Pedestrians are particularly vulnerable in accidents with motor vehicles. We fight for the rights of pedestrians injured in crosswalks, intersections, or anywhere else due to the negligence of drivers.
Pedestrian accidents often result in severe injuries, including broken bones, head trauma, and internal injuries. Many pedestrian accidents occur due to distracted driving, speeding, or failure to yield. Our attorneys work diligently to prove liability and secure compensation for medical expenses, rehabilitation, and lost income. We understand that pedestrian accident victims often face a long road to recovery and strive to provide compassionate legal representation.
Auto vs. pedestrian accidents are a significant concern in California, often resulting in severe injuries due to the vulnerability of pedestrians. At Gallo Law, we are committed to representing pedestrians injured in such incidents, ensuring they receive the compensation they deserve. This comprehensive overview delves into various aspects of auto vs. pedestrian accidents, including types of pedestrians, uninsured and underinsured motorist coverage, injury severity, California’s “jaywalking” laws as of 2025, and other pertinent factors specific to these cases.
Types of Pedestrians
Pedestrians encompass a diverse group of individuals who utilize various modes of non-motorized transportation. Understanding these distinctions is crucial, as different types of pedestrians may face unique risks:
- Walkers: Individuals traveling on foot are the most common type of pedestrian.
- Joggers and Runners: Those engaging in running or jogging activities, often in residential areas or parks.
- Children: Young pedestrians who may be less aware of traffic dangers.
- Elderly Individuals: Elder adults who may have mobility challenges, affecting their crossing speed and awareness.
- Individuals with Disabilities: Pedestrians using assistive devices such as wheelchairs or crutches.
- Skateboarders: Individuals using skateboards for transportation or recreation.
- Rollerbladers and Roller Skaters: Those using inline skates or traditional roller skates.
- Scooter Riders: Individuals using non-motorized scooters.
- Personal Mobility Device Users: Users of devices like hoverboards or electric unicycles. Each group faces specific risks and legal considerations, especially when involved in accidents with motor vehicles.
Uninsured and Underinsured Motorist Coverage for Pedestrians
In California, pedestrians struck by a vehicle may be covered under their own auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage. This coverage applies even when the insured individual is not driving. UM/UIM coverage can help cover medical expenses, lost wages, and other damages if the at-fault driver lacks sufficient insurance. It’s important to note that UM/UIM coverage is included in auto insurance policies unless explicitly waived in writing. Therefore, it’s advisable for policyholders to retain this coverage to protect themselves in such scenarios.
Severity of Injuries in Auto vs. Pedestrian Accidents
Pedestrians lack the protective barriers that vehicles provide, making them susceptible to severe injuries in collisions. Common injuries include:
- Traumatic Brain Injuries (TBI): Resulting from head impacts, leading to cognitive impairments.
- Spinal Cord Injuries: Potentially causing paralysis or loss of function.
- Fractures and Broken Bones: Common in limbs and ribs due to the impact force.
- Internal Injuries: Damage to organs such as the liver, spleen, or kidneys.
- Lacerations and Abrasions: Cuts and scrapes that may lead to significant blood loss or infections.
- Psychological Trauma: Including post-traumatic stress disorder (PTSD) and anxiety. The severity of these injuries often necessitates extensive medical treatment and rehabilitation, underscoring the importance of securing adequate compensation.
California’s “Jaywalking” Laws as of 2025
In California, the Freedom to Walk Act (AB 2147) took effect on January 1, 2023, decriminalizing jaywalking when done safely. Under this law, pedestrians can cross streets outside of designated crosswalks without facing fines, provided they do not create an immediate hazard. This shift aims to reduce unnecessary citations and acknowledges that pedestrians often cross mid-block when safe to do so. However, pedestrians must still exercise caution and yield to oncoming traffic when crossing outside of crosswalks. Additionally, starting January 1, 2025, California implemented a new “Daylighting” law (AB 413) to enhance pedestrian safety. This law prohibits parking within 20 feet of any marked or unmarked crosswalk, improving visibility for both drivers and pedestrians. The increased visibility aims to reduce collisions at intersections and crosswalks.
Liability in Auto vs. Pedestrian Accidents
Determining liability in auto vs. pedestrian accidents involves assessing the actions of both parties. Drivers are generally expected to exercise due care to avoid colliding with pedestrians, especially in areas where pedestrians are likely to be present. However, pedestrians also have a duty to act responsibly and follow traffic laws. Factors influencing liability include:
- Driver Negligence: Such as speeding, distracted driving, failure to yield at crosswalks, or driving under the influence.
- Pedestrian Negligence: Including suddenly entering the roadway, crossing against traffic signals, or being under the influence.
- Comparative Negligence: California follows a comparative negligence system, meaning compensation can be adjusted based on the degree of fault assigned to each party. It’s crucial to conduct a thorough investigation to establish fault and pursue appropriate compensation.
Evidence Collection in Auto vs. Pedestrian Accident Cases
Collecting robust evidence is vital for building a strong case. Key evidence includes:
- Accident Scene Photographs: Images capturing vehicle positions, skid marks, traffic signals, and environmental conditions.
- Surveillance Footage: Videos from nearby cameras that may have recorded the incident.
Witness Statements: Accounts from individuals who observed the accident.