Did you know that California also has the highest number of pedestrian accident fatalities?
In California, drivers always have a duty to exercise reasonable care while driving so as not to injure others. Some causes of driver negligence include distracted driving, excessive speed, driving under the influence of alcohol or drugs, and more. A driver’s duty of reasonable care is upgraded when driving in areas where children are present, such as within the vicinity of schools.
And pedestrians have a similar duty to exercise reasonable care for their own safety. However, a pedestrian can breach that duty and cause or contribute to an accident through such actions as crossing outside of a crosswalk or against a “walk” signal, or even by stepping into traffic while texting and walking.
When a driver negligently causes an accident, the victim may be left with serious and long-term personal injuries and financial burdens related thereto. Through a personal injury action, a victim may be able to recover monetary compensation for their current and future medical bills, current and future lost or diminished income, property damage, pain and suffering, and more.
If the victim dies as a result of the injuries suffered in the accident, certain surviving close relatives who depended on the victim for support may be entitled to commence a wrongful death action to recover compensation for items like the victim’s final medical and funeral expenses, loss of companionship, and the lost financial support the victim would have provided. Wrongful death claims can be complex and differ from case to case and, like a personal injury action, the plaintiff has the burden to prove that the victim’s injuries and resulting death were caused by the negligence of the driver.
A recent study examined pedestrian, vehicle, and bicycle accident data, within a half mile of each elementary school in San Diego. Not surprisingly, it found that schools in urban areas – – where the number of pedestrians and amount of traffic were greater – – were more dangerous for pedestrians, including school children. The more rural and residential areas had fewer accidents. Among the common sense recommendations to minimize risk to children walking to school were: not to allow those under the age of 10 to walk alone; to only cross at marked crosswalks; and to choose a route with the least number of street crossings.
If you or a loved one was injured in an accident, the personal injury attorneys at the Law Firm of J&Y offer a free consultation. Call us today at 888-806-6722 to discuss your claim. While we can’t undo the injury, we can help you obtain just compensation and relieve the financial burden the injury has caused. We have offices throughout California, including San Diego, Los Angeles, Rancho Cucamonga, and San Francisco. Se habla Espanol.