Can a Pedestrian Sue if Hit By a Car?

cartwrightlaw - July 18, 2024 -

If you have been hit by a car while walking, you may be wondering whether you can sue. In many cases, pedestrians that are struck by a vehicle can sue the driver for damages. Pedestrians have the right of way in many situations, and drivers are responsible for exercising caution and yielding to pedestrians in crosswalks, intersections, and other designated areas.

A Discovery Bay car accident lawyer can help get justice and compensation for injuries, pain, and loss that you or a loved one suffered as a pedestrian.

Definition of Pedestrian

A pedestrian is defined as anyone traveling on foot, whether walking, running, jogging, hiking, or moving with the aid of a mobility device such as a wheelchair or cane. This definition also includes individuals who are working on or adjacent to a roadway, such as construction workers or emergency responders.

Pedestrian accident statistics in California

Unfortunately, pedestrian accidents are all too common, particularly in densely populated areas like California. According to the California Office of Traffic Safety, pedestrian fatalities in the state have been on the rise in recent years, with over 1,000 pedestrians losing their lives in collisions with vehicles each year.

Suing the driver for a pedestrian collision

If a pedestrian is hit by a car, they may have grounds to file a personal injury lawsuit against the driver. To succeed in such a claim, the pedestrian must prove that the driver was negligent or failed to exercise reasonable care and that this negligence directly caused the accident and resulting injuries.

Several factors can contribute to a driver’s negligence in a pedestrian collision, including:

Speeding or reckless driving
Failure to yield the right of way
Distracted driving (texting, eating, etc.)
Driving under the influence of drugs or alcohol
Ignoring traffic signals or signs

In addition to proving the driver’s negligence, the pedestrian must also demonstrate the extent of their injuries and damages. This can include medical expenses, lost wages, pain and suffering, and any long-term or permanent disabilities resulting from the accident.

It’s important to note that pedestrians also must exercise reasonable care and follow traffic laws and signals. If a pedestrian’s own negligence contributed to the accident, such as jaywalking or disregarding a “Don’t Walk” signal, it could potentially reduce or even eliminate the driver’s liability.

Get Help From A Discovery Bay Car Accident Lawyer

If you or a loved one has been hit by a car while walking, you may be entitled to compensation for your injuries and damages. However, navigating the legal process and proving fault can be complex, especially when dealing with the aftermath of a traumatic accident.

Our experienced Cartwright Law Firm pedestrian accident attorneys are here to help. We have a proven track record of success in holding negligent drivers accountable and securing fair compensation for our clients.

Contact us today by calling (415) 851-6486 or online for a free, no-obligation consultation. We’ll review the details of your pedestrian accident case, explain your legal options, and fight tirelessly to protect your rights and secure the justice you deserve.