Oakland Pedestrian Accident Lawyers
Are You Entitled to Compensation for Pedestrian Injuries?
The National Highway Traffic Safety Administration (NHTSA) reports that 4,378 people lost their lives in pedestrian accidents during 2008 in the U.S. While this number represents a 16 percent decline from the number of pedestrians killed in 1998 (5,228), a greater awareness of pedestrian safety is still needed, as many people are not aware of the dangers when crossing the street. Alarmingly, for both the pedestrian and the driver, in 48 percent of fatal collisions, alcohol was reportedly a factor. Sadly, pedestrians aged 65-years-old and above accounted for about 18 percent of fatalities during 2008, with children aged 15-years-old and younger accounting for seven percent of pedestrian fatalities that year.
Approximately 69,000 pedestrians were injured in accidents in 2008, averaging to a pedestrian injured every eight minutes. Around 10 percent of these injuries were pedestrians aged 65-years-old and above, with 22 percent children aged 15-years-old and younger. In California, 620 pedestrians lost their lives in accidents in 2008, with thousands more injured in these accidents.
Pedestrian accidents can cause a victim to sustain severe or even fatal injuries. Unlike motorists and other vehicle occupants, pedestrians do not have the protection a vehicle provides. A person’s body has little defense in a collision with a 3,000 pound passenger vehicle. Upon impact, a pedestrian can be thrown several feet and sustain serious injuries, including broken or fractured bones, internal bleeding, traumatic brain injury (TBI), spinal cord injury, paralysis, or even death.
The following are examples of several causes of pedestrian accidents:
- Dangerous roadways. Crosswalks and intersections that aren’t marked well can result in a serious pedestrian accident. In these instances, the governmental agency that oversees the maintenance of the roadway (such as the city or county), may be held responsible for the accident and other related losses.
- Drunk driving. As the above statistics show, alcohol is involved in many pedestrian accidents. Motorists driving under the influence of alcohol have a decreased chance of seeing a pedestrian in the road or stopping for a red light, which may result in a pedestrian sustaining severe or fatal injuries.
- Excessive speeding. A driver who exceeds the set speed limit significantly has less time to react to sudden changes in the roadway, such as a pedestrian. By law, motorists are required to exercise caution when driving, particularly when approaching an intersection or crosswalk, which is where pedestrians are likely to be.
- Failure to yield the right-of-way. Drivers must yield to pedestrians when crossing the road at crosswalks and intersections when it is their turn to walk. Motorists who fail to yield to, or to look for, pedestrians before entering into an intersection may be held legally responsible should an accident result from their negligence.
Damages & Liability in Pedestrian Accidents
A person who suffers injuries due to a pedestrian accident in Oakland may be able to receive compensation from the negligent driver that caused the accident. If a pedestrian is killed in an accident, their family may also be able to receive damages. A pedestrian accident victim or their family may be able to receive coverage for hospital and medical bills, rehabilitation, lost wages, funeral expenses, and more.
If you or a loved one has been injured in a pedestrian accident, call the Oakland personal injury attorneys at Balamuth Law. We can help you understand the legal options available to you as well as build a strong case against the negligent driver in order for you to receive the compensation that you need and deserve. Call (888) 254-1234 to schedule a free consultation with one of our Oakland pedestrian accident lawyers today.
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