Brentwood Pedestrian Accident Lawyer
Protecting the Rights & Best Interests of Injured Pedestrians in Brentwood, CA
Pedestrian accidents are some of the most severe and life-altering types of accidents that can occur. When a driver strikes a pedestrian, the driver is almost always at fault. This is because drivers are supposed to be aware of their surroundings and make sure they are driving in a safe manner. When a driver fails to do this, they can cause a pedestrian accident that results in serious injuries.
At Ayala, Morgan & Buzzard, we know how dangerous and life-altering pedestrian accidents can be. Our Brentwood pedestrian accident lawyers can help you fight for the compensation you deserve.
What is a Pedestrian Accident?
A pedestrian accident refers to a collision or incident involving a pedestrian and a vehicle. Pedestrians are individuals who are traveling on foot, such as walkers, joggers, or people crossing the street. These accidents can lead to severe injuries or fatalities for pedestrians due to the significant size and force disparity between a vehicle and a person.
Common causes of pedestrian accidents involving vehicles include:
- Distracted driving: Drivers who are distracted by their phones, GPS, passengers, or other activities are less likely to notice pedestrians crossing the road or walking near the street.
- Speeding: Excessive speed reduces a driver's ability to stop quickly, making it more difficult to avoid collisions with pedestrians, especially in urban areas with heavy foot traffic.
- Failure to yield: Drivers may fail to yield the right-of-way to pedestrians at crosswalks or intersections, leading to collisions.
- Intoxication: Drivers under the influence of alcohol or drugs have impaired judgment, reduced reaction times, and may not notice pedestrians in their vicinity.
- Reckless driving: Aggressive or reckless driving behaviors, such as running red lights, ignoring traffic signals, or making unsafe turns, increase the likelihood of striking pedestrians.
- Poor visibility: Low light conditions, bad weather, or obstructed view can make it difficult for drivers to see pedestrians in time to avoid a collision.
- Jaywalking or crossing outside crosswalks: Pedestrians may contribute to accidents by crossing the street outside designated crosswalks or intersections, where drivers may not anticipate their presence.
- Vehicle blind spots: Larger vehicles like trucks and buses have significant blind spots that may hide pedestrians from the driver's view.
- Inadequate infrastructure: Poorly designed roads, lack of crosswalks or pedestrian signals, and insufficient lighting can increase the risk of accidents involving pedestrians and vehicles.
- Driver inexperience: Inexperienced drivers may be less aware of pedestrian safety protocols and may not respond appropriately to unexpected pedestrian movements.
Determining Fault in a Pedestrian Accident
In California, liability for a pedestrian accident can be attributed to different parties depending on the circumstances surrounding the incident. Several factors may influence who is considered responsible for the accident.
Here are some common scenarios and the potential parties at fault:
- Driver's Negligence: The most common cause of pedestrian accidents is driver negligence. If a driver fails to exercise reasonable care while operating their vehicle and hits a pedestrian, they may be at fault. Negligence could include actions like speeding, distracted driving (e.g., texting while driving), running red lights, or not yielding to pedestrians at crosswalks.
- Pedestrian's Negligence: Pedestrians also have a duty to exercise reasonable care for their safety. If a pedestrian crosses the road outside of designated crosswalks, jaywalks, or walks into traffic without paying attention, they might be partially or fully at fault for the accident.
- Comparative Negligence: California follows the doctrine of comparative negligence, which means fault can be shared between multiple parties. If both the driver and the pedestrian were negligent to some extent, the court or insurance adjusters may assign a percentage of fault to each party based on their actions.
- Public Entity Liability: In some cases, the accident might be caused by dangerous road conditions, inadequate signage, poorly designed intersections, or malfunctioning traffic signals. If these issues contributed to the accident, the responsible public entity might be held liable.
- Manufacturer Liability: In rare cases, a pedestrian accident may result from a vehicle defect, such as faulty brakes or a steering malfunction. In such instances, the vehicle manufacturer or a component manufacturer could be held liable.
- Intoxication: If the driver or the pedestrian was under the influence of alcohol or drugs at the time of the accident, their impaired state could contribute to being at fault.
What Compensation Can I Receive?
If you can prove that the driver was negligent in some way, you can sue for compensation for your injuries. You can also sue for compensation for your pain and suffering, your medical bills, and your lost wages. Our firm can help you fight for the compensation you deserve to pay for all of your damages.