California Fatal Pedestrian Accidents See 10% Increase Over Three Year Period

California Fatal Pedestrian Accidents See 10% Increase Over Three Year Period

The loss of a loved one in a pedestrian accident is a devastating experience, and unfortunately, it’s a tragedy that affects too many families in California and across the nation. While recent data offers some hope for California, the overall number of pedestrian fatalities remains alarmingly high, underscoring a persistent safety crisis. Nationally, in the first half of 2024, drivers struck and killed 3,304 people walking. While this is a slight decrease from the previous year, it’s a staggering 48% higher than a decade ago.

California has recently seen a notable reduction in these tragic incidents, with a 12.9% decrease in pedestrian deaths in the first half of 2024 compared to the same period in 2023. This improvement is encouraging, yet as the California Office of Traffic Safety (OTS) rightly states, “the only acceptable number of traffic deaths is zero.” If you’ve been impacted by a pedestrian accident, understanding the current situation, your rights, and your options is crucial.

California Pedestrian Accident Statistics (Updated 2024)

The statistics surrounding pedestrian accidents paint a sobering picture, though recent California-specific data shows some positive movement. In 2023, California recorded 1,057 pedestrian fatalities. This marked a significant 12.5% decrease from the 1,208 deaths in 2022. The state’s pedestrian fatality rate per 100,000 people also improved, dropping to 2.71 from 3.09 the prior year. This positive trend continued into the first half of 2024, with 65 fewer pedestrian deaths in California compared to the first six months of 2023.

However, looking at the broader context, in 2022, pedestrians accounted for 26% of all motor vehicle fatalities in California, with 1,158 lives lost according to SafeTREC Berkeley. Nationally, 7,314 pedestrians were killed in 2023, making up 18% of all traffic fatalities. While the 2023 national figure represents a 5.4% decrease from 2022, it is still 14.1% higher than pre-pandemic levels in 2019.

Although fatal pedestrian accidents can happen anywhere, they are far more common in highly populated urban areas. Los Angeles County consistently reports the highest number of pedestrian fatalities in the state. Other major cities like San Diego, San Bernardino, Sacramento, and Riverside also see high numbers of these tragic incidents.

A concerning factor contributing to the severity of pedestrian injuries is the increasing size and weight of vehicles on our roads. While any vehicle can be involved in a deadly pedestrian accident, larger vehicles like SUVs and trucks are often more likely to cause fatal injuries due to their higher front-end profiles and greater mass. Data indicates that a significant percentage of individuals killed in crashes involving large trucks are pedestrians or bicyclists.

When Are Pedestrian Accidents the Most Common?

Pedestrian accidents can occur at any time, but certain conditions and behaviors significantly increase the risk. Understanding these factors is key to prevention and to identifying negligence.

Nighttime and Low Visibility: The vast majority of fatal pedestrian accidents happen at night. In 2023, a staggering 77% of pedestrian fatalities nationwide occurred in the dark. In California during 2022, over half of all fatal pedestrian crashes took place between 6 p.m. and midnight, with Saturday evenings being a peak time. Limited visibility for drivers is a major contributing factor.

Common Driver Errors and Negligence: Many pedestrian accidents are the direct result of driver negligence:

• Distracted Driving: Cell phones, GPS devices, passengers, or eating while driving can divert a driver’s attention with tragic consequences.
• Speeding: Exceeding speed limits or driving too fast for conditions drastically reduces a driver’s reaction time and increases impact severity. A pedestrian’s risk of death climbs sharply with vehicle speed. In California, unsafe speed is a primary factor in a significant number of fatal and serious injury pedestrian crashes.
• Driving Under the Influence (DUI): Alcohol and drug impairment severely affect a driver’s judgment, coordination, and reaction time. In 2023, nearly half of all crashes resulting in pedestrian fatalities involved alcohol use by either the driver or the pedestrian.
• Failure to Yield Right-of-Way: This is a common cause, especially at crosswalks. In California, violations of pedestrian right-of-way by drivers account for a substantial percentage of severe pedestrian crashes.
• Disobeying Traffic Signals: Running red lights or stop signs puts pedestrians in immediate danger.
• Hit-and-Run Accidents: Alarmingly, almost a quarter of fatal pedestrian accidents involve hit-and-run drivers who flee the scene, compounding the tragedy and complicating the pursuit of justice.

Infrastructure and Environmental Factors: Poorly lit streets, a lack of sidewalks forcing people to walk in the road, and road designs that prioritize vehicle speed over pedestrian safety also contribute to these accidents.

Pedestrian-Related Factors: While drivers are often at fault, pedestrian actions can sometimes contribute. In California, “pedestrian violation” is often listed as a primary crash factor. This can include jaywalking unsafely or being distracted. However, it’s important to consider if inadequate infrastructure, like a lack of safe crossings, played a role.

Understanding Your Rights: California Pedestrian Laws

California law provides specific rights and responsibilities for pedestrians to enhance safety.

• Definition of a Pedestrian: Under California Vehicle Code (CVC) 467, a pedestrian includes anyone on foot, or using devices like skateboards, non-motorized scooters, or wheelchairs.
• Right-of-Way at Crosswalks: CVC 21950 mandates that drivers yield the right-of-way to pedestrians in marked or unmarked crosswalks at intersections. Drivers must slow down or stop. However, pedestrians cannot suddenly enter traffic if it poses an immediate hazard.
• The “Freedom to Walk Act” (AB 2147): Effective in 2023, this law decriminalized “jaywalking” (crossing outside a crosswalk or against a signal) if done safely and without creating an immediate collision hazard. It does not make all jaywalking legal or safe, and pedestrians can still be ticketed for unsafe crossings.
• Driver Responsibilities: Drivers must exercise due care to avoid hitting pedestrians. They are prohibited from blocking crosswalks (CVC 21970) and must yield to pedestrians on sidewalks (CVC 21952).
• Pedestrian Responsibilities: Pedestrians crossing outside of crosswalks must yield to vehicles that pose an immediate hazard (CVC 21954). They must also obey traffic signals. If no sidewalk is available, pedestrians should walk facing oncoming traffic on the road’s edge.

Can I File a Wrongful Death Claim For a Fatal Pedestrian Accident?

If you lost a loved one in a pedestrian accident, you may wonder how you can hold the responsible driver accountable. Depending on the circumstances surrounding the accident, the driver could be held criminally liable by the police. Aside from the criminal charges the driver may face, you can file a wrongful death claim or lawsuit to hold them financially responsible. 

Unfortunately, not everyone can recover wrongful death damages. Those who can file include:

• The victim’s spouse or domestic partner 
• The victim’s children and step-children
• The victim’s parents
• The victim’s minor dependents 

Seeking Damages After a Fatal Pedestrian Accident

To recover damages from a driver, you need to be able to prove their negligence. Although motorists are often at fault for pedestrian fatalities, pedestrians can also be at fault. For example, if a pedestrian was drunk and suddenly entered a roadway illegally, the driver who hit them may not be considered liable.

When seeking wrongful death damages, you need to supply as much evidence as possible proving that the negligent driver was directly responsible for your loved one’s death, including:

• Photographic and video evidence
• Eyewitness statements
• A police accident report
• Toxicology reports indicating the driver was under the influence of drugs or alcohol
• An accident reconstruction expert
• Medical expert witness testimony
• Cell phone records indicating the driver was distracted at the time of the crash

If you are considering filing a wrongful death claim or lawsuit, the most important thing you need to do is contact a wrongful death attorney, as a skilled legal team will substantially increase your likelihood of recovering damages. 

Critical Steps to Take After a Pedestrian Accident in California

If you or someone you know is involved in any pedestrian accident, the actions taken immediately afterward can be critical for health and any potential legal claim.

1. Prioritize Safety and Seek Medical Attention: Move to a safe location if possible. Call 911 immediately to report the accident and request medical help, even if injuries seem minor.
2. Report to the Police: Ensure a police report is filed. Obtain the officer’s name, badge number, and the report number.
3. Gather Information (If Able): Collect the driver’s name, contact, license, insurance, and vehicle details. Get contact information from any witnesses.
4. Document the Scene: Take photos and videos of the scene, vehicles, injuries, road conditions, and anything relevant.
5. Avoid Admitting Fault: Stick to factual statements. Do not apologize or speculate about blame.
6. Be Cautious with Insurance Adjusters: It’s often best to consult an attorney before giving a recorded statement to the other party’s insurer. Do not sign documents or accept quick settlements without legal advice.  
7. Preserve Evidence: Keep damaged clothing or personal items.
8. Consult a Pedestrian Accident Lawyer: An attorney can protect your rights, investigate, and handle the complexities of your claim.  

Contact a California Pedestrian Accident Attorney

If you were injured or lost a loved one because of a driver’s negligence, you need to contact a California pedestrian accident attorney. Here at Sally Morin, we help residents in Los Angeles, San Francisco, San Jose, and other cities recover the compensation they deserve from negligent drivers, and we can help you recover personal injury or wrongful death damages. 

You can take action right now by scheduling a free case evaluation with our team online or by calling 877-380-8852.