Skilled Pedestrian Accident Attorney in San Bernardino, California
Pedestrian accidents typically cause long-term challenges. With the support of a qualified attorney, financial compensation can be obtained to alleviate these challenges.
Every year, thousands of people are seriously injured or fatally wounded when they are struck by vehicles on roadways across the nation. According to data released by the National Highway Traffic Safety Administration over 6,000 pedestrians were tragically killed in traffic accidents in the United States in 2018. This was the highest number of reported deaths since 1990. In 2017 alone, more than 100,000 pedestrians received emergency medical treatment for non-fatal injuries. Compared to passenger vehicle occupants, pedestrians are 1.5 times more likely to be killed in traffic accidents.
When a person is struck by a vehicle, the injury can result in life-long physical pain and disability, long-term emotional trauma, and unwavering economic hardship. The State of California recognizes the adverse consequences a pedestrian accident can have. As a result, when an accident is caused by a driver’s intentional wrongdoing or negligent actions, the injured pedestrian has the legal right to pursue financial compensation for his or her injuries.
A Qualified Personal Injury Litigator Can Help
Pedestrian accidents rarely result in minor injuries. Generally, struck victims suffer injuries that can take a long time to heal. Consequently, pedestrian accident injuries are usually expensive, as victims are also left with the inability to return to work while in recovery. After a pedestrian accident, one of the last things an injured person would want is to enter into litigation. Fortunately, injured pedestrians do not have to face legal challenges alone. With the support of a qualified attorney, it may be possible to obtain much needed financial compensation.
The Law Offices of Attorney Justin H. King is an award-winning law firm with many years of dedicated experience handling pedestrian accident cases. Following a traffic accident as serious as a pedestrian accident, obtaining financial compensation can make a significant impact on the ability to heal quickly. If you were struck by a vehicle, consider obtaining the support of the Law Offices of Attorney Justin H. King. Contact Attorney King today for a free initial consultation.
California Faces Serious Issues in Pedestrian Safety
A 2019 report published by the Governors Highway Safety Association states that pedestrian fatalities have grown sharply in recent years. During a 10-year period, from 2009 to 2018, the number of fatalities increased by over 50 percent. By comparison, all other traffic accident deaths increased by only 2 percent.
Five states, including California, accounted for nearly half of all pedestrian fatalities in the country. In the first six months of 2019, the State of California had the highest number of pedestrian fatalities in the country, with 519 reported fatalities. California was followed by the State of Florida with 368 reported pedestrian fatalities.
The problem of fatal pedestrian accidents in California is a concern that is only increasing with time. The California Office of Traffic Safety has published the following data concerning pedestrian accidents in the state: Between 2009 and 2018, nearly 7,500 pedestrians died in California. The state’s pedestrian fatality rate is nearly 25 percent higher than the national average. In 2018 alone, almost 900 pedestrians were fatally wounded on California roadways and approximately 14,000 others were injured. There is no other state in the nation with more pedestrian fatalities on its roadways than the State of California.
Pedestrian accidents are regrettably a far too common occurrence in California. Although there are many risk factors that can lead to the high rates of pedestrian fatality cases in California, the reality is that pedestrians in the state are disproportionately vulnerable to the dangers of the road.
Understanding the Risk Factors Associated With Pedestrian Accident Rates
Many factors contribute to high pedestrian accident rates. The aforementioned report published by the Governors Highway Safety Administration highlights the following factors as being outside of the control of state and local traffic safety officials, which lead to the number of pedestrian fatalities each year: Economic conditions, Demographic changes, Population growth, Weather changes, Vehicle miles traveled, Fuel prices, The amount of time people spend walking, and Changing patterns in drug use, including the decriminalization of certain drugs.
Additional risk factors are discussed by the Centers for Disease Control and Prevention: About half of all pedestrian fatalities involved intoxication from either the driver or the pedestrian. People over the age of 65 accounts for about 20 percent of all pedestrian deaths. In 2017, one in every five children under 15 who were killed in a traffic accident was a pedestrian. When a vehicle is speeding, there is a higher likelihood that the pedestrian will be fatally injured. A vast majority of pedestrian fatalities take place in urban areas and at non-intersections. Most pedestrian fatalities also occur during night hours.
Establishing Fault After a Pedestrian Accident
In California, drivers are legally responsible for operating their vehicle in a reasonably responsible manner, as to avoid the injury of themselves and others they share the road with. This responsibility is referred to as a standard of care, and when this standard of care is violated, the negligent driver can be held accountable for the damages caused by their negligent behavior.
Based on the state’s personal injury laws, injured pedestrians have a legal right to seek compensation when the accident that caused their injury was caused as a result of someone else’s negligence. To successfully obtain compensation from the at-fault party, the victim will need to demonstrate the following elements:
- The motorist owed the pedestrian a duty of care;
- The motorist violated the duty of care as a result of his or her negligence (typically a violation of a traffic law); and
- The negligence resulted in the pedestrian’s injuries.
Available Damages Following a Catastrophic Pedestrian Accident
Once the fault has been established, pedestrians can seek monetary compensation for the damages incurred from the accident. Available damages in pedestrian accidents are similar to those available in other personal injury accidents, including, but not limited to: Medical expenses, Temporary or permanent disability, Unemployment, Pain and suffering, Loss of quality of life, and Emotional trauma.
Coping with the injuries sustained from a pedestrian accident can be difficult. In many cases, victims develop serious mental health disorders, such as post-traumatic stress disorder, stress, anxiety, and/or insomnia. Even when the accident does not result in serious physical injuries, the trauma caused by the experience can have long-term consequences.
Depending on the severity of the trauma, a victim may require long-term psychological support and could be temporarily disabled. These psychological consequences could take many months or even years of medical care and therapy to overcome. Filing a civil case against the negligent driver can provide the injured victim the compensation needed to pay for counseling services and other medical treatment required after the accident.
Talk to a Skilled Pedestrian Accident Attorney Today
Pedestrian accidents are occurring at alarming rates throughout California. Each year, these accidents affect thousands of pedestrians and their families. When a reckless driver injures a person walking, jogging, or running on the street, the driver can be held accountable for the damages caused to the victim. If you or someone you know has been struck by a vehicle, take swift action and obtain the support of a skilled pedestrian accident attorney. An experienced attorney will assist in gathering crucial evidence, help establish fault, and pursue the highest amount of compensation available.
The Law Offices of Attorney Justin H. King are dedicated to the pursuit of justice on behalf of victims of pedestrian accidents. For many years, the firm has achieved remarkable success on behalf of their clients, consistently helping them secure maximum compensation. Attorney King understands that after a pedestrian accident, most victims will face challenges such as mounting medical expenses, emotional trauma, and financial distress. If you were injured in a pedestrian accident, obtain the legal support of an attorney you can depend on – consider scheduling a free initial consultation with the Law Offices of Attorney Justin H. King today.