Contact the top-rated Buena Park pedestrian accident lawyers of Bisnar Chase for a free case review if you have been struck by a vehicle and suffered an injury.
Pedestrian accidents can result in devastating, life-changing, and even fatal injuries. Medical bills can pile up, and victims can be out of work for months. Our law firm in Orange County has more than 45 years of experience winning personal injury cases. We have secured millions of dollars in compensation for injury victims and may be able to help you too.
The law group of Bisnar Chase also operates on a contingency fee basis, which means that you do not owe us anything unless we win your case. Contact one of our top-notch pedestrian accident attorneys in Buena Park to explore your legal rights and options.
Buena Park Pedestrian Accident Resources
What You Need To Do After You Have Been Hit By a Car
By law, pedestrians have the right away. Some crashes involving pedestrians might involve criminal charges. For example, if a pedestrian accident occurs in a crosswalk with severe outcomes, leaving the victim with serious injuries or resulting in a fatality, the at-fault driver may be charged.
But victims and their families may also be able to file a civil lawsuit against the culprit to recover compensation. This could cover things like medical expenses and lost wages and compensate you for your pain and suffering.
The legal system can be confusing, but Bisnar Chase is here to help you navigate the legal process after your accident to ensure you get the justice you deserve.
After a pedestrian accident, you need to:
- Seek medical help immediately: People who are hit crossing the street can suffer from serious injuries such as broken bones and traumatic brain injuries. Do not move the pedestrian if you are not a medical professional. Moving the pedestrian can do more harm to their body. An ambulance should be called as soon as possible so that the victim can receive proper medical attention.
- Make a pedestrian accident claim: After you have sought medical attention, you need to call your insurance company. Upon your call, provide your insurance company with your statement, photos of your injuries, and the other driver’s information.
- Contact an Orange County injury attorney: A lawyer with many years of experience handling these types of personal injury cases will significantly understand how much you should receive for your accident. The accident attorney will also have a solid legal and investigative team to ensure every detail of your case is documented.
Buena Park Pedestrian Accident Cases
Pedestrian accidents can happen in a number of ways. These include:
- The victim is hit while crossing the road, either in a crosswalk or an unprotected area.
- A collision occurs in a pedestrian-only area, such as the sidewalk.
Many crashes involving pedestrians happen because the driver is distracted or not paying attention. Others can occur when the driver loses control of their vehicle, and some involve the driver being under the influence of drugs or alcohol. In many instances, pedestrian injuries are usually caused by extreme driver negligence.
Buena Park has had many incidents involving pedestrians being struck down while crossing the road. One of these occurrences involved a person driving under the influence of marijuana. The OC Register reported that a 51-year-old man had been found unconscious after he was hit by a motor vehicle while crossing Western Avenue and Jackson Way.
Some of these pedestrians suffer from more than just minor injuries, though. Many who are struck by a car while crossing the road can also die. Buena Park resident Esteban Valdovinoz-Diaz died at 28 due to being hit by a drunk driver. Buena Park police on the scene said that “An unidentified 44-year-old man behind the wheel of the car was detained for possibly driving under the influence of drugs, but was released without being booked.”
If you or someone you know has been hit while crossing the road call the police and seek medical attention immediately. Contact our pedestrian accident attorneys in Buena Park for a free consultation.
Filing a Pedestrian Accident Claim
If you have been injured in a pedestrian accident in California, you may be able to file a personal injury claim. To file a claim, you must prove that the driver was negligent or reckless in causing the accident. You will need to show that the driver owed you a duty of care, breached that duty of care and that the breach was a substantial factor in causing your injury or a death.
You may be able to seek compensation for your medical bills, lost wages, and pain and suffering. If unsure who is responsible for the accident, you should speak to a Buena Park pedestrian injury lawyer. They can help you determine who may be liable and help you build a case to get the compensation you deserve.
California Pedestrian Accident Statistics
California is one of the most dangerous states for pedestrians. A report issued by the Governors Highway Safety Association stated that in California alone, around 6,000 pedestrians were hit and killed by motor vehicles over the course of a year. Experts say that the main reasons why there has been an increase in crosswalk accidents are marijuana usage and distracted driving.
Executive Director Jonathan Adkins said, “Two consecutive years of 6,000 pedestrian deaths is a red flag for all of us in the traffic safety community. These high levels are no longer a blip but, unfortunately, a sustained trend. We can’t afford to let this be the new normal.”
Federal Law & Pedestrians
California Vehicle Code section 21950 grants pedestrians the right of way in a crosswalk or intersection. The law states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or any unmarked crosswalk at an intersection.”
The exact section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk “shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”
This means motorists must yield the right of way to pedestrians legally crossing the road in a marked crosswalk or an unmarked crosswalk at an intersection. Drivers who fail to yield the right of way to pedestrians legally crossing the roadway may be cited or criminally charged. They can also be financially responsible for the pedestrian’s injuries and losses.
Many right-of-way laws can affect the safety of nearby pedestrians. Under California Code 21663, car drivers must not operate a vehicle on the sidewalk. California Vehicle Code 22517 requires all motorists to look for pedestrians, bicyclists, and motorists before opening their doors. According to California Vehicle Code 22106, motorists may only back up when it is safe to do so.
One way to decrease your chances of being involved in a pedestrian accident is to understand California laws and local laws relating to pedestrians.
Accountability for a Pedestrian Incident
It is common for pedestrian accidents to occur as the result of someone stepping into traffic or crossing where there is no crosswalk. Car drivers are less likely to look out for pedestrians where pedestrians are not supposed to cross the road. However, that does not mean drivers are excused from exercising due care where there is no crosswalk.
Motorists have an obligation to keep pedestrians on the road safe, even when they are crossing unexpectedly and in unsafe areas. Although liability for a pedestrian collision usually falls on the driver that hits the walker, there are cases where a pedestrian is at fault. They could still file a personal injury claim if the pedestrian were at fault.
If both parties were responsible for an accident, then both can file a comparative negligence claim. Comparative negligence allows two people who have been involved in an accident the ability to pursue compensation for damages.
Pedestrian Accidents in California Parking Lots
Pedestrian accidents in parking lots in California are all too common, resulting in serious injury and even death. Poor lighting, narrow lanes, and a lack of posted speed limits can all contribute to the danger.
Drivers may be distracted, in a hurry, or simply not paying attention, resulting in collisions with pedestrians in hundreds of parking lots throughout California. The National Highway Traffic Safety Administration reports that over 5,000 injuries in one year alone were due to parking lot accidents, with 22% of those involving children between the ages of 5 and 9.
To prevent such accidents, drivers should obey all posted signs, pay attention to pedestrians, travel slowly, and use their headlights at night. People tend to disobey basic traffic safety laws when in a parking lot, and many do not come to a full stop creating a danger to anyone walking. Pedestrians should use marked walkways and avoid using cell phones while walking. These steps can help prevent the many pedestrian accidents in parking lots throughout California.
The Danger of Cell Phones and Pedestrians
Using mobile phones while walking can be extremely dangerous for pedestrians, especially in high-traffic areas in California. Studies have found that pedestrians distracted by talking on their cell phones while crossing the street have a significantly higher risk of getting into an accident, getting injured, or even dying.
This is because when people are on their phones, they are less likely to look at traffic before crossing, wait for traffic to stop, look at traffic while crossing or walk briskly and not paying attention. Furthermore, the cognitive processing needed to make a safe street-crossing decision is hindered when using a cell phone and can become less effective.
Pedestrians using cell phones are more likely to change directions frequently and be less aware of their surroundings.
A study conducted by researchers connected to Ohio State University shows that pedestrian cell phone-related injuries have more than doubled since 2005. Additionally, a 2012 study in the journal Injury Prevention found that nearly one-third of pedestrians were at 20 high-risk intersections in Seattle were observed using their phones while crossing the street.
Dangers of Cyclists vs. Pedestrian Accidents
Pedestrians face a variety of dangers when sharing the road with cyclists. Reckless or impatient cyclists can cause serious accidents due to their lack of attention or disregard for the safety of those walking.
Cyclists may not always be aware of the rules of the road, such as obeying traffic signals, yielding to pedestrians, and using proper lighting while riding at night.
In California, bicycle riders no longer have to stop at a stop sign, and many injuries result from mowing down a person walking through a stop sign.
This lack of care while riding can lead to a collision between cyclists and pedestrians resulting in property damage, personal injury, or even death.
Pedestrians must also exercise their duty of care, walking in designated areas, using marked crossroads, and obeying traffic signals at intersections. As pedestrians, it is also important to be aware of your surroundings and be mindful of cyclists.
The Dangers of JayWalking In California
Jaywalking in any state is dangerous and can result in serious injury or death, but it’s increasingly dangerous in congested California cities.
When jaywalking, pedestrians cross outside of crosswalks, designated areas for pedestrians to cross the street safely. Without the protection of a crosswalk, they are at risk of being hit by oncoming traffic and suffering serious injury.
Jaywalking can also increase the risk of accidents, as drivers may not expect pedestrians to cross the street at an unexpected location. Additionally, jaywalking puts pedestrians in serious danger due to their lack of visibility. Without marked crosswalks, they are not as easily seen by drivers, increasing the risk of being hit by a vehicle, motorcycle, or cyclist.
According to the National Highway Traffic Safety Administration, in 2018, there were 5,977 pedestrians killed in crashes involving motor vehicles in the United States. That is an average of one pedestrian death every 88 minutes. Jaywalking-related crashes accounted for 8.5% of all pedestrian fatalities in 2018.
Contact Our Experienced Buena Park Pedestrian Accident Lawyers
For over 45 years, Bisnar Chase’s pedestrian accident attorneys in Orange County have been fighting for the rights of those who suffer injuries due to the negligence of others. Our firm has a 99% success rate and has recovered more than $800 million for our clients.
We believe in offering superior representation with a personal touch. We allow you to focus on your recovery while we take care of your legal claim and maximize the value of your case.
Many insurance companies purposely move slowly in the claims process and often do not provide an offer that will cover all the damages you have faced. Do not accept a lowball offer. Work with Bisnar Chase to make sure you get the justice you deserve.
If you or a loved one have been injured in a pedestrian crash in or around Buena Park, contact our personal injury lawyers at 949-203-3814 for a free consultation.
