Many residents of Rialto have taken up walking as a way of improving their health. While this form of exercise is a great way to stay healthy, it can also be highly dangerous. Each year, several pedestrians become the victim of another person’s negligence (typically a negligent driver) and are injured as a result.
As such, pedestrian accident victims frequently seek the services of a professional attorney. If you sustained injuries in a pedestrian-vehicle accident, you may be entitled to significant compensation. Contact a seasoned Rialto pedestrian accident lawyer today to learn more about your legal rights and options.
Establishing Liability in a Pedestrian-Vehicle Accident
In any pedestrian-vehicle accident in Rialto, it is vital for a pedestrian accident attorney to ascertain who is at fault and to what degree. The State of California has many right-of-way laws that are geared towards protecting pedestrians and may help a plaintiff in establishing that the driver is liable for their injuries. Under California Vehicle Code 21950(a), when a pedestrian is crossing an unmarked or marked crosswalk at an intersection, a driver must avoid striking pedestrians who have the right of way.
In a pedestrian-vehicle accident case, a plaintiff must prove that the driver was negligent. The definition of negligence is a failure to act with a level of care towards others which a prudent or reasonable individual would do in the same or similar circumstances.
To show that a driver was negligent, a plaintiff should be able to establish that the defendant:
- Had a duty of care to prevent striking a pedestrian)
- Breached that duty of care
- Caused the plaintiff’s injuries
- Sustained damages as a result of that breach of duty
Common Pedestrian Accident Injuries
Pedestrians are often seriously injured when being struck by a vehicle. Unlike vehicles, there is no form of protection surrounding the pedestrian. When there is a crash between a pedestrian and a vehicle, the pedestrian typically faces the following types of injuries:
- Bone fractures
- Internal bleeding
- Spinal cord injuries
- Nerve damage
- Torn ligaments
- Traumatic brain injuries
- Knee and leg injuries
- Severe lacerations and cuts
Frequent Causes of Pedestrian-Vehicle Crashes in Rialto
The top five causes of pedestrian accidents that an experienced Rialto pedestrian accident attorney often sees is as follows:
- Driving while distracted: Driving while distracted is the top cause of pedestrian-vehicle accidents. Distracted driving includes, without limitation, texting, eating, drinking, fiddling with a car radio, and talking with passengers
- Speeding: speeding is a typical cause of a pedestrian-vehicle crash. What typically occurs when a driver is speeding is that they are unable to slow down in time to avoid striking a pedestrian on the roadway
- Failure to yield to the right-of-way of pedestrians: Oftentimes, drivers strike pedestrians while they cross an intersection because the driver failed to yield to their right-of-way
- Nighttime driving: a significant number of pedestrian-vehicle accidents occur at night due to poor visibility and the increased number of drivers who are intoxicated or otherwise impaired by drugs or alcohol
- Impaired driving: drivers who operate a vehicle while impaired by alcohol or drugs are significant causes of pedestrian crashes in Rialto
Reach Out to a Rialto Pedestrian Accident Attorney for Legal Help
If you sustained harm in a pedestrian-vehicle accident, you may have valuable rights. Contact a knowledgeable Rialto pedestrian accident lawyer today to learn more about your legal rights, options, and interests.