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Santa Cruz Pedestrian Accident Lawyer  

Pedestrian accidents are on the rise nationwide. The National Highway Traffic and Safety Administration publishes annual statistics about pedestrian accidents in the United States. Here in California, pedestrian fatalities rose an alarming 38.4 percent from 2008 to 2017, and our yearly fatality data is consistently above the national average.

Walking is one form of transportation that most of us embark on daily, whether getting from point A to point B, an environmentally friendly mode of transportation, walking for exercise, or just a leisurely stroll. Especially here in California, where our climate is especially conducive to being outdoors, walking is an essential way of getting around. But unfortunately, being a pedestrian is getting less safe each year.

If you have been injured as a pedestrian in Santa Cruz, you should seek the advice of a Santa Cruz personal injury lawyer to understand your legal rights.

What Is Considered a Pedestrian in California?

While most individuals define a pedestrian as someone who is moving on foot, the law defines pedestrians somewhat differently. According to the California Department of Motor Vehicles, the definition of pedestrian “is a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or wheelchair for transportation.”

Why Are Pedestrian Accidents on the Rise?

Pedestrian accidents are on the rise, yet we aren’t walking or driving any more than we were a decade ago. And while driving appeared to be getting safer during the time period between 2008 and 2017, according to the NHTSA, more people were fatally injured than ever before. What is causing this?

As in many cases around the country, we are designing our streets for vehicles and not pedestrians, often prioritizing high speeds over pedestrian safety. Other factors that may be contributors include:

• Vehicle size -- Many people are choosing larger vehicles such as SUVs and trucks that cause far more serious injuries when they come into contact with the human body. And because of their higher profile, injuries will be higher on the body and more life-threatening than injuries to lower extremities. From 2009 to 2016, fatalities due to being hit by an SUV have increased by 81 percent.

• Distracted driving -- Now rivaling driver drug and alcohol impairment, driver distraction is on the rise across the nation despite crackdowns in most states. In 2018 alone, 400 pedestrians were killed by a distracted driver  in the United States, according to NHTSA. In July 2021, California will add new penalties to its existing hands-free laws. Pedestrian distraction can also factor into accident injuries and fatalities.

• Alcohol and drug use -- Alcohol and drug impairment reduces reaction time and increases the chances of pedestrian accidents. Nearly half of pedestrian fatalities in the year 2018 involved alcohol or drug use, both by pedestrians and motorists alike.

• Speeding and unsafe driving -- Speeding, reckless driving, and aggressive driving commonly cause pedestrian accidents in California. A speeding car that hits an unprotected pedestrian can lead to life-altering injuries and wrongful death.

• Unsafe pedestrian crossings -- Pedestrians often need to cross at unsafe intersections without updated equipment, leading to many fatalities. This is particularly true at night or when visibility is low or insufficient.

• Quiet cars -- Electric and hybrid vehicles are far quieter than their gas-engined counterparts. This has proven to be one downfall, with blind pedestrians at particular risk.

• Pedestrian errors -- Pedestrians who fail to abide by the laws and don’t walk at specified crosswalks and signs when available are putting themselves in danger.

If negligence factors into a pedestrian accident, the injured party may be able to collect compensation for their damages. A Santa Cruz pedestrian accident attorney can help.

The Vulnerability of Pedestrians

Because of a lack of protection, any time a motor vehicle meets a pedestrian, the pedestrian is the more vulnerable party and subject to serious, disabling, and often life-threatening injuries. A pedestrian is smaller, less visible, and does not have the same safety protections as a driver who has the protection of a vehicle with seatbelts and airbags. Consequently, even at low speeds, a pedestrian can be seriously injured.

When a car comes into contact with a body in a pedestrian accident, the most common injuries involve the body’s lower extremities. Nearly 50 percent of injured pedestrians experience some damage in the way of ligament, muscle, and bone injuries to the lower body. The second most common injuries, at 38 percent, occur to the head, neck, and face, particularly when a pedestrian’s body hits the hood or windshield of the car. Approximately 27 percent of pedestrians may suffer injuries to the upper extremities (arms, wrists, and hands.) 

Common injuries in pedestrian accidents include

• Head injuries, traumatic brain injuries, concussions -- Resulting from a blow or violent jolt to the head or body, a brain injury can be mild to one that causes long-term consequences or even death.

• Spinal cord injuries -- Damage to any part of the spinal column, spinal cord, or associated nerves can cause permanent and life-altering damages or disabilities.

• Compound fractures -- Compound fractures are broken bones that create an open wound or break in the skin. These are more serious than common fractures and are often subject to a secondary infection.

• Crush injuries -- Crush injuries happen when intense force is put upon the body, often resulting from the body being squeezed between two heavy objects.

• Internal bleeding -- Internal injuries create bleeding inside the body where they are difficult to see until they create other dangerous symptoms.

• Internal organ damage -- Internal organ damage will most often require surgery and can result in the organ’s loss or removal of a portion of it.

• Soft tissue injuries -- Soft tissue injuries involve the skin, muscles, tendons, or ligaments in the body and can range in severity from mild to catastrophic.

• Burns, scarring, and disfigurement -- Burns, scars, and disfigurement injuries can lead to lifelong suffering, chronic pain, and are often subject to re-injury.

• Amputation -- A traumatic amputation is the accidental loss of a limb in an accident. This can lead to profuse bleeding, shock, infection, and can be life-threatening if not medically attended to immediately.

• Paralysis -- Paralysis is the loss of control of parts of the body which can have debilitating and lifelong effects.

• PTSD -- Post-traumatic stress disorder is a mental health reaction that can be caused by living through a terrifying event or accident and can cause disabling anxiety, flashbacks, and uncontrollable thoughts.

• Wrongful death -- Wrongful death is when an individual is killed by the negligence or misconduct of others, and loved ones have suffered damages because of it.  

An injured party will most often come away from these accidents with significant costs and sometimes long-term disabilities. If you have been injured in a pedestrian accident, a California pedestrian accident attorney will be able to help you hold the at-fault liable for your costs and damages.

Common Accidents Causing Pedestrian Injuries 

Because both drivers and pedestrians share the road, they both share a duty of care toward the other. But accident statistics show that drivers are more than 50 percent at fault for pedestrian accidents in California. These accidents are caused by

• Speeding and unsafe driving -- Speeding is not only against the law, but it is considered negligence if it causes an injury or fatality to another. Unfortunately, the faster the vehicle, the more force of impact and potential serious injuries to a pedestrian.

• Distracted drivers -- Anything that takes a driver’s eyes and attention off the road leads to a potential for a serious accident and puts unsuspecting pedestrians at risk.

• Impaired drivers -- Drivers who are impaired by drugs or alcohol suffer in their general driving skills and will not be able to react quickly to pedestrians in their path.

  Failure to yield -- Pedestrians have the right-of-way at intersections within both marked and unmarked crosswalks, according to California Vehicle Code 21950: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” Running stop signs and lights and failure to yield put pedestrians’ lives at risk.

• Backing up accidents -- Many accidents happen because drivers fail to check behind them when backing up, putting pedestrians at grave risk of being run over.

If a driver breaks the law while causing an accident leading to injuries or a fatality, they will be liable under the concept of negligence per se. If you have been injured in an accident as a pedestrian, a pedestrian accident lawyer in Santa Cruz can ensure your rights to compensation for any injuries and other damages you have sustained. 

Getting the Legal Advice of a Santa Cruz Pedestrian Accident Attorney

If you have suffered injuries and damages as a result of a pedestrian accident, you understand the overwhelm and vulnerability that a victim feels in the aftermath of an accident.  Medical bills, lost wages, property damages, and other costs associated with an injury add up quickly. At Wave Law Firm, we will work hard to hold the at-fault party accountable for your damages so you can focus on healing. Contact us today for a no-cost consultation.