A California woman was hit while walking through a crosswalk when a driver ran a stop sign and drove through the intersection. Luckily the woman survived, but she suffered severe injuries as a result of the California pedestrian accident—a two-part distal radius fracture and a left ulnar styloid fracture.
The radius fracture required open reduction and internal fixation surgery, including implantation of a metal plate and nine screws. The ulna fracture required stabilization with a closed reduction percutaneous pinning and a static tension band implant.
Why the Client Hired Sally Morin
Unfortunately, as is the case with many injured car accident victims, the client had difficulty with her health insurance, couldn’t afford her medical bills, and was overwhelmed by all of the paperwork and the entire personal injury claim process as a whole. She needed to focus on her healing, but instead, she was too worried about her finances because she was too injured to return to work, which meant she was losing income.
The issue with the client’s insurance was that the at-fault driver was actually driving a work vehicle at the time of the incident, which made it a third-party liability case. And unfortunately, the client was struggling to confirm third-party liability limits and whether or not the driver was on the clock at the time of the accident.
With all of the confusion and stress, the client decided her best course of action was to hire a personal injury attorney to help handle her case. There was simply too much for her to do on her own while injured and a lot that she didn’t understand.
Best Thing Sally Morin Did for the Client
To assist the client, Sally Morin stepped in to help navigate legal and insurance processes so she could get back to focusing on her healing. We negotiated the liens down significantly and maximized the case value to increase the settlement amount, and we assisted the client with her medical payment coverage to ensure outstanding balances got paid.
In the end, the client pocketed over ⅓ of the $100k settlement as a result of the large reductions negotiated on her liens. Though no amount of money can ever make up for such a traumatizing experience, it did allow the client to take care of her financial worries concerning the accident so she could focus on her future and move on as comfortably as possible.
California Pedestrian Accidents Are All Too Common
Unfortunately, the incident described above is just one of many that we see as personal injury attorneys in California. Because cities like San Francisco are so walkable, there are large numbers of pedestrians out and about daily. However, though the streets are walkable, the traffic is still a serious concern, which is why pedestrians are constantly at risk of being hit.
In fact, statistics show that cars hit at least three pedestrians daily in San Francisco, and 60% of all traffic deaths are a result of pedestrian accidents in the city. And though pedestrians can occasionally be at fault, motorists are almost always to blame, carrying 64% of the fault on average in SF.
Common Causes of Pedestrian Accidents in California
Though pedestrian accidents can happen for various reasons, speed and distraction are primarily to blame. And as with the case above, when a driver is speeding or distracted, they are more likely to run stop signs or traffic lights, which can cause them to hit someone walking through a crosswalk.
This means pedestrians are more at risk of being hit when they are near intersections, crosswalks, and roundabouts. However, an accident can occur almost anywhere at any time for many reasons, including:
- Failure to yield the right-of-way
- Distracted driving
- Speeding
- Fatigued driving
- Driving under the influence of alcohol or drugs
- Blind spots
- Failure to look before turning or backing up
California Pedestrian Right-of-Way Laws
As with any case, when a pedestrian accident occurs, the negligent party is the one who will be at fault for not obeying the traffic laws. As such, this does mean that it is possible for a pedestrian to carry some or even all of the blame.
According to California Vehicle Code, pedestrians almost always have the right-of-way except when:
- At any point other than within a marked or unmarked crosswalk at an intersection
- Walking on a roadway where a tunnel or elevated pedestrian walkway exists
- Walking in bicycle lanes if a sidewalk exists
So if a pedestrian disobeys these laws, they could be found liable for causing the accident. However, in most cases, pedestrian accidents are caused by driver negligence. And California laws for motor vehicles concerning pedestrians include:
- Always stop for pedestrians in a crosswalk.
- Always stop for pedestrians at corners.
- Never pass a vehicle that is stopped at a crosswalk without checking as there could be a pedestrian hidden behind the stopped vehicle.
- Do not drive on the sidewalk, except to cross to enter or exit a driveway or alley. Yield to pedestrians on the sidewalk.
- Do not stop in a crosswalk.
- Yield to pedestrians who make eye contact with you as it is likely because they are intending to cross the street.
- Allows sufficient time for certain pedestrians to cross the street, such as the elderly, disabled, and young children.
- Obey all signs pertaining to pedestrians.
- Stop at least 5 feet from crosswalks.
We Handle Your Accident Claim So You Can Focus On Your Life
If you or a loved one are injured as a pedestrian by a motor vehicle in California, you need an experienced personal injury attorney on your side. As with the case described above, the personal injury process can be challenging, especially when you are injured and trying to focus on your recovery. Insurance companies can also be difficult to work with and may try to deny your claim or offer you a settlement amount that is less than you deserve.
At Sally Morin, we truly care about the people of California and work hard to ensure our clients get the full settlement needed to cover their expenses. In some cases, we even help our clients walk away with money in their pockets so they can support themselves and their families as they recover.
Call us at 877-380-8852 or contact us online today for a free case evaluation.
