to pedestrians. This applies both to marked and unmarked crosswalks, though pedestrians should always be cautious and mindful of their surroundings.
If you are walking in a crosswalk or are crossing at an intersection, drivers are legally required to stop and allow you to cross safely. If an accident occurs while you are exercising this right, you may have a valid personal injury claim against the responsible driver, particularly if they violated traffic laws or were negligent.
2. Right to Compensation for Injuries
If you are injured in a pedestrian accident, you have the right to seek compensation for your injuries and related damages. This includes compensation for medical bills, lost wages, pain and suffering, emotional distress, and any long-term effects of your injuries.
California follows a comparative fault system, which means that if both the driver and the pedestrian are partially responsible for the accident, you may still be eligible for compensation. However, the compensation amount may be reduced by the percentage of fault assigned to you.
For example, if you were jaywalking but the driver was speeding or distracted, both factors could contribute to the accident. In such cases, a court or insurance company would assess the degree of fault for each party, and compensation would be awarded based on that assessment.
3. Right to File a Personal Injury Claim
If the driver was at fault in the accident, you have the right to file a personal injury claim to recover damages. Personal injury claims can be filed through the driver’s auto insurance or, in some cases, through your own insurance if you have coverage for pedestrian accidents.
To file a personal injury claim, you typically need to prove that:
- The driver was negligent, such as by speeding, running a red light, failing to yield at a crosswalk, or being distracted.
- The driver’s actions directly caused your injuries.
- Your injuries resulted in actual damages (medical bills, lost wages, pain and suffering, etc.).
Consulting with a California pedestrian accident lawyer can help you navigate the complexities of filing a personal injury claim and ensure your rights are protected.
4. Right to Medical Care and Treatment
If you are injured in a pedestrian accident, you have the right to seek immediate medical care. It’s important to seek medical treatment as soon as possible, even if you don’t feel injured right away. Some injuries, such as internal bleeding or soft tissue damage, may not show symptoms immediately but could worsen over time. Getting checked by a medical professional ensures that your injuries are properly diagnosed and treated.
Additionally, the medical records from your treatment will serve as important evidence if you decide to pursue a personal injury claim. These records help demonstrate the severity of your injuries, the treatments you’ve received, and the impact the accident has had on your health and well-being.
5. Right to Report the Accident
In California, it is important to report the accident to the proper authorities, especially if the incident involves injury or significant property damage. You should contact local law enforcement and file a police report. The police report will document the details of the accident, including any driver and pedestrian fault, traffic violations, and the resulting injuries. This report can serve as valuable evidence if you need to pursue a claim.
The report also helps ensure that the driver is held accountable if they were negligent or violated traffic laws. Without a police report, it can be more difficult to prove the details of the accident and protect your rights.
6. Right to Pursue Legal Action
If negotiations with the driver’s insurance company fail or if the settlement offer is inadequate, you have the right to pursue legal action. Filing a lawsuit against the driver is an option if the insurance claim process does not lead to a fair resolution.
A pedestrian accident lawyer can help you prepare for legal action by gathering the necessary evidence, such as:
- Witness statements
- Traffic camera footage
- Medical records
- Expert testimony
A lawsuit may be the most effective way to recover the full compensation you deserve if the insurance company does not offer a fair settlement.
7. Right to Recovery for Emotional Distress
In addition to physical injuries, pedestrians involved in accidents may experience significant emotional distress. The trauma of being hit by a vehicle can have long-lasting psychological effects, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
In California, you have the right to seek compensation for emotional distress as part of your personal injury claim. This can include pain and suffering related to your emotional and psychological recovery from the accident. Keep in mind that documenting these effects through medical professionals, such as psychologists or counselors, can strengthen your case for emotional distress compensation.
8. Right to Protection Under California’s Pedestrian Laws
California law offers various protections for pedestrians, especially in areas where pedestrian traffic is heavy. For example, pedestrian safety zones have been established in some areas, especially near schools or senior centers, where drivers are required to reduce their speed. If a pedestrian accident occurs in one of these areas, the driver’s actions may be subject to stricter penalties.
In some cases, local municipalities have additional laws or ordinances aimed at protecting pedestrians. Familiarizing yourself with these local laws can give you added insight into your rights and help you understand whether additional protections were in place at the time of the accident.
9. Right to Access Legal Representation
Navigating the aftermath of a pedestrian accident can be challenging, and it’s important to have an experienced pedestrian accident lawyer by your side to ensure that your rights are protected. A lawyer can help you understand your legal options, assist with gathering evidence, and advocate on your behalf during insurance negotiations or legal proceedings.
Legal representation is particularly important if you face a difficult case, such as when the driver is uninsured or underinsured, or if there is a dispute over liability. An attorney will help you build a strong case to maximize your compensation.
Conclusion
As a pedestrian in California, you have several important rights that help protect you in the event of an accident. From the right to safe passage in crosswalks to the right to compensation for your injuries, it’s essential to understand these protections to ensure that you’re treated fairly and receive the support you need.
If you’ve been involved in a pedestrian accident, don’t hesitate to contact an experienced California pedestrian accident lawyer. They can help guide you through the legal process, fight for your rights, and help you obtain the compensation you deserve for your injuries, medical bills, and emotional distress. Understanding your rights is the first step toward recovery, and a skilled attorney can ensure that your journey to justice is as smooth as possible.
