Tragically, California has one of the highest rates of pedestrian deaths in the country. Many factors are responsible for this trend. Texting and cellphone use—and, more generally, driver inattention and distraction—play a big role in pedestrian accidents, as does driving under the influence. Many pedestrian accidents also happen at night, when it’s harder for drivers to see and spot people crossing the street or exiting their vehicles on the side of the road. Collisions involving pedestrians can result in devastating injuries, some life-threatening or fatal. The pedestrian may be entitled to damages for his or her physical injuries, emotional distress, lost wages, medical expenses, and pain and suffering.
Even if the collision occurred because the pedestrian crossed an unmarked portion of the street (i.e., “jaywalked”), the driver may still be liable. The mere fact that the pedestrian crossed the street illegally does not necessarily preclude the pedestrian from bringing a claim against the driver—and by extension, the driver’s insurer—if the driver failed to take reasonable steps to avoid hitting the pedestrian. The driver’s liability will ultimately depend upon his or her speed, attentiveness, and compliance (or lack thereof) with traffic laws at the time of the incident. The attorneys at Torero Law excel at pursue and litigating claims on behalf of pedestrian accident victims. If you were involved in accident as a pedestrian, call our office immediately so that we can seek compensation for you right away.
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