According to a report from ABC 10, a pedestrian was killed in a tragic crash in Stockton. The California Highway Patrol (CHP) confirmed that a man—whose name is being withheld from the public—was walking on a Northbound Lane of B Street. He was struck and killed by an oncoming Toyota sedan. CHP officers noted that the victim was wearing dark clothes and it was already dark outside when the collision happened (5:45 PM). The fatal pedestrian crash is still under a more comprehensive investigation. Here, our Stockton car accident lawyer discusses the huge risks that pedestrians continue to face from traffic in California.
Pedestrian Safety Remains a Major Concern in California
Unfortunately, pedestrian safety remains a very serious concern in California. Pedestrians are vulnerable. Too many drivers fail to take proper care around pedestrians. Additionally, our state’s infrastructure is not always as safe as it should be for pedestrians. The California Office of Traffic Safety (OTS) estimates that approximately 900 pedestrians are killed and 14,000 are seriously injured in the state each year. No state has more pedestrian deaths each year than California. While that is because California is the most heavily populated state, our state’s pedestrian accident fatality rate is also poor. Pedestrian deaths in California happen at a rate 25 percent higher than the national average.
Three Main Reasons Why Pedestrian Crashes Happen
Pedestrian accidents can happen for a wide range of different reasons. In California, most pedestrians crashes happen for at least one of the three following reasons:
- Driver Negligence: Driver negligence is the primary cause of pedestrian crashes in California. In far too many cases, drivers fail to remain vigilant behind the wheel. Distracted driving is often a factor in pedestrian crashes. Loss of focus for even a split second can lead drivers to missing critical cues like stop signs, traffic lights, or pedestrians entering crosswalks. Another example of driver negligence that contributes to many collisions is speeding. Not only does speeding make accidents more likely, it makes them more severe.
- Poor Infrastructure: Inadequate pedestrian infrastructure contributes to many pedestrian crashes in the San Joaquin Valley. Unfortunately, many urban, suburban, and even rural areas lack proper pedestrian infrastructure. This includes things like crosswalks, sidewalks, and pedestrian signals. In some cases, pedestrians are forced to navigate unsafe routes. Even where sidewalks are present, they may be poorly maintained. Problems with maintenance can lead to hazards that can cause accidents.
- Pedestrian Error: Finally, it is also noteworthy that some pedestrian crashes are caused by pedestrian error. Some of the most common examples include jaywalking, crossing streets away from designated crosswalks, and darting out from between parked cars. In some cases, pedestrians may misjudge vehicle speeds. In other cases, they may mistakenly assume that they have the right of way without making sure the path is clear. Given the inherent risk posed by traffic, it is imperative that pedestrians put a high priority on their own safety.
Every pedestrian crash involves its own unique set of facts. A comprehensive investigation by an experienced Stockton, CA pedestrian accident attorney is a must.
An Overview of Pedestrian Accident Liability in California
If you were involved in a pedestrian crash in Stockton, your case falls under California state law. Here is an overview of pedestrian collision liability in the state:
- Pedestrian Accident Liability is Based on Fault: California is a fault-based motor vehicle accident state, including for pedestrian crashes. A driver is not automatically presumed to be liable for a pedestrian crash in California. Instead, fault for a crash will depend on negligence. The party—driver, government entity, pedestrian, etc—whose failure to take due care caused the crash can be held liable for the resulting damages.
- Pure Comparative Negligence Applies: California uses a pure comparative negligence standard of liability for pedestrian collisions. Consider a case where a pedestrian crosses a street against the signal and gets hit by a car speeding through the road. Under comparative negligence, both parties may share fault. If the court finds the pedestrian 30 percent responsible for crossing improperly, he or she would be liable for 30 percent of their own damages. Every percentage point of fault matters. Being held liable for a higher share of your own pedestrian crash could take thousands of dollars out of your pocket.
Injured Pedestrians Need Full and Fair Compensation
Hurt in a pedestrian accident in Stockton or elsewhere in the San Joaquin Valley? California law allows you to seek compensation for the full value of your damages, including for both economic and non-economic losses. Unfortunately, injured pedestrians cannot rely on any insurance company to look out for their best interests. Our Stockton pedestrian crash lawyer can help you seek financial compensation for:
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative support;
- Loss of wages and loss of future earnings;
- Pain and suffering & mental anguish;
- Disability, disfigurement, and reduced quality of life; and
- Wrongful death of a family member killed in a pedestrian crash.
Why Pedestrian Accident Victims in Stockton Trust Our Car Crash Lawyers
Pedestrian accident injury cases are complicated. Following a bad pedestrian crash, it is crucial that you are able to access the full and fair compensation that you rightfully deserve. At Redkey Gordon Law Corp, we are proud to fight for justice for pedestrians and their families. With more than $25 million collected for clients, our case results tell the story. We are prepared to invest time, resources, and personal support into each and every pedestrian accident injury claim that we take on.
Contact Our Stockton Pedestrian Injury Attorneys for Immediate Help
At Redkey Gordon Law Corp, our Stockton car accident lawyer has the skills and experience to take on all types of pedestrian crash claims. Hit by a vehicle? We are here as a legal resource that you can trust. Contact us right away for your free, no obligation case review. From our Stockton law office, we advocate for the rights of injured pedestrians throughout all of Central California.