If you or a loved one is injured while walking – whether it happens on the street, across an intersection, in a parking lot, or while on a sidewalk – an Escondido pedestrian accident lawyer like Marino & Tye LLP can help get the compensation you deserve.
Pedestrian accidents can result in multiple injuries that make medical bills accumulate. Even if you’ve got the money to cover the expenses, seeking compensation from the accident caused by somebody else’s negligence is the right thing to do, and the legal team at Marino & Tye LLP can help you with that. Let us fight for fair and just compensation for the harm done to you.
Many individuals don’t think of walking as dangerous. But the sad reality is that thousands of pedestrians are killed and injured each year in traffic accidents. In the United States alone, as per preliminary data provided by Governors Highway Safety Association, 6,590 pedestrian fatalities occurred in 2019, an increase of approximately 300, or 5% from 2018.
Pedestrian deaths are currently at a 33-year high as a proportion of overall traffic deaths, according to GHSA.
The GHSA 2019 preliminary data also noted that five states (Arizona, California, Florida, Georgia, and Texas) accounted for almost half — 47% — of all pedestrian deaths.
California in the Top 10 for Pedestrian Accident Deaths
In another report, this time, provided by Now Smart Growth America, California ranked 16th most dangerous state for people walking – way above the national average. The report said 22.2% of vehicle-related fatalities between 2008-2017 were pedestrians – higher than the national average of 14.2%.
Escondido is a wonderful place to live, but in many ways, the city has become a hot spot for traffic accidents involving pedestrians. The streets attract both cars and people in great numbers, where they jostle under bright lights.
According to the National Highway Traffic Safety Administration (NHTSA), more than three-quarters of all pedestrian fatalities occur in cities, and three-quarters also occur at night. Almost half—48 percent—involve either a driver or a pedestrian under the influence of alcohol, according to the U.S. Centers for Disease Control and Prevention.
Eighteen percent of pedestrian accidents occur at intersections.
What Types of Pedestrian Accidents Occur in Escondido?
Crossing the Street
Escondido sees the same kind of pedestrian accidents as in other parts of the country. Not a few drivers ignore pedestrians crossing at a crosswalk or fail to slow down sufficiently for walkers to get completely across the street.
Legally, pedestrians in California, including those in Escondido, have the right-of-way at controlled intersections and marked crosswalks. In these locations, vehicles must always yield the right-of-way to crossing pedestrians. The only exception is at intersections with traffic lights and crosswalk signals, where pedestrians only have the right of way when the crosswalk signal has the “Walk” sign. Else, pedestrians must wait and yield the right-of-way to traffic.
In Parking Lots and Driveways
Drivers can hit pedestrians when easing into or out of parking spaces, such as parking lots and driveways, or driving around parking lots or driveways. The cited reason for this is that many drivers pay attention more to their parking spaces and getting into them than the presence of pedestrians. Such divided attention can cause accidents.
While these types of accidents usually occur at slow speeds, it does not mean they are not harmful. Depending on the type of collision, where the vehicle hits the pedestrian, and the size vehicle, these accidents can do plenty of harm.
Sidewalks, of course, are designed for pedestrians. In an ideal world, a pedestrian on a sidewalk should never encounter a vehicle there. But there are cases where careless or intoxicated drivers do drive deliberately on a sidewalk to avoid traffic. At times, they veer onto a sidewalk for some other reason. They are even struck by another vehicle in a manner that knocks their car onto a sidewalk. Although rare, these types of accidents can cause severe injuries and even death because they sometimes occur at high speeds and have maximum impact on pedestrians.
In Residential Areas and Near Schools
Children frequently play or walk in the streets in residential spaces and are all too apt to be in an accident with a careless driver. Children walking in the area of schools may veer off sidewalks or walk in large groups. These types of accidents are more likely to happen right after daylight savings time ends due to less visibility.
The significant growth in the population in Escondido has resulted in a massive increase in airport traffic. The attention of both pedestrians and drivers is sometimes on impending departures and arrivals rather than traffic, which can result in untoward incidents.
How Are People Injured in Pedestrian Accidents?
Pedestrians hit by a vehicle are at a great disadvantage. Vehicle occupants are protected by tons of metal. Conversely, pedestrians are open to those tons of metal coming at them. Cars can hit walkers at high speeds and throw them from the accident scene. The result? Injuries ranging from catastrophic, causing paralysis and loss of bodily function, to minor but painful. Common pedestrian accident injuries include:
- Crush injuries
- Fractured bones
- Loss of limb (amputation)
- Nerve damage
- Traumatic brain injuries (TBIs), including concussions
- Spinal cord injuries, including paralysis
- Damage to internal organs
How Do I Receive Compensation for My Injuries?
If you get injured in a pedestrian accident, you may face large medical bills from visits to your doctors, hospitals, urgent care clinics, among other things for your rehabilitation. If you are not able to work for some time or unable to work at your former occupation, you may have financial hurdles. You may also suffer pain and emotional harm. But, as they say, all is not lost. California law allows injured parties to receive compensation for their suffering from an accident caused by another party. If it is the fault of the driver to drive safely and according to the law, which results in the accident, he or she could be negligent in exercising the care Escondido expects of drivers.
You should contact a lawyer to help file a lawsuit against the driver – the insurance company representing him/her – for negligence. (All Escondido drivers are required to have insurance.) As a result, you may receive compensation for:
- Emotional distress/trauma
- Lost wages
- Lost earning capacity
- Loss of companionship
- Medical bills
- Pain and suffering
- Rehabilitation costs
Insurance companies are skilled at settling for the lowest amount possible. They sometimes argue that injured individuals are partly responsible for cases involving pedestrian accidents. So, it should not come as a surprise if they attempt to get the injured party to accept an offer quickly, but these initial offers are usually for less than the actual cost of the accident. In other words, insurance companies rarely treat injured individuals fairly. These companies exist to make money; thus, their main goal is to protect themselves and that they are insured.
Therefore, it is a good idea to contact an experienced lawyer to negotiate with these insurance companies. The legal team of Marino & Tye LLP can help you with that. If necessary, we have the resources to investigate the accident and provide evidence of who is at fault.
Contact an Experienced Escondido Pedestrian Accident Lawyer Today
If you or a loved one obtains injury from a pedestrian accident in the Escondido area, Marino & Tye LLP can help you determine your eligibility to file a personal injury lawsuit and seek the compensation you deserve. We are a team with members having different expertise in the legal industry. We can help negotiate with insurance companies to see that you receive compensation for the full cost of your injuries. The first consultation is always free.
Contact us online or by calling 1-760-741-7643.