Pursuing Justice for Injured Pedestrians
Crosswalks may be the safest place to cross the street, but negligent drivers can cause pedestrian accidents anywhere and anytime. If you are harmed while crossing safely and at a crosswalk, the driver who hit you should be unequivocally responsible for any injuries you sustain.
What is a Crosswalk?
Any intersection that does not prohibit crossing the street can be a crosswalk. Most people are familiar with crosswalks that are marked by paint, but the majority of crosswalks in California are actually unmarked. According to city government:
“a crosswalk is the portion of a roadway at an intersection that is the extension of the sidewalk and curb lines of the intersecting streets, or is any portion of a roadway marked as a pedestrian crossing by painted lines”
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Adults over the age of 65 and children under the age of 15 are most vulnerable to serious injury and death in pedestrian accidents. Any pedestrian, however, can be involved in a crosswalk accident. According to the National Highway Traffic Safety Administration (NHTSA), everyone is a pedestrian at some point in their lives.
While practicing safe walking behaviors can help prevent pedestrian accidents, these unfortunate events cannot be eradicated without the commitment and safe driving of motorists.
Even pedestrians crossing safely and legally can be injured or killed.
The Conflict of Crosswalks
Studies throughout California confirm that accidents occur even when pedestrians cross exclusively in crosswalks. In fact, a study in Long Beach confirmed accidents are 8 times more likely to occur in marked crosswalks.
Although drivers are required to yield the right-of-way to pedestrians at all crosswalks, marked crosswalks may lull pedestrians into a false sense of safety. Many people enter crosswalks with the assumption that vehicles will stop.
Often, drivers will not see markings or pedestrians until it is too late.
Because pedestrians have the right of way at all marked and unmarked crosswalks, any accident that occurs in any crosswalk will be attributed to the driver.
If you pursue a lawsuit against the driver who caused your crosswalk injuries, however, insurance companies and opposing counsel may try to blame you for what happened. While checking twice for safety is always a good idea, your accident would not have occurred had the driver obeyed traffic laws.
Our firm will not stand for victim blaming, and neither should you.
As your legal team, we will clarify and emphasize facts and fault to the court, and during settlement negotiations. To schedule your appointment, call (916) 500-0000.
Pedestrians possess no protection while crossing the street, so if they are hit by a car, their injuries can be devastating.
Injuries sustained in crosswalks do not differ significantly from those sustained in regular pedestrian accidents, but common ailments include:
- Cuts, lacerations, and “road rash”
- Severe internal and external bleeding
- Broken bones and fractures
- Injuries to the head, neck, or spinal cord
- Traumatic brain injuries
- Nerve damage
- Paralysis and other disabilities
If someone caused your injury while violating traffic laws, they can be held responsible for any and all losses associated with the accident.
Filing a lawsuit is important because it will help you move forward from your injury or loss on a financial level. Any money you are awarded during your case is referred to as damages.
This compensation can help you pay for:
- Legal assistance
- Medical and rehabilitative care
- Missed wages
- Diminished earning potential
- Reduced quality of life
- Pain and suffering
Our firm can help you evaluate your financial needs and pursue maximum compensation.
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With over 19 years of experience in personal injury, our attorneys are prepared to fight on your behalf. Getting hurt in a crosswalk is never your fault, and we are not afraid to go to trial and prove this fact. Take the first step forward today with a consultation at our Folsom, CA offices.