Pedestrian accidents in San Bernardino County happen more often than you might think, with numerous incidents resulting in serious injuries. The increasing number of vehicles on the road, coupled with distracted or negligent driving behaviors, has heightened the risks for individuals traveling on foot. After these unfortunate events, it is vital to understand one’s legal rights and the avenues for seeking compensation.

The San Bernardino County pedestrian accident lawyers at Lerner Moore Silva Cunningham & Rubel represent individuals injured in these accidents. With significant personal injury law experience, our skilled team members are committed to guiding clients through the legal process. Every case is different, and we leverage our knowledge to strategize effective plans to achieve the best outcomes for our clients.

What Are the Common Causes of Pedestrian Accidents?

Many pedestrian accidents result from driver negligence:

• Distracted Driving: Using a phone, adjusting the radio, or other distractions reduce a driver’s awareness.
• Speeding: Higher speeds decrease reaction time and increase the severity of collisions.
• Failure to Yield at Crosswalks: Drivers who do not stop for pedestrians create hazardous situations.
• Driving Under the Influence: Alcohol or drug impairment affects judgment and reaction times.
• Poor Lighting: Limited visibility at night increases accident risks.
• Adverse Weather Conditions: Rain, fog, and snow make it harder for drivers to see and stop in time.
• Inadequate Pedestrian Infrastructure: Lack of sidewalks, crosswalks, or signals heightens dangers.

These accidents can also be caused by pedestrians who are distracted or do not adhere to traffic signals.

What Other Driver Behaviors Cause Pedestrian Accidents?

Pedestrian accidents usually are not always caused by negligence; driver errors can happen during:

• U-turns: Legal and illegal U-turns are dangerous in nature since they are complete changes in direction.
• Left or Right Turns: Drivers who are busy looking for other vehicles might not see pedestrians when turning.
• Backing Up: A driver’s field of vision is limited when backing up. As with these other maneuvers, drivers might not see pedestrians in their blind spots.

What Steps Should Be Taken Immediately After a Pedestrian Accident?

Following a pedestrian accident, it is important to prioritize safety and health. Call 911 even if the injuries appear minor, as some conditions may not manifest symptoms right away. Even if you do not need an ambulance, the responding officers can provide a police report to use as evidence. Follow up with a medical evaluation as soon as possible if you do not go to the ER.

Our San Bernardino County pedestrian accident lawyers also recommend documenting the accident scene by taking photographs of the scene and your injuries; note if there is a traffic camera nearby. It is also important to gather contact information of witnesses and snap photos of the driver’s vehicle, license plate, driver’s license, registration, and insurance information.

Can a Pedestrian Be at Fault for an Accident?

Yes, pedestrians can be found partially or fully at fault in certain situations. Jaywalking, crossing against traffic signals, being distracted by a phone, or being under the influence of alcohol can contribute to an accident.

In California, the principle of comparative negligence applies to personal injury cases. So, if a pedestrian is partially at fault, their compensation may be reduced proportionally to their degree of fault. While suing a driver for your injuries is possible, the court would determine the fault percentages. That is why our San Bernardino County pedestrian accident lawyers stress the importance of gathering key evidence and presenting it effectively.

What About Jaywalking?

California’s “Freedom to Walk Act” was passed in 2023, overturning the state’s previously strict jaywalking law. In the past, you could be fined up to $250 for jaywalking. Now, pedestrians cannot be fined or stopped for jaywalking unless there is a dangerous situation like a potential collision.

Bear in mind that this law does not mean that pedestrians are free to do whatever they wish. They must still be cautious when crossing streets. When pedestrians are hit while jaywalking, liability is established on a case-by-case basis.

What Types of Compensation Are Available to Injured Pedestrians?

Injured pedestrians may be entitled to various forms of compensation, depending on the specifics of the case. This can include coverage for medical expenses, both current and future, lost wages due to inability to work, and compensation for pain and suffering. In cases where the driver’s conduct was particularly egregious, punitive damages might also be considered. A detailed evaluation of the accident’s impact on the individual’s life is necessary to determine appropriate compensation.

How Long Do Injured Pedestrians Have to File a Claim in California?

In California, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. However, if the claim is against a government entity, such as when poor road conditions contribute to the accident, the timeframe is often significantly shorter, requiring a claim to be filed within six months. It is advisable to consult with legal counsel promptly to ensure compliance with these deadlines.

Why Is Legal Representation Important in Pedestrian Accident Cases?

Our San Bernardino County pedestrian accident lawyers help clients navigate the complexities of pedestrian accident cases, starting with free consultations. Our team members explain legal options, gather evidence, negotiate with insurance companies, and advocate on behalf of the injured party to pursue fair compensation. We are also adept at interpreting relevant laws and statutes that may affect the outcome of a case. Our goals are always the same: Fight to pursue the maximum amount of compensation for clients while treating them with professionalism and compassion.

San Bernardino County Pedestrian Accident Lawyers at Lerner Moore Silva Cunningham & Rubel Help Clients Pursue Justice for Their Injuries

Let the seasoned San Bernardino County pedestrian accident lawyers at Lerner Moore Silva Cunningham & Rubel assist in alleviating the burden on you or a loved one while trying to focus on recovery after your accident. For a free consultation, call our Ontario or Victorville, California office at 909-889-1131 or contact us online. We serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.