I Was Hit by a Car: Pedestrian Accidents 101
Pedestrian accidents are a tragically common type of accident that has increased by over 50% in recent years, according to the Insurance Institute for Highway Safety (IIHS). All but 15% of pedestrian injuries and deaths occur in urban areas like Los Angeles and other metropolitan areas in Southern California.
Pedestrian accidents most commonly occur in urban locations and can leave rippling consequences for pedestrians and drivers alike.
There were over 7,522 pedestrian deaths in one recent year, which accounts for roughly 18% of all motor vehicle fatalities in the United States, according to the U.S. Department of Transportation’s Fatality Analysis Reporting System.
If you’re involved in a pedestrian car accident, you need to know your rights.
Our team of highly experienced pedestrian accident attorneys at Wilshire Law Firm has compiled a complete guide to answer all the questions you may have about your pedestrian car injury.
Table of Contents
- I Was Hit by a Car: Pedestrian Accidents 101
- Who Is Considered a Pedestrian?
- What Is the Right of Way?
- Can Pedestrians Ever Be at Fault During a Pedestrian Car Accident?
- What Are the Main Causes of Pedestrian Accidents?
- Injuries Associated with Pedestrian Accidents
- How Severe Are Injuries of Pedestrians Involved in Motor Vehicle Crashes?
- Where Do Most Pedestrian Accidents Occur?
- When Do Most Pedestrian Accidents Occur?
- Interstate Freeway Pedestrian Accidents
- Hit and Run Accidents Involving Pedestrians
- What Should I Do If I Was Hit by a Car in Los Angeles?
- Get a Free Consultation for Your Pedestrian Accident
Who Is Considered a Pedestrian?
A pedestrian is a person who walks, runs, or uses a wheelchair. Pedestrians can also include people riding non-motorized vehicles such as skateboards, scooters, or roller skates, but they do not normally include those riding the standard bicycle.
Is a Bicyclist Considered a Pedestrian?
Depending on the state you reside in, a bicyclist can either be considered a pedestrian, a motorist, or a hybrid of the two.
While a bicycle may not be considered a vehicle, bicyclists often have the same responsibilities as motorists and must abide by traffic rules as if they were driving a vehicle.
The confusing subject matter has led to individual states adopting specific laws for cyclists. For example, in California, while pedestrians are allowed to stop in crosswalks, bicyclists are not.
What Is the Right of Way?
The right of way is considered as a pedestrian or vehicle’s right to proceed.
Many laws and vehicle codes, including California Vehicle Code 21950, refer to “yielding your right-of-way” or letting the other person proceed before you.
Conflicting notions of right of way can cause car accidents and, even worse, pedestrian accidents.
Do Pedestrians Always Have the Right of Way?
For the most part, pedestrians always have the right of way in marked or unmarked crosswalks and on the sidewalk. However, there are certain exceptions to the rule, such as in Los Angeles and other California cities, where pedestrians do not always possess the right of way.
According to California Vehicle Code section 21950, a pedestrian is not allowed to walk in the path of a vehicle or pose themselves as an immediate hazard, even while in a crosswalk.
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Can Pedestrians Ever Be at Fault During a Pedestrian Car Accident?
There’s a common misconception that pedestrians always have the right of way, which means they can never be held responsible for a pedestrian car accident. However, that’s not true in all instances.
There are exceptions where the pedestrian can be at fault for the accident, such as:
- Jaywalking or ignoring traffic signals
- Walking along non-pedestrian-prohibited locations like highways or bridges
- Entering a street while intoxicated
- Intentionally posing an immediate hazard
Even if the pedestrian is at fault, both parties might share the blame due to Comparative Negligence. Never assume you are at fault if you’ve been struck by a vehicle. Pedestrian laws and the rules of right of way can be complex. There may also be other factors that play a role. Working with a personal injury lawyer is the best way to determine fault.
What Is Comparative Negligence In a Pedestrian Accident?
Comparative negligence occurs when both the driver and the pedestrian share the fault for the accident. For instance, if a driver is speeding but an intoxicated individual darts in front of the car outside of a crosswalk, both parties are at fault.
What Are the Main Causes of Pedestrian Accidents?
Pedestrian accidents can be caused in a multitude of ways, the most common being:
- Distracted Driving: Operation of a vehicle while using a mobile phone or electronic device
- Crosswalk Accidents: Failure to yield to a pedestrian using a crosswalk
- Reckless Driving: Speeding, ignoring traffic signals, or failure to yield
- Driving While Intoxicated: Driving while under the influence of alcohol or drugs
- Unsafe Conditions: Hazards such as unrepaired potholes, poorly maintained sidewalks, or any other unsafe conditions on the premises
- Left-Hand Turns: Turning into traffic and often speeding through crosswalks
- Backing-Up Accidents: Accidents involving backing out or in, most commonly found in parking lots
Injuries Associated with Pedestrian Accidents
Accidents can have a wide range of outcomes depending on a handful of variables, such as car speed, vehicle type, and the age of the pedestrian accident victim.
Statistically, pedestrian accident victims are most likely to suffer injuries in the form of:
- Abrasions, contusions, and lacerations
- Torn and sprained ligaments
- Fractured and broken bones
- Brain injury
- Spinal cord injury
Wilshire Law Firm was recognized by TopVerdict.com for having the Number 1 Pedestrian Accident Settlement for Single-Plaintiff Cases in the U.S. in 2019.
If you’re the victim of a pedestrian accident and suffer from any of the following injuries, contact our knowledgeable team of pedestrian accident attorneys at Wilshire Law Firm for a free consultation at (213) 335-2402. In addition to Los Angeles, we have law offices throughout California.
How Severe Are Injuries of Pedestrians Involved in Motor Vehicle Crashes?
Pedestrian motor vehicle accidents can range in severity from as little as a scratch to as serious as death. There are extra variables that can dramatically impact the severity of the accident.
According to the CDC’s Pedestrian Safety Data, nearly half (47%) of all pedestrian accidents that resulted in death involved alcohol consumption by the pedestrian and/or the driver.
Additionally, catastrophic injuries such as damage to the spine, skull, and spinal cord have been recorded as a result of pedestrian accidents.
Where Do Most Pedestrian Accidents Occur?
Pedestrian accidents can occur almost anywhere that involves cars and on-foot traffic. These locales are more typically found in urban areas rather than rural areas.
85% of pedestrian accident fatalities occur in urban locations, most likely due to the clashing of motor vehicles and on-foot traffic in densely populated areas, per The Department of Transportation.
When Do Most Pedestrian Accidents Occur?
Pedestrian accidents are most likely to occur between the hours of 6 p.m. and midnight, with about 3,788 pedestrians fatally struck by motor vehicles in one recent year, according to IIHS.
Conversely, the fewest pedestrian accidents occur between 6 a.m. and noon, with approximately 922 deaths recorded recently.
Interstate Freeway Pedestrian Accidents
While pedestrian auto accidents are most commonly experienced on the street or in crosswalks, highway pedestrian accidents also take up a portion of the total annual pedestrian accidents.
People leave their cars after a freeway car accident for various reasons. This poses many hazards for oncoming traffic, which may not be fully aware of the situation.
Highway pedestrian accidents occur when:
- Tending to a Crash: Highway accident victims leaving their vehicle to exchange insurance information
- Standing or Walking on Shoulder: Abandoning a car to exit the interstate
- Pushing a Vehicle: Pushing a stalled vehicle off of the interstate
- Hitchhiking / Soliciting: Standing on the shoulder flagging down vehicles
- Fixing a Vehicle: Changing a flat tire on the side of the road
Hit and Run Accidents Involving Pedestrians
Pedestrian accidents are serious matters, but if the car that hit you has fled the scene, the situation becomes much more severe. It is a criminal offense to flee the scene of a car accident if it causes property damage or bodily harm.
Fatal hit-and-run accidents account for over 1,290 deaths a year, per AAA. If you’ve been involved in this type of accident, our hit-and-run accident lawyers can help.
What Is The Most Common Injury For Pedestrians?
What Should I Do If I Was Hit by a Car in Los Angeles?
As we’ve seen, Los Angeles sees several pedestrian accidents every year that result in major injuries and sometimes even fatal injuries. If a negligent driver injured you, there are several steps you should take to ensure you receive the care and compensation you need to recover.
After you have received medical attention for your pedestrian crash injuries, your next priority should be to preserve evidence from the accident scene. Request a copy of the accident report from the Los Angeles Police Department (LAPD) or the California Highway Patrol (CHP).
If you, a friend, or a relative are able to, photograph the location, collect witness information, and gather all medical records and expenses documenting your injuries and treatments. These details are important for documenting the accident and demonstrating the extent of your damages.
Even if you were unable to gather evidence from the accident scene, an experienced lawyer can help you. They can strengthen your claim by collecting additional evidence, such as traffic camera footage and surveillance videos, and interviewing key witnesses. They can also reconstruct the accident scene to show exactly how the incident occurred and who should be held liable.
With professional legal support, you will have someone to advocate on your behalf, communicate and negotiate with insurance companies, and ensure your claim meets all legal deadlines. By taking these steps after your initial recovery, you position yourself for the best possible outcome in pursuing the compensation you deserve.
Get a Free Consultation for Your Pedestrian Accident
Regardless of what type of pedestrian accident you were involved in, we can help you fight for the maximum compensation you deserve. We work on a contingency fee basis, meaning you pay no fees unless we win your case. Our legal team is standing by 24/7 to assist you. For immediate assistance, give us a call at (213) 335-2402 or fill out our online form for a FREE consultation.
