Pedestrian accidents happen quite often in both California and across the nation. Although the causes of accidents vary widely and depend on different factors, the outcome is ultimately the same. The person injured during the accident loses money and time to medical care, reduced work or total unemployment and must usually seek help through one or more official avenues. Pedestrians have many rights when an accident happens. Read on to learn more…

 

Why Do These Accidents Happen?

According to the California Office of Traffic Safety, thousands of pedestrians across the state are injured each year. In 2022, there were a reported 1,201 pedestrian deaths in the state. These accidents often involve negligence and risk-taking on the parts of pedestrians or others.

For example, a pedestrian might step off a sidewalk onto a street when their crossing light is red. A motor vehicle driver might look away for a second while answering a ringing cellphone and miss a pedestrian in a crosswalk. A bicyclist who shouldn’t be riding on a sidewalk might ignore the rule and slam into a pedestrian leaving a shop.

Nighttime accidents often occur as well. A pedestrian might not wear bright or reflective enough clothing, or a driver might fall asleep at the wheel. Additionally, driverless cars have become a problem because of camera blind spots and misjudgment of distances.

What Are Your Immediate Rights?

A pedestrian has the right to immediate medical care on-site from first responders called to the scene. Depending on the extent of their injuries, they have the right to seek further care at a local hospital or via their personal physician. Even if they don’t feel seriously injured, they should seek medical evaluation to confirm that they weren’t seriously injured during the accident.

California is an “at-fault” state, which means a pedestrian can pursue their legal rights in the event of injury caused by one or more other people no matter the level of fault. They have the right to the name or names, contact information, driver’s license number, if applicable, and insurance details of anyone involved in the accident. This right applies even if they feel like the other person or people were only to blame by a tiny percentage, especially if they believe the accident involved negligence.

The pedestrian also has the right to speak with police. They have the right to a copy of the police report. In some regions they must pay a fee to obtain it. The cost of a paper copy or access to a digital or online version varies by area. At the time of this writing, for example, they might pay between 10 and 15 cents per page. The cost of a complete report can range from below $10 up to nearly $50. Digital and online reports usually cost less.

What Are Your Extended Rights?

If a pedestrian believes they have a case against another party, they have the right to reach out to both their insurance company and the company of the other party to file a compensation claim. They also have the right to hire a personal injury lawyer who handles legal cases in the county where the accident took place.

In California, a pedestrian has the right to sue for physical injuries, emotional and psychological suffering, and current and future financial harm. Of course, as with any settlement or court case, they must provide proof of their claim, such as with accident site and other supporting photos, a police report, witness statements, emergency room and doctor’s reports, and medical bills. Typically, they don’t have to pay legal fees. Most lawyers offer free consultations and then add the fee to the claim.

What Is the Statute of Limitations?

California requires that a pedestrian or their lawyer file papers in a court of law on a date that’s no more than two years from the day of the event and injury. If the injury occurred because of a government worker, they usually have between six months to a year. Lawyers need time for discovery and procurement of evidence. As a result, a pedestrian should seek legal help as quickly as possible. Many lawyers refuse to take a case if they have less than six months to prepare before the final filing deadline.