Pedestrian accidents are becoming an alarming issue in San Bernardino and across California. As more pedestrians share the road with an increasing number of vehicles, the risk of severe injuries and fatalities from pedestrian accidents has surged.
When someone is struck by a vehicle, the injuries can be life-changing, both physically and emotionally. Having an experienced San Bernardino pedestrian accident lawyer from Krasney Law Accident Attorneys by your side can make all the difference in securing the compensation you deserve.
Overview of Pedestrian Accidents in San Bernardino
San Bernardino has seen a concerning rise in pedestrian accidents in recent years. With busy streets and more people walking for commuting, exercise, or leisure, the chances of being hit by a car increase.
Unfortunately, many pedestrian accidents result in severe injuries or even fatalities.
Pedestrian Accident Statistics in California
According to the California Office of Traffic Safety, pedestrian fatalities have been steadily rising. In 2023, California ranked as one of the highest states for pedestrian deaths, and San Bernardino has been a significant contributor to these numbers.
Local authorities and safety advocates are striving to improve pedestrian safety, but the risk remains substantial.
| Statistic | Data | Source |
| Pedestrian Fatalities in California | According to the OTS, pedestrian fatalities in California have been steadily increasing in recent years. | California Office of Traffic Safety |
| San Bernardino’s Contribution | San Bernardino has been identified as a city with a significant number of pedestrian accidents and fatalities. | Local news reports and traffic data |
| Factors Contributing to Pedestrian Accidents | Distracted driving, speeding, failure to yield, and inadequate infrastructure are common factors leading to pedestrian accidents. | OTS and local law enforcement data |
| Efforts to Improve Pedestrian Safety | California has implemented various measures to improve pedestrian safety, including engineering improvements, education campaigns, and enforcement efforts. | OTS and local municipalities |
Common Causes of Pedestrian Accidents
Pedestrian accidents in San Bernardino are often caused by a range of negligent driver behaviors, including:
Distracted driving:
Texting, using a GPS, or other distractions take drivers’ attention off the road.
Failure to yield at crosswalks:
Many accidents occur when drivers ignore crosswalks and fail to yield to pedestrians.
Speeding:
Vehicles moving at high speeds cannot stop quickly enough to avoid hitting pedestrians.
Driving under the influence (DUI):
Alcohol or drug impairment significantly reduces a driver’s ability to react in time.
Poor visibility or signage:
Lack of proper lighting or unclear signage can contribute to accidents, especially at night.
Legal Rights of Pedestrian Accident Victims
Understanding your legal rights is crucial if you or a loved one has been involved in a pedestrian accident. California law vigorously protects pedestrians, but the legal landscape can be complicated.
Understanding Pedestrian Right-of-Way Laws
California’s right-of-way laws require drivers to yield to pedestrians in marked or unmarked crosswalks. However, many drivers disregard these rules, resulting in accidents. When a pedestrian is hit, establishing who had the right of way is critical in determining liability.
Fault and Liability in Pedestrian Accidents
In pedestrian accidents, liability is typically placed on the driver.
However, California’s comparative negligence laws mean that fault can be shared between the pedestrian and the driver.
For instance, if the pedestrian was jaywalking, the compensation they receive might be reduced based on their percentage of fault.
Evidence such as traffic camera footage, witness statements, and police reports is essential for proving fault in these cases.
How Liability is Determined in Pedestrian Accidents:
California follows a comparative negligence system. This means that fault for the accident is shared between parties based on their percentage of responsibility.
For example, suppose a pedestrian is 20% at fault, and the driver is 80% at fault. In that case, the pedestrian can still recover damages, but the percentage of fault will reduce the amount.
A San Bernardino pedestrian accident lawyer can gather evidence, such as witness statements, accident reports, and traffic camera footage, to establish fault and build a strong case on your behalf.
Common Injuries Sustained in Pedestrian Accidents
Pedestrian accidents often result in severe injuries due to the significant difference in size and force between pedestrians and vehicles.
Types of Injuries Pedestrians Typically Suffer
Traumatic brain injuries (TBIs):
These can range from mild concussions to severe brain damage, leading to long-term disabilities.
Spinal cord injuries:
Accidents can result in paralysis or chronic pain.
Broken bones and fractures:
These injuries often require surgeries and extensive rehabilitation.
Soft tissue injuries:
Pedestrians often suffer from sprains, whiplash, and muscle damage.
Internal injuries:
Damage to internal organs can be life-threatening, requiring immediate medical attention.
Long-Term Effects of Pedestrian Accident Injuries
The consequences of pedestrian injuries can be long-lasting. Many victims face chronic pain, ongoing medical treatment, and an inability to return to work, significantly impacting their quality of life.
Rehabilitation, physical therapy, and even multiple surgeries may be necessary for recovery.
Steps to Take After a Pedestrian Accident
Suppose you or a loved one has been involved in a pedestrian accident. In that case, taking immediate steps to protect your rights and seek medical attention is crucial. Immediate Actions for Pedestrian Accident Victims:
Seek Medical Attention:
Even if your injuries don’t seem severe, seeking medical evaluation as soon as possible is essential. Internal injuries may not be immediately apparent.
Gather Evidence:
Collect as much evidence as possible at the accident scene. Take photos of the accident site, the damaged vehicles, and your injuries. Note any skid marks, broken glass, or other physical evidence.
Get Witness Information:
Talk to witnesses and obtain their contact information. Their accounts can be valuable in reconstructing the accident and determining fault.
File a Police Report:
Contact the police and file a report detailing the accident. This report will serve as an official record of the incident.
Avoid Giving Statements to Insurance Companies:
Insurance adjusters may attempt to obtain a statement from you. It’s advisable to avoid giving any statements without legal representation. Insurance companies may use your words against you to minimize your claim.
Why Early Legal Representation is Important
Protecting Your Rights:
An experienced San Bernardino pedestrian accident lawyer can help protect your rights from the beginning. Insurance companies may try to take advantage of injured people who are not represented by legal counsel.
Avoiding Premature Settlements:
Insurance adjusters may offer a quick settlement that only partially compensates you for your injuries and future losses. A lawyer can help you assess the value of your claim and negotiate for fair compensation.
Handling Complex Legal Issues:
Pedestrian accident cases can involve complex legal issues, such as determining fault, calculating damages, and dealing with insurance companies. A San Bernardino pedestrian accident lawyer can navigate these complexities on your behalf.
How a San Bernardino Pedestrian Accident Lawyer Can Help
At Krasney Law Accident Attorneys, our San Bernardino pedestrian accident lawyers have extensive experience handling these complex cases. Here’s how we can help:
Investigating the Accident
We conduct a thorough investigation to gather evidence, including traffic camera footage, police reports, and witness statements. We also work with accident reconstruction experts to determine liability.
Dealing with Insurance Companies
Insurance companies are notorious for offering low settlements or disputing claims altogether. Our team negotiates with insurers to secure fair compensation, so you don’t have to deal with adjusters focused on minimizing payouts.
Filing a Legal Claim
If necessary, we will file a personal injury claim to ensure you receive the compensation you deserve. We handle all the legal proceedings, whether negotiating a settlement or taking your case to court.
Compensation Available for Pedestrian Accident Victims
Victims of pedestrian accidents may be entitled to several types of compensation, depending on the severity of their injuries and the circumstances of the accident.
Types of Compensation You Can Receive
Medical expenses:
Covers the cost of hospital visits, surgeries, rehabilitation, and future medical treatment.
Lost wages:
If you cannot work due to your injuries, you can claim compensation for lost income and loss of future earning capacity.
Pain and suffering:
You may be compensated for the physical pain and emotional distress caused by the accident.
Punitive damages:
In cases where the driver was extremely negligent, punitive damages may be awarded to punish the at-fault party.
Factors that Impact Compensation
The compensation you can receive depends on the severity of your injuries and the duration of your recovery. Additionally, comparative negligence laws may reduce your compensation if you are found to be partially at fault.
Why Choose Krasney Law as Your Pedestrian Accident Lawyer
When it comes to pedestrian accident cases, choosing the right law firm is crucial. Krasney Law Accident Attorneys have the experience, dedication, and resources to handle complex personal injury cases.
Krasney Law’s Experience with Pedestrian Accident Cases
Our team has a proven track record of helping clients receive maximum compensation for their injuries. We understand the legal intricacies of pedestrian accident cases. We will work tirelessly to build a strong case for you.
Personalized Legal Representation
At Krasney Law, we treat each client with the attention and care they deserve. We offer free consultations, and you pay no legal fees unless we win your case. We aim to help you navigate the legal process while you focus on your recovery.
Testimonials and Success Stories
Our satisfied clients have consistently praised us for our dedication, professionalism, and ability to secure the compensation they deserve. We’ve helped many pedestrian accident victims rebuild their lives after devastating accidents.
Frequently Asked Questions About Pedestrian Accident Claims
Pedestrian accident victims often have many questions about their legal rights and options. Below are some common inquiries:
How Long Do I File a Pedestrian Accident Claim in San Bernardino?
Suppose you’ve been involved in a hit-and-run accident. In that case, an attorney can help investigate and track down the responsible driver. Additionally, you may recover compensation through your uninsured motorist coverage.
What Happens if the Driver Flees the Scene?
If you’ve been involved in a hit-and-run accident, an attorney can help investigate and track down the responsible driver. Additionally, you may recover compensation through your uninsured motorist coverage.
Can I Still Recover Damages if I Was Partially at Fault?
Yes. Under California’s comparative negligence laws, you can still recover damages even if you were partially at fault. However, your compensation will be reduced by the percentage of fault assigned to you.
What Should I Do if the Driver Doesn’t Have Insurance?
If the at-fault driver is uninsured, you can seek compensation through uninsured/underinsured motorist coverage.
How Long Does It Take to Settle a Pedestrian Accident Case?
The timeline of a pedestrian accident case depends on factors such as the severity of injuries and negotiations with insurance companies. While some cases settle quickly, others may take longer if the injuries are complex or liability is disputed.
Contact Krasney Law Accident Attorneys Today for a Free Consultation
Suppose you or a loved one has been injured in a pedestrian accident in San Bernardino. In that case, Krasney Law Accident Attorneys is here to help. We offer free consultations and work on a contingency fee, meaning you only pay something if we win your case.
Why Timing Matters
The sooner you contact us, the more time we have to gather evidence and build a strong case on your behalf. Delaying action can result in lost evidence and missed opportunities to recover compensation.
Schedule Your Free Consultation
Contact Krasney Law Accident Attorneys today to schedule a free, no-obligation consultation. Let us fight for your rights and help you secure the compensation you deserve.