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Have You Recently Been Involved in a Pedestrian Accident, Leaving You With Injuries and Financial Stress?
With years of experience handling pedestrian accident cases, Goldberg & Loren has the expertise and dedication to fight for your rights and hold the responsible party accountable.
You shouldn’t have to suffer alone. Let Goldberg & Loren be your advocate and ensure that you receive fair compensation for your injuries, lost wages, and medical expenses.
Contact Goldberg & Loren today to schedule a free consultation and take the first step towards getting the legal help you need and deserve.
What is a Pedestrian Accident?
A pedestrian accident is an incident in which a person who is walking, running, jogging, or standing on a sidewalk, crosswalk, or other pedestrian area is hit by a vehicle.
More than 7,000 pedestrians were killed on our nation’s roads in crashes involving a motor vehicle in 2020. That’s about one death every 75 minutes.
There were an estimated 104,000 emergency department visits of pedestrians treated for non-fatal crash-related injuries in 2020. [1]
Causes of Pedestrian Accidents
There are many causes of pedestrian accidents; some of the most common include:
- Negligent Driver:
This is the most common cause of pedestrian accidents. Drivers may not be paying attention, be under the influence of alcohol or drugs, or be driving at excessive speeds.
One in six people who died in crashes in 2020 were pedestrians. [1]
- Distracted driving:
Drivers who are distracted by cell phones, texting, eating, or other activities are more likely to cause accidents. - Poor visibility:
Drivers may not be able to see pedestrians due to poor lighting, weather conditions, or obstructed views. - Failure to yield:
Drivers who do not yield to pedestrians in crosswalks or at intersections are a common cause of accidents. - Jaywalking:
Pedestrians who do not use crosswalks or cross streets in non-designated areas are putting themselves at risk for accidents. - Intoxication:
Pedestrians who are under the influence of alcohol or drugs may not be aware of their surroundings or may make poor decisions when crossing streets. - Infrastructure:
Poorly designed or maintained pedestrian infrastructure, such as sidewalks, crosswalks, and traffic signals, can contribute to accidents.
Risk Factors for a Pedestrian Accident
Traffic Signals and Marked Crosswalks
Traffic signals and crosswalks may create a false sense of security for pedestrians. Pedestrians may assume that it is safe to cross the street when a traffic signal indicates that they have the right of way or when they are in a marked crosswalk. Drivers may still fail to yield to pedestrians, leading to accidents.
Crosswalks may be too narrow, creating a danger for wheelchair users or those with mobility issues. Traffic signals may not have audible or visual cues, making it difficult for people with visual or hearing impairments to cross safely.
Traffic signals may create a situation where drivers are more focused on the changing lights than on the presence of pedestrians in or near the crosswalk. This may lead to careless driving, especially when drivers are making turns.
Bad Weather Conditions
Bad weather can significantly increase the risk of pedestrian accidents. Here’s how:
- Reduced visibility:
Rain, snow, fog, or other weather conditions can reduce visibility for both motorists and pedestrians. This can make it difficult for motorists to see pedestrians crossing the street, especially when they are wearing dark clothing or not using reflective gear. - Slippery roads and sidewalks:
Wet or icy roads and sidewalks can make it difficult for pedestrians to maintain their balance. This can lead to slips, falls, and other accidents. Drivers may also have difficulty braking or stopping on wet or icy roads, which can increase the chances of hitting a pedestrian. - Reduced mobility:
In extreme weather conditions, such as heavy snow or ice, pedestrians may have difficulty walking or moving. This can make them more vulnerable to accidents, as they may not be able to move out of the way of oncoming traffic quickly enough.
Influence of Alcohol or Electronic Devices
The influence of alcohol or electronic devices is a significant risk factor in pedestrian accidents. Here’s why:
- Alcohol:
Pedestrians who are intoxicated may have impaired judgment, balance, and reaction time, which can make them more vulnerable to accidents. They may also be less aware of their surroundings or take risks that they would not take when sober, such as crossing the street when it is not safe to do so.
According to the most recent GHSA report, 33 percent of pedestrian fatalities involved a pedestrian with a blood alcohol content above the legal driving limit. [2]
Drivers who are under the influence of alcohol have reduced coordination, slower reaction times, and a tendency to swerve, which can increase the likelihood of hitting a pedestrian.
- Electronic Devices:
Pedestrians who are distracted by electronic devices, such as cell phones, tablets, or headphones, are at an increased risk of accidents due to their reduced awareness of their surroundings.
The use of such devices may cause distractions to pedestrians while crossing the road, often leading to them failing to detect the presence of an oncoming vehicle.
Drivers who are also texting or using electronic devices while driving are also at an increased risk of causing pedestrian accidents, as they may become distracted and fail to notice pedestrians crossing the street.
Our lawyers at Goldberg & Loren are experienced in handling personal injury cases involving pedestrians who have been injured or killed as a result of driver negligence, distracted driving, or other types of accidents.
Lack of Eye Contact with Driver
When a pedestrian and driver make eye contact, it establishes a line of communication that helps both parties understand each other’s intentions.
A driver may signal for a pedestrian to cross the road, or a pedestrian may signal for a driver to slow down or stop.
Not making eye contact with a driver can also be dangerous for pedestrians, as it may cause them to assume that the driver has seen them and will stop. This can lead to the pedestrian stepping out into the road without looking, expecting that the driver will yield, which can result in an accident.
According to NHTSA data, in 2021, most pedestrian traffic deaths occurred in urban settings (84%), on the open road (77%) versus intersections (23%), and during dark conditions with or without artificial lighting (74%). The largest number of pedestrian deaths occur on Fridays (1,248), closely followed by Saturdays (1,220), and the majority of these deaths happen during dark conditions. [3]
Table of Contents
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What is a Pedestrian Accident?
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Causes of Pedestrian Accidents
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Risk Factors for a Pedestrian Accident
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Common Injuries from a Pedestrian Accident
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Who is Liable in a Pedestrian Accident?
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Legal Implications of a Pedestrian Accident
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What Compensation is Available?
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Why Hire Goldberg & Loren as Your Pedestrian Accident Lawyer
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Sources
Common Injuries from a Pedestrian Accident
Spinal Cord
Pedestrian accidents can cause spinal cord injuries through a number of mechanisms, such as impact, compression, or twisting of the spine.
When a pedestrian is struck by a vehicle, the impact can cause the body to be thrown or twisted in a way that injures the spinal cord.
The severity of the injury will depend on a number of factors, such as the speed and size of the vehicle, the angle of impact, and the physical condition of the victim.
Spinal cord injuries can result in a range of symptoms, including paralysis, numbness or tingling in the arms or legs, loss of bladder or bowel control, paralysis, and difficulty breathing.
These symptoms can be permanent and can significantly impact a person’s quality of life, requiring ongoing medical care and rehabilitation.
If you have suffered a spinal cord injury as a result of a pedestrian accident, seek medical attention immediately and obtain legal advice from an experienced personal injury attorney at Goldberg & Loren.
We can help you understand your legal rights and options, including pursuing compensation for medical expenses, lost income, and pain and suffering. With our help, you can focus on your recovery and getting your life back on track.
Severe Brain Injury
Severe brain injuries can be caused by a number of mechanisms in a pedestrian accident, including direct impact, acceleration/deceleration forces, or penetration by objects.
Symptoms of severe brain injury can include loss of consciousness, confusion, memory loss, headaches, seizures, and changes in mood or behavior. These symptoms can be permanent and require ongoing medical care and rehabilitation.
Broken Bones and Soft Tissue Damage
Injuries from pedestrian accidents can range from minor to severe, depending on the circumstances of the accident.
Broken bones are a common outcome of pedestrian accidents, as the impact from a vehicle or other object can be significant enough to cause fractures.
Soft tissue damage involves damage to ligaments, tendons, or muscles, and can result in sprains, strains, or contusions.
Minor Injuries
Pedestrian accidents can result in minor injuries such as cuts, abrasions, and bruises, in addition to more serious injuries such as broken bones and brain injuries.
While minor injuries may not require long-term medical treatment or care, they can still result in medical bills, lost wages, and other related expenses.
Who is Liable in a Pedestrian Accident?
In most cases, the driver of the vehicle involved in a pedestrian accident is considered liable. This may be the case if the driver was negligent, such as driving under the influence of drugs or alcohol, driving while distracted, or failing to yield to pedestrians in a crosswalk.
The driver may also be held liable if they were speeding, driving recklessly or illegally, or not following traffic laws.
In some cases, the pedestrian may also be partially or fully liable for the accident. This may be the case if the pedestrian was jaywalking or crossing the street in a location where they were not supposed to be.
If the pedestrian was not paying attention, intoxicated, or distracted by electronic devices, they may also be partially liable.
Legal Implications of a Pedestrian Accident
Pedestrian accidents can have significant legal implications for both the driver and the pedestrian involved in the accident. Some of the possible legal implications include the following:
- Personal Injury Claims:
If a pedestrian is injured in an accident, they may be able to file a personal injury claim against the driver to recover compensation for their injuries, medical bills, lost wages and pain and suffering. - Criminal Charges:
If the driver was operating their vehicle while under the influence of drugs or alcohol, or committed other traffic violations resulting in the accident, they may also face criminal charges, including reckless or careless driving or vehicular manslaughter. - Liability Claims:
The driver's insurance company may be held liable and ordered to pay damages to the pedestrian if the investigation concludes that the driver was at fault. - Contributory negligence:
The driver may also make a defense claim of contributory negligence, claiming that the pedestrian was also at fault in the accident.
What Compensation is Available?
Compensation for a pedestrian accident can include economic and non-economic damages.
- Medical expenses:
This includes compensation for past, present, and future medical treatment related to the accident, such as hospital bills, doctor's fees, medications, and therapy. - Lost wages:
This includes compensation for any time missed from work as a result of the accident, as well as any future loss of earning capacity. - Property damage:
This includes compensation for any damage to personal property, such as a bicycle, as a result of the accident. - Pain and suffering:
This includes compensation for physical and emotional pain, trauma, and distress caused by the accident. - Loss of companionship or consortium:
If the victim is married, their spouse may be entitled to compensation for the loss of the victim's companionship, support, and affection, as a result of the injuries suffered in the accident. - Punitive damages:
In cases where the at-fault party’s actions were particularly egregious or willful, punitive damages may be awarded. Punitive damages are meant to punish the at-fault party and deter similar behavior from happening in the future.
The type and amount of compensation an individual may receive depends on the specific circumstances of the accident, such as the severity of the injuries suffered, the extent of property damage, and the degree of negligence on the part of the at-fault party.
An experienced pedestrian accident lawyer at Goldberg & Loren can provide guidance and assist in obtaining the maximum amount of compensation available under the circumstances.
Why Hire Goldberg & Loren as Your Pedestrian Accident Lawyer
Goldberg & Loren has years of experience representing victims of pedestrian accidents and their families. We have handled a wide variety of cases involving pedestrian accidents and fully understand the complexities of personal injury law. This experience allows us to get the best possible outcome for our clients.
We provide personal attention to our clients and work closely with you to determine the best legal approach for your case. We take the time to get to know you and fully understand your needs and goals for your claim.
No Win, No Fee
Our personal injury lawyers operate on a contingency fee basis, which means that if we don’t win your case, you don’t pay anything. This helps to ensure that even those with limited financial resources can still receive top-quality legal representation.
Have you recently been involved in a pedestrian accident?
Contact Goldberg & Loren today to have an experienced lawyer help you through the often-complex legal process of a pedestrian accident case. We are here to fight for your rights and ensure that you receive the compensation you are entitled to.
Sources:
[1] Pedestrian Safety | Transportation Safety | Injury Center | CDC. (2022, May 13). Pedestrian Safety | Transportation Safety | Injury Center | CDC. https://www.cdc.gov/transportationsafety/pedestrian_safety/index.html
[2] Domonoske, C. (2018, February 28). Pedestrian Fatalities Remain At 25-Year High For Second Year In A Row. NPR. https://www.npr.org/sections/thetwo-way/2018/02/28/589453431/pedestrian-fatalities-remain-at-25-year-high-for-second-year-in-a-row
[3] Pedestrians and Car Crashes – Injury Facts. (n.d.). Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/road-users/pedestrians/
Have you or has a loved one been injured in a pedestrian accident? You may have a personal injury case. Contact us to find out!
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