Pedestrian Accidents

 Numbers do not lie, and they are frightening when it comes to pedestrian accidents. According to statistics gathered by Centers for Disease Control and Prevention (CDC), 5,376 pedestrians were killed in traffic accidents in 2015. This averages to one car-related pedestrian death every 1.6 hours. In addition to these fatalities, another 129,000 pedestrians were treated in emergency rooms for non-fatal car-related injuries.
In fact, pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in car accidents. The group most at risk are older adults – pedestrians ages 65 and older account for 19 percent of all pedestrian deaths and an estimated 13 percent of all pedestrians injured. Further, one in every five children under the age of 15 who were killed in traffic accidents were pedestrians.
Alcohol as a factor: About one-half (48 percent) of vehicle accidents that resulted in pedestrian deaths involved alcohol for the driver or the pedestrian. In fact, one in every three (34 percent) of fatal pedestrian accidents involved a pedestrian with a blood alcohol concentration (BAC) of at least 0.08 grams and 15 percent involved a vehicle driver with a BAC of at least 0.08 grams.
Additional risk factors: Higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of injury from such an accident. Most pedestrian deaths occur in urban areas, non-intersection locations, and at night.
Laws protecting pedestrians: Various Vehicle Code sections protect the rights of pedestrians. For example, California Vehicle Code, Section 21950, protects pedestrians in crosswalks. Under this law, a pedestrian using an “unmarked crosswalk at an intersection” is afforded the same protection as if he or she was using a “marked crosswalk.” Another law, Vehicle Code, Section 21952, states that motorists, before driving over or upon the “sidewalk”, must yield the right-of-way to pedestrians.
Insurance Companies’ typical tactic: The typical argument used by insurance companies of drivers involved in pedestrian accidents is to “blame the victim”, by claiming that the victim pedestrian “darted” out in front of the moving vehicle.
How can you, as a pedestrian, protect yourself? Pedestrians should increase their visibility at night by wearing retro-reflective clothing and carry a flashlight. Whenever possible, cross the street at a designated crosswalk or intersection. Walk on the sidewalk, but if a sidewalk is not available, walk on the shoulder and face traffic.”
For more information, please call The Mason Law Firm at 661-476-5678 or email mason@mrscvlaw.com.