The issue of pedestrians being killed or severely injured on California roadways is a serious and escalating concern. What’s more, there has been an increase in the number of individuals walking instead of driving throughout the Golden State for various reasons, including commuting to work or school, enjoying recreational activities, exercising, and more.
Of course, drivers and pedestrians need to be aware of how to avoid accidents in high-traffic areas, and it’s additionally important that pedestrians also understand their legal rights. If you’ve been hurt in a pedestrian accident in Costa Mesa or other parts of Orange County, reach out to the legal team at Beckerman Anderson after reading this post to explore your legal options in the aftermath.
Frequency of Pedestrian Accidents in California
The California Office of Traffic Safety has reported that the pedestrian fatality rate in California is nearly 25% higher than the national average, with more pedestrian fatalities on our state’s roadways than in any other state. Not only does California have the largest population in the country, but it also tops the country in pedestrian traffic deaths. Compared to the national average of 1.04 pedestrian fatalities per 100,000 people, California’s pedestrian mortality rate of 1.29 deaths per 100,000 people is far higher.
Most Californians are choosing to walk instead of driving to commute to work, school, or merely to appreciate the great outdoors. Regrettably, a simple walk down the street has become much more hazardous over the last several decades. And oftentimes, a pedestrian’s safety is contingent upon their own actions.
Pedestrian Right-of-Way in California
In some circumstances, pedestrians are granted the right-of-way and are entitled to certain privileges. Generally, pedestrians have the right of way while crossing at unmarked intersections or designated crosswalks. In certain situations, drivers are legally required to yield to pedestrians.
Motorists have a duty of care in California to drive carefully when operating their vehicles. Thus, if they fail to perform this duty or obligation and cause a pedestrian accident, they can be held accountable for any injuries that result from their carelessness. Distracted driving, speeding, running red signals, failing to yield, and drunk driving are examples of common types of motorist negligence leading to these incidents. That said, due to California’s application of the comparative negligence rule, drivers and pedestrians may share some liability for an accident. If a pedestrian’s activities cause the accident, their compensation may be lowered in proportion to their degree of responsibility.
How to Avoid Pedestrian Accidents
Pedestrians can take a number of actions to protect themselves while walking along our roadways. First and foremost, never presume that any driver behind the wheel of any vehicle will honor your right of way. From there, the following are a few of the most important safety measures to keep in mind as a pedestrian in the Golden State:
- Ensure you are always crossing streets at the designated crosswalks. Drivers are advised to reduce their speed because passengers may be crossing at a crosswalk.
- That said, ensure you still look both ways down the street when crossing at a crosswalk or walking across a parking lot.
- Do not presume that a driver will see you, even if you have the right of way. Prior to crossing, establish eye contact with any waiting motorists so that you know they are aware of your presence.
- When walking at night, wear a reflector, use a flashlight, or wear colorful clothing to ensure you are visible to oncoming vehicles.
- Refrain from using your phone while crossing the road or strolling along the side of the road.
- Utilize footpaths and walkways whenever possible. If they are unavailable, walk toward oncoming traffic, stay close to the road’s edge, or walk in grassy areas.
- Monitor intersections for traffic signals and drivers that are in the process of turning.
- Try to walk in well-lit areas at night.
- Avoid consuming alcohol while walking in high-traffic areas.
That said, pedestrian safety is a reciprocal relationship. To maximize the safety of our roadways, pedestrians and motorists must prioritize safety. After all, the last thing victims want to do is navigate the legal system after a collision. Dealing with insurance companies and navigating the legal system is generally difficult and intimidating.
Furthermore, establishing accident fault or culpability in crashes involving more than one driver or pedestrian is typically fairly challenging. Several drivers may have contributed to a collision, one or more of the pedestrians may share liability, and insurance companies sometimes seek to transfer or unload responsibility to avoid paying an accident settlement.
Call an Orange County Pedestrian Accident Lawyer
A number of individuals jog, stroll, ride bikes, or skateboard for fun and transit all along our roads across California and Orange County. Unfortunately, there are clear and serious dangers associated with enjoying our streets as pedestrians. Hundreds of Californian pedestrians suffer injuries or die in these collisions each year.
If you or a loved one has been involved in a pedestrian accident, do not hesitate to seek compassionate, caring counsel from the experienced Costa Mesa pedestrian crash attorneys at the Beckerman Anderson Law Firm to safeguard your legal interests. Depending on the circumstances surrounding your accident, you may be entitled to compensation for medical bills, property damage, lost wages, and pain and suffering following a crash, so speak with our legal team as soon as you possibly can to see how we can help you.
With our background defending the rights of those injured by the carelessness and negligence of motorists on our roads, our team at Beckerman Anderson will stop at nothing to stand up for you and yours. Don’t wait another minute to secure justice and receive the compensation you are entitled to if you have been hurt in a crash that occurred through no fault of your own.
Reach out to our committed pedestrian accident attorneys in Costa Mesa by calling 949-474-2254 to schedule your free first consultation and review of your accident claim. Don’t attempt to navigate the aftermath of a pedestrian accident on your own. Our attorneys at Beckerman Anderson are here to secure justice for you and yours after you’ve suffered injuries and other damages through no fault of your own.