Despite what the band Missing Persons wants you to believe, people do walk in Los Angeles. In fact, they walk all over California including on the roads and byways of the state and increasingly they are being hit by cars and unfortunately are dying as a result. Between 2014 and 2018, pedestrian deaths in California increased 26 percent. In 2018, more than 14,000 pedestrians were injured and 893 died. In the first half of 2019, pedestrian deaths jumped another 12 percent with 519 fatalities. California has the unenviable distinction of having the highest pedestrian death rate in the country.
The answer as to why there are so many pedestrian accidents and fatalities is not entirely clear but there are certain factors that are at play. The usual suspects of driver distraction, speeding, and impairment are certainly part of the equation. The size of SUVs in particular has also been cited as a possible reason for the increase as a person hit by a larger SUV is twice as likely to die from the impact than a car. However, there is also evidence of pedestrians putting themselves in harm’s way and suffering the consequences. Some reasons include being distracted such as staring at a screen while walking and being intoxicated. Other external factors including lack of markings at crossings, unsafe crossing conditions, and other road-related hazards.
Of course, the why of an accident is always critical in determining who is liable for the ensuing damages. At the outset, it is important to remember that both drivers and pedestrians have certain obligations when it comes to using the roads under California law. Pedestrians are required to cross in a crosswalk or other designated crossing area – i.e. not jay walk – and they have the right of way vis-à-vis a vehicle when crossing in a lawful crosswalk. Drivers, on the other hand, are required to exercise reasonable caution to avoid hitting wayward pedestrians who are crossing outside of the crosswalks. The reality is, though, that cars and especially SUVs and trucks have the advantage on virtually every level over pedestrians. They are faster, better armored, and generally take up more space.
Responsibilities of Pedestrians on the Road
Given the extreme advantage that cars, SUVs and trucks have over pedestrians, the reality is that the onus is on pedestrians to take some reasonable and commonsense precautions to avoid being hit. For example, stay within the crosswalk when crossing the street and do not jaywalk. Avoid being distracted, particularly by your phone or another screen. Stopping in the middle of the street to read a text is a great way to invite a vehicle collision. If you are walking at night, wear light and/or reflective clothing and carry a flashlight. If you have been drinking or are otherwise impaired, avoid walking on the street if possible.
What Pedestrians Should Do If Hit by a Car
Document
So, what happens if you are simply walking along and get hit by a car? Depending on your level of injury, you should first attempt to get to a safe place from which to better assess the situation. If you can, immediately document the scene with photographs and video because it is entirely possible that the driver will attempt to or succeed in leaving the scene or move their car out of the position it was in when the accident occurred. This evidence could be significant later in litigation with the driver especially if they attempt to argue that you were at fault.
Call the Police or Emergency Services
If you are injured, call the police and emergency services and wait for them to arrive.
Collect Names of Witnesses
In the interim, try to get the names of witnesses and document other factors such as your movements before the accident, the weather conditions, and your recollection of the accident.
Once the police arrive, give them as much information as possible about what happened and see about getting the information about the driver including their insurance information, name, license number, and contact information. Try to avoid speaking with the other driver if you are at all concerned about your possible liability in the accident to prevent yourself from making statements about your culpability that may cause difficulty in later litigation.
If you are not checked out by emergency services immediately at the crash site, get to a doctor such as your primary care doctor or to an emergency room to be thoroughly examined. You may have internal injuries that are not apparent on the outside but are still related to the accident for which you may need treatment. The evaluation will be helpful later in litigation to show your immediate injuries and what treatment you required.
Consult with a Pedestrian Accident Lawyer
Finally, call a personal injury lawyer who is well versed in pedestrian accidents. This is critical to ensure that you can recover damages from your accident because the driver’s insurance company most likely has no interest in making you whole and are only concerned with settling the claim for as little money as possible.
Another crucial reason to get in touch with a pedestrian accident lawyer is to protect yourself just in case your share any liability in the accident. Remember that pedestrians are required to cross in the crosswalk and while drivers are required to exercise reasonable caution to avoid jaywalkers, what if the ultimate reason for the accident is because you were walking outside of a designated cross walk? This is important because California is a comparative fault state which means that if you are at least partially responsible for the accident, your recovery is reduced by the percentage of your fault. A skilled pedestrian accident lawyer can help mitigate this reduction by looking at other factors that led to the accident. For example, consider that there may have been faulty markings in the crosswalk and they were confusing to understand. Or, perhaps the driver’s speed was unreasonably fast and didn’t allow you to react accordingly. And, if you can, before you call, read up on “the things to know before you call a personal injury lawyer.”
Pedestrian accidents, including fatalities, are continuing to rise at a steady pace despite efforts on the part of communities, cities, and municipalities to educate both drivers and pedestrians as to their responsibilities to each other when using the road. If you or a loved one is involved in a pedestrian accident, protect yourself first: get medical assistance, call for help, document the scene, collect the names of witnesses, and consult with a personal injury lawyer who knows pedestrian accident law.
