Monterey Pedestrian Accident Lawyers
Pedestrian fatalities have risen sharply over the last ten years. Although the reasons aren’t clear, cell phones and their social media apps appear to be a likely reason, increasing the frequency and intensity of distracted driving and possibly distracted walking as well. The National Highway Traffic Safety Administration ranked California as the 11th most dangerous state for pedestrian deaths in 2020, with 986 pedestrians killed. In Monterey, nine pedestrians lost their lives that year after being struck by a vehicle.
The Allen Law Firm helps people injured by the negligence of another recover compensation to help with their medical bills and pain and suffering. Our compassionate legal team is committed to helping you get the very best medical care and compensation that suits your injury. If you were hit by a car in Monterey, Santa Cruz or Salinas, or if a negligent pedestrian forced you into a crash that caused you injury, contact our experienced lawyer for a free consultation.
California Pedestrian Traffic Safety Laws
In California, pedestrians are defined as people walking on foot as well as those using rollerblades, skateboards, or similar devices. A person with a disability in a wheelchair or using a device such as a tricycle or quadricycle is also considered a pedestrian under the law. Bicyclists are not considered to be pedestrians, however.
California grants pedestrians the right-of-way in a crosswalk. This includes marked crosswalks in the middle of the street, as well as crossings at intersections and street corners, regardless of whether the crosswalk is marked or not. The duty of drivers at a crosswalk is to slow down, stop while a pedestrian is crossing, and stay stopped until the pedestrian is safely across. This requirement applies even if the pedestrian is a young child, an elderly person, or a person with a disability who might need extra time to cross the street.
It is also unlawful to pass a vehicle that is stopped at a crosswalk. The reason is that the vehicle has likely stopped to allow a pedestrian to cross, and the passing vehicle could strike the pedestrian without seeing them first. It is likewise illegal for a car to stop in a crosswalk, as this could force pedestrians to walk outside the crosswalk and risk getting hit by another vehicle. Vehicles entering or exiting a driveway or alleyway should also watch out for pedestrians on the sidewalk and yield the right-of-way.
Pedestrians, for their part, must also obey the rules of the road. This means that pedestrians should not cross against the traffic signal. Pedestrians should also use caution when crossing the street, including looking both ways and not darting out suddenly into traffic. Pedestrians should not stop walking while in a crosswalk or otherwise take longer than necessary to cross.
Proving Negligence in a Monterey Pedestrian Accident
Proving who was at fault in a pedestrian accident can be challenging, especially when both parties are pointing the finger at the other. If either party violated the rules of the road as described above, they might be considered “negligent per se.” The rules discussed above are California state laws, found in section 21950 of the California Vehicle Code. People who violate the law can be guilty of a misdemeanor traffic violation or even a felony such as vehicular manslaughter. When people who violate a traffic safety law cause an injury that the law was intended to prevent, they can be considered “negligent per se,” meaning the other party doesn’t have to bring in other evidence to prove the person was negligent. Their violation of the law goes a long way toward establishing their fault in causing the accident.
Depending on the circumstances, proving fault in a pedestrian accident case might be simple or complex. If both parties are at fault, California’s comparative negligence law allows the injured party to recover compensation from the other party in proportion to that party’s negligence; the injured victim’s own negligence will reduce their award proportionately. It’s important to retain an experienced and successful injury attorney who knows how to build and present a case that proves the other party’s fault, the full extent of your damages, and who can keep you from being unfairly held responsible for an accident that was the other party’s fault.
What is the Most Common Reason for Pedestrian Accidents?
Many pedestrian accidents are caused by the negligence or inattentiveness of a driver in a motor vehicle. Because of the lack of protection and force of a vehicle, the pedestrians in these accidents almost always endure far more catastrophic injuries and higher rates of death. The injuries caused by an accident involving a pedestrian and a vehicle often require years of medical treatment, rehabilitation, and care. In many situations, injuries are permanent and mandate around the clock treatment or help with disabilities that will endure for the rest of the victim’s life.
When it comes to pedestrian accidents involving motor vehicles, some of the most common causes of the accidents include:
Unmarked crosswalks
Most pedestrian accidents occur in the daytime when many people are walking around. When crossing the street on an unmarked crosswalk, many drivers are not paying attention to who might be trying to cross the street.
Alcohol use
Driving under the influence slows reaction time and cognitive abilities. DUIs account for many accidents that impact pedestrians because people walking expect all drivers to be sober and driving safely.
Distracted driving
Driving while texting, using a GPS, fiddling with the radio, or trying to calm children in the backseat. All of these things contribute to distracted driving and cause many accidents with pedestrians in California.
Left-hand turns
Pedestrian accidents happen more often during left-hand turns with vehicles because the chances are that the pedestrian and driver are looking in different directions. In addition, a person can easily disappear in a driver’s blind spot when making a left turn. Always make sure to double-check both ways before crossing a street.
Quiet vehicles
With the advent of more electric vehicles, quiet vehicles are causing more and more accidents with pedestrians on the roads. Pedestrians no longer have the additional cue of a car motor to indicate that a vehicle is coming, especially if the car is coming around a turn or over a hilly landscape
Arterial roads
These roads help vehicles get on and off the freeway, but they are often busy roads for buses and pedestrian traffic. The majority of all urban pedestrian accidents nationwide occur on arterial roads.
Pedestrian Safety: What You Can Do To Protect Yourself In Monterey
Many residents enjoy walking, whether it involves a leisurely stroll through local neighborhoods, running errands at shops and boutiques, or as an efficient, cost-effective means of getting to work or school. However, roads throughout the area are heavily traveled, and, even when sticking to sidewalks, the amount of traffic poses serious risks.
According to the California Office of Traffic Safety (OTS), more than 100 people are killed or injured due to pedestrian accidents in Monterey County each year. Reckless behavior on the part of motorists is often to blame. This includes:
- Speeding and going too fast for conditions;
- Running red lights and stop signs;
- Failing to yield at crosswalks;
- Distracted driving;
- Driving under the influence.
Reduce The Odds of Being A Victim
People out walking have little to protect them against motor vehicles. As a result, personal injuries suffered due to pedestrian accidents in Monterey are often severe. While the Centers for Disease Control and Prevention (CDC) reports that children and older adults are among those at risk, it is important to pedestrians of all ages to take certain precautions. To reduce your odds of being a victim, follow these tips:
- When heading out for a walk, wear light, bright colors;
- Pick areas with minimal traffic and sidewalks, avoiding busy freeways;
- Pay attention at all times and never assume drivers see you or will stop;
- Avoid using earbuds, which could cause you not to notice signs of an imminent crash;
- Be particularly cautious when walking at night, which is when pedestrian accidents in Monterey are most common;
- Avoid walking if you have had any amount to drink or are under the influence of recreational drugs or medications;
- Only cross at designated intersections and be sure both directions are clear before entering the road.
Pedestrian Accident Settlements Case Study ($100,000.00 – Insurance Policy Limit)
In late 2016, a Monterey woman was walking home from a grocery store. She was crossing an intersection, in the crosswalk. The white pedestrian “walk” signal was lit, telling the woman it was safe to cross the street. A man driving a white pick-up truck approached the intersection. The light was red but the driver was in a hurry; so without ever looking to his right, the driver attempted to make a right turn. The front of his truck struck the pedestrian squarely on her left side. The force of the impact knocked the woman to the ground. The woman hit her head on the pavement and immediately lost consciousness.
The injured woman was hurried by ambulance to a Monterey County trauma hospital, where she was evaluated and treated for injuries to her head (concussion), neck, leg and back. Since the incident occurred, the woman has continued to suffer serious lingering health problems, including excruciating pain in her head and neck, memory problems and seizures due to her head injuries.
The injured woman hired our firm’s personal injury attorney, Scott Allen. Our lawyer contacted the truck driver’s insurance company, and convinced the insurer to pay the maximum amount of money available under the insurance policy, namely $100,000.00, to compensate our client for her medical bills, pain and suffering and emotional distress. Not satisfied that this settlement fully compensates our client for her injuries, our legal team is preparing to make a claim to recover additional compensation from our client’s underinsured motorist insurance (part of the client’s own car insurance policy).
The Allen Law Firm represents clients who suffer injuries or lose loved ones due to the negligence or otherwise wrongful conduct of third parties. We handle personal injury and wrongful death cases including car accidents, truck accidents, pedestrian accidents, dog bites, bicycle accidents and slip and fall accidents.
Contact the Allen Law Firm Today
At the Allen Law Firm, you’ll find an attorney with over 20 years of experience representing clients and resolving disputes inside and outside of court with a long record of success. We take injury cases on a contingency basis, where we only charge a fee based on our success in winning your case. We invest in you because we believe in you and the merits of your case, and we’ll work hard to get you the best result. Contact our Monterey pedestrian accident lawyer today.
