What are the Factors Involved in Pedestrian Crashes?

Pedestrian crashes, and the serious injuries associated with these crashes, are more common than ever. In 2023, the number of pedestrian fatalities hit a forty-year high. Such crashes are especially common in SOCal, where the weather is relatively mild year round. Other contributing factors include the popularity of SUVs and other large vehicles that pack quite a punch and have poor sight lines. Additionally, the roads are in bad shape in many parts of the country.

Despite these contributing factors, driver error, usually one of the two kinds of error discussed below, substantially causes about 98 percent of the pedestrian crashes in California. If this mistake was negligence, or a lack of care, a Carlsbad pedestrian accident lawyer can obtain substantial compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Accidents and Negligence

In some respects, accidents and negligence are the same thing. Both accidents and negligence often cause unintentional injuries. The principle of responsibility is the same as well. Accidental or not, if Jim hurts someone, Jim should pay fair compensation, whether that’s a mere apology or money for medical bills and other losses.

However, most pedestrian crashes aren’t “accidents.” People accidentally lose their car keys. They don’t accidentally drive recklessly or carelessly and hit people.

Negligence, or a lack of care, usually involves more compensation. Quite frankly, selfishness is at the root of most driver errors. Tortfeasors (negligent drivers) are in such a hurry that they speed or turn unsafely. Other tortfeasors know they’re too drunk, stoned, or otherwise impaired to get behind the wheel, yet they do so anyway. In both cases, these drivers deliberately put other people at risk.

Usually, a Carlsbad personal injury lawyer must prove, by a preponderance of the evidence (more likely than not), that the tortfeasor was negligent. A higher duty of care applies in some cases, particularly Uber driver and other commercial driver crash cases.

Kinds of Driver Errors

We mentioned the two most common kinds of driver error above. Now, let’s break them down in the context of pedestrian crash factors.

• Driver Impairment: Impaired drivers usually aren’t properly watching the road and they cannot make good judgments. Distracted driving is a good example. When drivers use devices, even hands-free devices, their attention is divided between the device and the road. Good driving requires 100 percent concentration. Because of their distraction, these drivers usually can’t make quick, accurate judgments, like how they must react to jaywalking pedestrians.
• Aggressive Driving: Speed, the most common kind of aggressive driving, increases the risk of a pedestrian crash and the force in that collision. Speeding drivers cannot react to changing road conditions. Furthermore, according to Newton’s Second Law of Gravity, speed multiplies the force in a collision between two objects. Since pedestrians don’t have seat belts or other gadgets to protect them, they’re fully exposed to all this force.

Drivers are individually responsible for the wrecks they cause. A third party, such as an employer, may be financially responsible for the damages these negligent drivers inflict.

The respondeat superior rule applies if the tortfeasor was an employee who was working in the course and scope of employment at the time. California law defines these key words and phrases in broad, victim-friendly terms.

Contact a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

npr.org/2023/06/26/1184034017/us-pedestrian-deaths-high-traffic-car