According to the California Office of Traffic Safety, the Golden State saw a staggering 14,000 pedestrian accidents in 2018. These numbers have continued to climb over the years, which means that pedestrian safety has not improved despite the state’s promise to reduce accidents.
At the Law Office of Brian P. Azemika, we represent pedestrians injured when a reckless or negligent motorist collides with them. We can meet you at home or in the hospital to discuss your right to legal compensation. Please contact our Roseville personal lawyer today.
Why Pedestrians Are Struck in Roseville
There are many reasons why motorists collide with pedestrians:
- Distracted driving. A driver is looking at a cell phone, fiddling with the controls, or busy eating or drinking and doesn’t see a pedestrian in a crosswalk or on the sidewalk.
- Reckless driving. Some motorists run a red light because they are in a hurry or make a right turn on red without checking that the way is clear.
- Drowsy driving. A tired driver can briefly nod off and veer onto the sidewalk or shoulder where a pedestrian is walking. A fatigued driver might also run through an intersection.
- Impaired driving. A motorist who is high or intoxicated might fail to stop in time because of slowed reflexes. Some impaired motorists never even see pedestrians and strike them at high speeds.
- Failure to yield. In most situations, pedestrians have the right of way in crosswalks according to Vehicle Code Section 21950(a). Annoyed or careless drivers often refuse to yield, causing a crash.
Comparative Negligence & Pedestrian Accidents
Admittedly, some pedestrians are partially to blame for their collisions. Imagine someone jaywalking because they are in a hurry or someone who tries to cross the street even though the “Do Not Walk” sign is on.
Pedestrians who are negligent can reduce their compensation under California’s comparative negligence law. For example, a pedestrian jaywalking might be 50% to blame, while the speeding driver shares the other 50% of the blame. In this example, the pedestrian can still sue for compensation, but she will only get half of what she otherwise would have received.
Pedestrian Accident Injuries
Many factors conspire to make pedestrian injuries typically more serious than those suffered by occupants of a passenger vehicle. Most importantly, a pedestrian has no protective barrier between them and a car. They will suffer a direct hit, which can cause:
- Broken ribs
- Chest contusions
- Head injuries
- Traumatic brain injuries
- Knee injuries
- Hip fracture
- Abrasions and friction burns
- Spinal cord injuries
When a person is struck at high speeds, they typically are thrown quite a distance and can land on their head or neck. They might also strike their head on a parked car, fire hydrant, or telephone pole.
Many pedestrian accidents are fatal. A pedestrian might expire at the scene of the collision or die later in the hospital. Surviving family members should reach out to a Roseville pedestrian accident lawyer to determine their rights under California’s wrongful death law.
Evidence in Pedestrian Accident Cases
To obtain compensation, we will need to establish that the driver who struck you was at least partially at fault for the crash. Helpful evidence consists of:
- Your memories of the incident
- Any statements the driver made
- Eyewitness testimony of how the crash went down
- Dashcam or surveillance video
Armed with this evidence, your Roseville pedestrian accident attorney should be able to reconstruct the accident. Importantly, we will focus on the choices that the driver made before the wreck. If he was on the phone, we can request copies of cell phone records to prove this fact.
After an accident, preserve as much helpful information as possible. This might include the names of witnesses before they disappear, as well as information about the car that hit you if the driver tries to flee.
Compensation to Cover Your Losses
A reasonable settlement or jury award should provide enough compensation to make you whole. In most accidents, victims receive damages for:
- Medical bills
- Future medical expenses
- Lost income or wages
- Lost earning capacity
Several factors go into determining what is fair. For example, we need to analyze your share of fault, which can reduce a damages award. We also must consider the driver’s level of insurance. Some motorists, unfortunately, do not carry the state’s required minimum insurance.
Roseville Pedestrian Accident Attorney
The Law Office of Brian P. Azemika offers free consultations to anyone injured in a pedestrian wreck. Contact us today to schedule a time to meet in person or over the phone.
Brian Azemika fought for me when others thought my case was a lost cause. Brian Azemika took over my case with only a few weeks to prepare prior to trial. His knowledge and expertise showed in how he prepared me for my testimony at trial. He also had a great presence in the courtroom and really connected with the jury during the entire trial. He did such a great job in the eyes of the jury that many of them approached him after the trial and asked him for his business card. Thanks to Mr. Azemika, the jury returned a verdict for $400,000.00, which was amazing since the settlement offer from the insurance company was for only $45,000.00 on the first day of trial. I am so glad that Brian Azemika was my trial attorney.