Pedestrian Accident Injury Lawyers in Fresno, CA

FRESNO CALIFORNIA PEDESTRIAN ACCIDENT LAWYERS
Every day in California, pedestrians who are crossing in a crosswalk, jogging down the street, walking through a parking lot and even walking on the sidewalk are stuck by a cars or trucks. Obviously, a pedestrian does not have the luxury of a seat belt, the steel protection of a car, or even the luxury of a motorcycle helmet.

There are several dangerous areas where pedestrians are at higher risk: near the confusion of a construction site, while crossing the street (particularly where there is no crosswalk) while walking alongside a road (and not on a sidewalk).

Some professions, activities, and demographics that are high risk for pedestrian impact injuries include utility workers, landscapers, police officers, garbage collectors, runners, the elderly (because it takes them longer to cross the street, and they are sometimes less able to evade negligent drivers) and children.
PROVING LEGAL RESPONSIBILITY IN A PEDESTRIAN ACCIDENT
 
Contrary to popular belief, a police report is typically not evidence in a pedestrian accident lawsuit. The report, which may have a police officer's opinion about whether the pedestrian was at fault for the collision, is usually inadmissible at court. This is a good thing in many pedestrian accident cases.

The police - most police officers anyway - do not understand the deference California Law gives to pedestrians. Most pedestrian accident cases hinge on whether the pedestrian was lawfully where he was at the time of impact. This is especially true if the pedestrian was hit while crossing the street - the defense will be that the pedestrian crossed against the signal, or crossed outside of a crosswalk.
 
Pedestrian accident lawyer in Fresno Ca | Bicycle rider hit by car | Personal injury | Tryk Law
 
IMPORTANT COMMONLY USED EVIDENCE IN PEDESTRIAN ACCIDENT MATTERS
  1. Statements of any witnesses, particularly witnesses who have no relationship to the pedestrian;
  2. Photographs or video (often from red light cameras, traffic cameras, or security cameras from neighboring businesses);
  3. Skid marks (indication the location of impact);
  4. Cell phone records showing that the negligent driver was talking on a cell phone or texting at the time of the accident;
  5. Defenses to California Pedestrian Accident Lawsuits;
  6. Defense lawyers in California pedestrian accidents often contend that the pedestrian was comparatively negligent;
  7. In California, a victim who is even 1% negligent is not allowed to recover in a civil lawsuit;
  8. Defense lawyers are pulling out all of the stops, and try to convince a jury that the pedestrian was distracted (using a cell phone or MP3 player). Often, a good investigation can destroy these defenses.
WHO PAYS FOR YOUR INJURIES SUFFERED IN A PEDESTRIAN ACCIDENT?
One important question in California pedestrian accidents is whether there is any insurance coverage to pay for the pedestrian's injuries. The simple case is where the negligent driver has insurance – that driver's insurance will be responsible to pay for the pedestrian's injuries.

If the at-fault driver does not have insurance, flees the scene and cannot be found (hit-and-run accident), or has low insurance that won't cover the full cost of the pedestrian's injury, then the pedestrian's automobile insurance policy will kick in if it has uninsured/underinsured coverage.
PEDESTRIAN ACCIDENT STATS
  1. 1998: 70,000 pedestrian crashes in the United States (1.1% of all police-reported crashes) (NHTSA);
  2. 1998: 5,294 fatal pedestrian crashes in the United States (NHTSA);
  3. 1998: children aged 5 to 9 were involved in 14% of all pedestrian crashes (NHTSA);
  4. 2008: 112 Fatal pedestrian crashes in California (20% of all California automobile fatalities) (California State Highway Administration);
  5. 2008: 70% of the pedestrians killed were at-fault, according to police reports (California Highway Patrol);
  6. 2010: 4,280 fatal pedestrian crashes in the United States (NHTSA);
  7. 2010: 1027 fatal pedestrian crashes in California (NHTSA).
CONTACT US
If you have been injured in a pedestrian accident in California, the Accident Attorneys at Tryk Law handle these matters with success. Call us day or night at (559) 840-3240 or TOLL-FREE (844) FRESNO1, or click here for a free consultation/case evaluation.