Causes of Pedestrian Accidents in San Bernardino
Based on data from San Bernardino County, bicyclists and pedestrians made up 5% of all traffic collision victims in 2019. While this may not seem high, this represents a nearly 50% increase in pedestrian injuries and fatalities between 2010 and 2019. Pedestrian accidents are becoming more and more serious and fatal by the year.
In most cases, pedestrian accidents occur because of a negligent driver. Drivers who speed or run red lights at intersections put themselves and others in danger.
Left-hand Turns
Turning left is one of the most dangerous driving maneuvers, resulting in thousands of accidents per year. This is due to the fact that vehicles, especially SUVs and trucks, have large blind spots when making left-hand turns. Drivers may also be focused on oncoming traffic and not on pedestrians crossing the street.
Quiet Cars
The surge in electric and hybrid vehicles in recent years has also contributed to the rise in pedestrian crashes. These vehicles have a much quieter engine, making it much harder for pedestrians to hear the vehicle backing up or approaching.
Unmarked Crosswalks
An unmarked crosswalk is a prolongation of any pedestrian pathway and is only located at an intersection. Without the proper markings or traffic signals, drivers may not anticipate or stop for pedestrians who have entered an unmarked crosswalk.
Distractions
The three main types of distraction are visual, manual, and cognitive. Texting is the most dangerous distraction, as it involves taking your eyes and mind off the road. Despite the clear dangers, many drivers and pedestrians engage in risky distractions like texting, talking, and looking down at their phones while behind the wheel or walking.
Alcohol Use
Impairment, whether by alcohol or drugs, affects all road users and leads to serious accidents. Even a small amount of alcohol can impair a person’s reaction time and judgment, leaving them little room to react to a road hazard or vehicle. Intoxication can give someone a false sense of security and increases the risk of pedestrian fatalities.
Arterial Roads
These are high-capacity urban roads designed to carry longer-distance flows of traffic. Examples of arterial roads in San Bernardino County include Foothill Boulevard, Bear Valley Road, and E Street. These roads are generally not safe for pedestrians, as vehicles are prone to speeding and are not prepared to slow down for pedestrians.
Poor Visibility
Pedestrians walking at night or in bad weather conditions increase the risk of an accident due to poor visibility. Wearing dark clothes at night makes it more likely for pedestrians to be hit by a car who did not see them. Pedestrians should wear white or reflective clothing to make themselves easily visible when the light is low.
San Bernardino Pedestrian Laws
Like the rest of California, San Bernardino gives pedestrians the right-of-way at any marked or unmarked crosswalk at an intersection. The law states that pedestrians and drivers must uphold their duty of care and not put themselves or others in immediate danger.
Effective January 1, 2023, pedestrians can legally cross outside of a crosswalk or jaywalk, as long as they are doing so safely. They may still be ticketed if they cross in the “immediate danger of a collision.”
Who’s at Fault in Pedestrian Accidents?
The question of “Who is at fault?” will inevitably be asked by both parties after an accident. However, it is not an easy question to answer, even for experienced San Bernardino pedestrian accident lawyers. It requires an extensive investigation, and gathering of critical evidence. Fault will be based on negligence, which is the legal term for carelessness.
In order for an injured pedestrian to file a claim, they must show the following elements:
- Duty of care: You must prove the other party had a legal obligation to act in a reasonable and safe manner towards you. For example, drivers have a duty of care to obey the traffic laws, pay attention to the road, and avoid hitting pedestrians.
- Breach: The other party failed to fulfill their duty of care by acting in a negligent or reckless manner. Negligent drivers can breach their duty of care by speeding, running a red light, texting while driving, or driving under the influence.
- Causation: The other party’s breach of duty of care was the direct or proximate cause of your injuries.
- Damages: You suffered actual losses or harm as a result of the other party’s breach of duty of care. These can include medical expenses, lost wages, pain and suffering, and property damage.
In some cases, both the motorist and the pedestrian may share liability. California’s comparative negligence law takes into account both party’s negligence and reduces compensation according to the percentage of fault. A San Bernardino pedestrian accident lawyer who has a solid understanding of California law can help you navigate the legal process and determine liability.
Common Injuries After Pedestrian Accidents
If a vehicle collides with a pedestrian, it can result in serious and sometimes fatal injuries. Pedestrians lack the protection of a vehicle or a helmet that a motorcyclist or bicyclist wears. An accident can leave a pedestrian with life-threatening injuries or long-term health issues.
Pedestrian accident victims may suffer the following types of injuries:
- Traumatic brain injuries
- Head injuries
- Internal injuries
- Spinal cord injuries
- Broken bones
- Cuts and lacerations
- Burns
- Amputation
- Wrongful death
If you suffered any of the above or not mentioned injuries, a personal injury attorney can help you seek compensation for the hospital bills, treatment, and other medical expenses that you incurred due to your injury.
Compensation for Pedestrian Accident Cases
When a pedestrian is injured due to someone else’s negligence, they have the right to pursue financial compensation for their damages. The amount of damages available will depend on the severity of the injuries, the impact of the injury on the victim’s life, the other party’s negligence, their insurance coverage, and more.
A pedestrian accident claim can compensate you for:
- Past and future medical expenses
- Lost wages
- Loss of earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability
The ability to recover these damages will largely depend on the skill of your lawyer. The pedestrian accident lawyers at Arrowhead Accident Attorneys can help you recover maximum compensation so you can regain your peace of mind.
If your loved one died after a San Bernardino pedestrian accident, we can help you file a wrongful death claim. Schedule a free consultation today.
How Long Do You Have to File a Pedestrian Accident Claim?
In California, as in any other state, you have a time limit to file a pedestrian accident lawsuit. Known as the statute of limitations, these are deadlines everyone must follow, regardless of the nature of the accident or injuries.
Pedestrian accident victims typically have only two years from the date of their accident to file a personal injury case. There are some exceptions, such as when the victim is a minor or the defendant is out of state. If your accident involved a government entity, you must file an administrative claim within 180 days (six months) with the governmental agency responsible.
Contact a San Bernardino pedestrian accident attorney as soon as possible to begin the process and stay ahead of the deadline.
What To Do After a Pedestrian Accident
By taking certain steps after a San Bernardino pedestrian accident, you can protect yourself and your legal rights. Here is what to do:
- Call 911: The first thing you should do is call 911 and report the accident. This will ensure that the police and the paramedics arrive at the scene as soon as possible. The police will investigate the accident and create an accident report that will document the details and the circumstances of the collision.
- Seek medical attention: Even if you think you are not seriously injured, you should still seek medical attention as soon as possible. Some pedestrian accident injuries may not be apparent right away, but may manifest later or worsen over time.
- Take photos of the accident scene: If you are able to, you should take photos of your injuries, damage to the vehicle(s), any traffic signs and signals, weather and road conditions, skid marks, debris, and any other relevant factors.
- Collect other party and witness information: Try to collect the information of the other party involved in the accident, such as their name, address, phone number, driver’s license number, license plate number, insurance company, and policy number. You should also get the information of any witnesses who saw the accident.
- Do not discuss fault: Avoid discussing fault or the cause of the accident with anyone, especially the other party or their insurance company. You should also avoid admitting or accepting any blame, apologizing, or making any statements that could be used against you.
- Contact a personal injury lawyer: The last and most important thing you should do is contact a personal injury lawyer who specializes in pedestrian accidents. A lawyer can help you file a claim against the other party and their insurance company, and fight for your rights and interests.
