SANTA CLARITA PEDESTRIAN ACCIDENT ATTORNEY

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​Santa Clarita, CA pedestrian accident attorney Robert Mansour can help you if you've been injured as a pedestrian.  Being involved in an accident as a pedestrian can be a very scary and traumatic event. Pedestrians can get seriously injured or even killed if there is an auto accident. About 20% of all traffic fatalities involve pedestrians.  

They are the most vulnerable group.  They typically are not wearing protective gear of any sort because they are not planning on getting hit.  California has many laws in place designed to protect pedestrians.  For example, vehicles must yield the right of way to a pedestrian crossing the street.  If other cars are stopped, that should be a clue that a pedestrian might be crossing.  As a general rule, while pedestrians are certainly subject to traffic laws, drivers of motor vehicles bear greater responsibility.

​Vehicles should yield the right of way to pedestrians at all times, especially when entering or exiting a driveway.  This can be particularly dangerous when a pedestrian is walking down the sidewalk.  Elderly or disabled folks should be given ample time to cross the street.  This is not the time to be impatient.  Generally speaking, vehicles should exercise due caution even if someone is crossing the street at an unmarked location.  It is important to talk to an experienced attorney if you've been injured as a pedestrian. The advice of a good lawyer can be very helpful in resolving your claim against the responsible party.  A lawyer can advise you of your rights and reasonable expectations.
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​If you were injured as a pedestrian, you may recover damages for:

• Past and future medical expenses
• Past and future wage loss
• Past and future pain and suffering
• If the defendant's conduct is extreme, punitive damages may be awarded.

If the pedestrian dies, his or her survivors may be entitled to compensation.  However, just by being a pedestrian doesn't mean you will win your case every time.  Even though the law generally places a heavier burden on the driver of a motor vehicle, every pedestrian has the duty to obey traffic laws and to reasonably observe traffic conditions.

Generally speaking, pedestrians should not begin or continue crossing a street if they see an approaching vehicle. That is just plain common sense.  If you were partly to blame for the accident you may bear some responsibility, which may reduce your eventual recovery. For example, if you were 50% at fault, your recovery may be reduced by half.  

A lot of people assume the pedestrian is always innocent in car accident cases. However, pedestrians can contribute to or cause a car accident to occur. One of the biggest reasons  pedestrian accidents occur is because a pedestrian is jay walking. If there are marked crosswalks, you are not supposed to walk in the middle of the street.

However, although some pedestrians are indeed at fault for an accident, that doesn’t give permission to the driver of a motor vehicle to plow into them with a car. One time, an insurance adjuster told me, “Your client was walking when the light was flashing ‘Don’t Walk’ and therefore caused the accident.” I told him that might be true, but that did not give his client permission to hit my client with a car. Maybe my client also has no taste in clothing and doesn’t go to church on Sunday…that doesn’t mean drivers can simply hit him in the middle of the street!

In many cases involving pedestrians who are at fault, comparative negligence comes into play. That means the driver of the car is to share in the blame. How much blame is part of the lawyer’s overall analysis, but sometimes it is not crystal clear. The California Vehicle Code states that even if a pedestrian is to blame, it does not absolve a driver from due care. Also, the California Jury Instructions place a greater burden on the driver of a car than on a pedestrian. After all, the driver of a car is the more dangerous of the two.

Of course, some folks think the pedestrian is always right. Well, sometimes the pedestrian is fault free. However, even if the pedestrian is at fault, it’s not such a clear cut case, and it may warrant further examination.

Pedestrian accidents involving cars can lead to a variety of injuries because pedestrians are more vulnerable compared to vehicle occupants. The extent of the injuries can differ based on factors like the speed of the car, where the impact occurs and other elements. Below are some common injuries that pedestrians may experience in car accidents.

Pedestrian accidents can occur due to a variety of reasons, many of which involve a combination of factors. While it's difficult to rank them definitively, here are ten common reasons why pedestrian accidents happen:

1. Distracted Driving: Drivers who are distracted by their phones, adjusting the radio, eating, or engaging in other activities are less likely to notice pedestrians crossing the road.
2. Failure to Yield: Drivers failing to yield the right of way to pedestrians at crosswalks, intersections, or while turning contributes significantly to pedestrian accidents.
3. Speeding: Speeding reduces a driver's ability to react to unexpected situations, making it more likely for them to strike pedestrians, especially in areas with heavy foot traffic.
4. Driving Under the Influence: Alcohol or drug impairment affects a driver's judgment, coordination, and reaction time, increasing the likelihood of striking pedestrians.
5. Poor Visibility: Low visibility conditions, such as darkness, heavy rain, fog, or glare from sunlight, can make it difficult for drivers to see pedestrians, increasing the risk of accidents.
6. Jaywalking: Pedestrians crossing the road outside designated crosswalks or against traffic signals put themselves in danger of being struck by vehicles.
7. Drowsy Driving: Fatigued drivers are less attentive and have slower reaction times, increasing the likelihood of pedestrian accidents, especially at night.
8. Inadequate Infrastructure: Poorly designed or maintained roads, lack of sidewalks, inadequate lighting, and absence of pedestrian crossings contribute to unsafe conditions for pedestrians.
9. Driver Inattention: Even when not actively distracted, drivers may fail to notice pedestrians due to inattention or cognitive overload, especially in urban environments with numerous potential hazards.
10. Pedestrian Inattention: Pedestrians distracted by their phones, conversations, or other distractions may fail to pay attention to traffic, increasing the risk of being struck by vehicles.

These factors often interact, with one contributing to or exacerbating the effects of another. Promoting safer driving behaviors, improving pedestrian infrastructure, and raising awareness about pedestrian safety are essential steps in reducing the occurrence of pedestrian accidents.

Typical Injuries in Pedestrian Car Collisions:

Head Injuries - Concussions, traumatic brain injuries (TBI), skull fractures and bruises. Can cause cognitive issues, memory problems, long term disability or even fatalities.

Lower Body Injuries - Leg fractures, knee and ankle injuries, as well as damage to ligaments and tendons. Can cause decreased mobility, potential need for surgery, physical therapy requirements and extended recovery periods.

Pelvic and Hip Injuries - Pelvic fractures, hip dislocations and harm to surrounding muscles and ligaments. Can cause intense pain, chances of long term mobility challenges and extensive rehabilitation procedures.

Spinal Cord Injuries including slipped discs, fractured vertebrae and damage to the spinal cord. This can lead to paralysis (partial or complete), persistent pain issues, and long term disabilities requiring care over time.

Injuries to the Upper Body - Breaks in the arms, wrists and hands, as well as dislocated shoulders. May cause restricted use of the injured limb, requirement for surgery and rehabilitation.

Injuries to the Chest and Abdomen - Fractured ribs, lung bruises, damage to internal organs (like the liver or spleen) and internal bleeding. May lead to critical situations that may need immediate medical attention.

Facial Injuries - Fractured nose, jaw fractures, dental issues, eye injuries and cuts. Can cause changes in appearance, need for reconstructive surgery and potential vision or dental problems.

Psychological Injuries such as Post traumatic stress disorder (PTSD), anxiety disorders and depression. May lead to persistent mental health concerns needing therapy and assistance.

To Help Prevent Pedestrian Accidents:

•  Pedestrians should use designated crosswalks and follow traffic signals.
•  Pedestrians should try to stay visible by wearing bright or reflective clothing.
•  Pedestrians should avoid distractions like cell phones when walking across streets.
•  Drivers should stay alert, especially in areas with lots of pedestrians.
•  Drivers should follow speed limits and traffic signals.
•  Drivers should avoid distractions and be ready to stop for pedestrians at crosswalks.

Knowing about these typical injuries and how they happen can help in preventing accidents and providing the right medical care if they occur.

​Santa Clarita, CA pedestrian accident attorney Robert Mansour can help advise you regarding your case.  He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case.  You can also fill out our Free Case Evaluation form.

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