Pedestrian and cyclist collisions are serious types of accidents in California that often lead to severe injuries or fatalities. Due to the lack of physical protection for pedestrians and cyclists, these types of accidents can be devastating. In California, victims of pedestrian or cyclist accidents may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages through personal injury claims.
Overview of Pedestrian and Cyclist Collisions in California
1. Common Causes of Pedestrian and Cyclist Collisions
Pedestrian and cyclist accidents are typically caused by one or more of the following factors:
- Driver Negligence:
- Distracted Driving: Drivers who are texting, talking on the phone, or engaging in other distractions may fail to see pedestrians or cyclists crossing the street or using bike lanes.
- Speeding: Speeding drivers may not have enough time to react to pedestrians or cyclists crossing the road, especially in residential areas or busy intersections.
- Failure to Yield: Drivers failing to yield the right of way at crosswalks or stop signs can cause accidents with pedestrians or cyclists.
- DUI (Driving Under the Influence): Alcohol or drugs impair a driver’s ability to see pedestrians or cyclists and react quickly, leading to accidents.
- Running Red Lights/Stop Signs: Drivers who run red lights or stop signs put pedestrians and cyclists at significant risk of collision, particularly in intersections.
- Reckless or Aggressive Driving: Tailgating, aggressive lane changes, and road rage can cause drivers to act carelessly around pedestrians and cyclists.
- Pedestrian or Cyclist Behavior:
- Jaywalking: Pedestrians who cross the street outside of crosswalks or against traffic signals may increase the risk of an accident.
- Cycling on the Wrong Side of the Road: Cyclists who ride against traffic or fail to follow traffic laws may create dangerous situations for themselves and drivers.
- Failure to Wear Helmets: Although not directly causing collisions, cyclists who do not wear helmets are at higher risk for head injuries if they are struck.
- Distraction: Pedestrians or cyclists who are distracted by phones or music may not be fully aware of their surroundings, making them more vulnerable to accidents.
- Road Conditions:
- Poorly Designed Roads: Inadequate crosswalks, bike lanes, and poorly designed intersections can make it difficult for pedestrians and cyclists to navigate safely.
- Weather Conditions: Rain, fog, or darkness can reduce visibility, increasing the likelihood of accidents.
- Obstructions and Hazards: Debris, potholes, or improperly marked lanes can contribute to accidents for both pedestrians and cyclists.
2. Types of Injuries in Pedestrian and Cyclist Collisions
Both pedestrians and cyclists are vulnerable to significant injuries due to their exposure and lack of protection in a collision. Common injuries in these types of accidents include:
- Head and Brain Injuries:
- Concussions, skull fractures, and traumatic brain injuries (TBI) are common in both pedestrian and cyclist collisions, especially if the individual is struck by a vehicle or falls.
- Cyclists may suffer head injuries, even if they are wearing a helmet, due to the force of the collision.
- Fractures and Broken Bones:
- Pedestrians often sustain fractures to their legs, arms, or pelvis. Cyclists may also suffer fractures, particularly to the limbs or collarbone due to falls or impacts.
- Spinal Cord Injuries:
- Injuries to the spine, including herniated discs and paralysis, are common in severe accidents.
- Internal Injuries:
- Internal bleeding, ruptured organs, and damage to the chest or abdomen are possible when a pedestrian or cyclist is struck by a vehicle.
- Soft Tissue Injuries:
- Whiplash, sprains, and strains are common in less severe collisions, but can still lead to chronic pain or long-term medical treatment.
- Psychological Trauma:
- Post-traumatic stress disorder (PTSD), anxiety, and depression can arise as a result of the trauma of being involved in a pedestrian or cyclist accident.
3. Legal Considerations in Pedestrian and Cyclist Collisions
In California, pedestrians and cyclists who are injured in a collision caused by a driver’s negligence may pursue compensation for their injuries. The following factors are important when determining liability and compensation:
- Fault Determination:
- California follows an at-fault system for personal injury cases, meaning that the responsible party (typically the driver) can be held liable for damages caused by the accident.
- In pedestrian and cyclist accidents, the driver is often at fault due to reckless or negligent behavior, such as running a red light, failing to yield, or distracted driving. However, pedestrians and cyclists may also share some responsibility in certain cases (e.g., jaywalking or riding in unsafe conditions), and California uses a comparative negligence rule to adjust compensation accordingly.
- Comparative Negligence:
- Under California’s comparative negligence rule, if the pedestrian or cyclist is found to be partially at fault for the accident (e.g., jaywalking or not wearing a helmet), their compensation will be reduced by the percentage of fault assigned to them.
- For example, if the pedestrian is 20% at fault and the driver is 80% at fault, the pedestrian’s damages will be reduced by 20%.
4. Types of Damages in Pedestrian and Cyclist Accident Claims
Pedestrians and cyclists involved in accidents in California may be entitled to seek various types of damages:
- Economic Damages:
- Medical Expenses: Coverage for hospital bills, surgeries, doctor visits, therapy, rehabilitation, medications, and other medical treatments related to the injuries sustained in the accident.
- Lost Wages: If the injuries prevent the pedestrian or cyclist from working, compensation for lost wages or future loss of earnings can be pursued.
- Property Damage: If a cyclist’s bicycle or other personal property is damaged in the collision, compensation can be sought to repair or replace these items.
- Out-of-Pocket Expenses: Any other costs incurred as a result of the accident, such as transportation costs to medical appointments or the cost of hiring help with daily activities.
- Non-Economic Damages:
- Pain and Suffering: Compensation for the physical pain, discomfort, and emotional suffering resulting from the injuries.
- Emotional Distress: If the accident causes anxiety, depression, or other emotional trauma, non-economic damages for emotional distress may be available.
- Loss of Enjoyment of Life: If the injuries prevent the pedestrian or cyclist from participating in activities they once enjoyed, such as hobbies or sports, they may be entitled to compensation for this loss.
- Loss of Consortium: If the injuries impact a relationship with a spouse or family members, they may seek compensation for the loss of companionship or support.
- Punitive Damages:
- If the at-fault driver’s behavior was particularly egregious (e.g., DUI, road rage, or reckless driving), punitive damages may be awarded. These damages are intended to punish the defendant and deter others from engaging in similar behavior.
5. Insurance and Claims Process
After a pedestrian or cyclist accident in California, the following steps are involved in handling the insurance claim:
- Insurance Requirements: California law requires all drivers to have liability insurance, with the following minimum coverage limits:
- $15,000 for injury or death to one person,
- $30,000 for injury or death to more than one person,
- $5,000 for property damage.
- Filing a Claim: After the accident, the injured pedestrian or cyclist should report the incident to their insurance company. If the driver is at fault, the pedestrian or cyclist can file a claim with the driver’s insurance. If the driver is uninsured or underinsured, the pedestrian or cyclist may rely on their own uninsured/underinsured motorist coverage.
- Negotiation and Settlement: The insurance company will investigate the accident and may offer a settlement. However, initial offers are often lower than what the victim is entitled to, so negotiating or even pursuing legal action may be necessary.
- Lawsuit: If an acceptable settlement cannot be reached, or if the at-fault driver’s insurance does not cover all damages, the injured party may file a personal injury lawsuit against the responsible driver. In California, a lawsuit must typically be filed within two years of the accident, although there are exceptions depending on the circumstances.
6. Medical Treatment and Evidence
- Seek Immediate Medical Attention: Even if injuries appear minor, it is important to seek medical treatment after a pedestrian or cyclist accident. Some injuries, such as concussions or internal injuries, may not be immediately apparent.
- Document Injuries and Damages: Keep records of medical treatments, therapy, prescriptions, and any out-of-pocket expenses incurred as a result of the accident. Photos of the injuries, vehicle damage, and accident scene can also help establish liability.
7. Consulting with a Personal Injury Attorney
If you or a loved one has been involved in a pedestrian or cyclist collision, it is important to consult with an experienced personal injury attorney who can:
- Investigate the cause of the accident,
- Gather evidence and witness statements,
- Negotiate with insurance companies,
- Represent you in court if necessary, and
- Help ensure you receive fair compensation for your injuries and damages.
Personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if you win or settle your case. Their fees usually range from 33-40% of the settlement or judgment.
8. Important Tips After a Pedestrian or Cyclist Accident
- Stay at the Scene: Do not leave the accident scene. Call the police and report the accident.
- Get Medical Help: Even if you don’t feel injured, seek medical care immediately. Delayed symptoms may be indicative of serious injuries.
- Document the Accident: Take photos of the scene, damage, injuries, and any other evidence. Collect witness statements and contact information.
- Do Not Admit Fault: Do not admit fault at the scene, even if you think you may be partially responsible. Liability will be determined later.
- Consult with an Attorney: A skilled personal injury lawyer can help protect your legal rights and maximize your compensation.
Conclusion
Pedestrian and cyclist collisions in California can lead to serious injuries and long-term consequences. If you or a loved one has been involved in such an accident, it’s important to understand your rights and seek legal advice to ensure you receive fair compensation for your damages. With the help of a personal injury attorney, you can navigate the complexities of the legal system and get the support you need to recover.