ORANGE COUNTY PEDESTRIAN ACCIDENT LAWYER
The California Department of Motor Vehicles defines a pedestrian as “a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or wheelchair for transportation.”
Walking and skating are healthy, fun, and cost-efficient modes of transportation. However, pedestrians are vulnerable, particularly when motorists are distracted by phones, text messages, and other technology. In fact, current statistics reflect that California has the highest number of pedestrian accidents in the country. According to the National Highway Traffic Safety Administration, 76,000 injuries and 4,743 fatalities occurred in pedestrian/motor vehicle accidents in 2012.
If you or a loved one are among the thousands of pedestrians injured by a motorist, seek medical treatment immediately. Once you have sought medical attention, please confer with an Orange County pedestrian accident lawyer to explore your legal recourse. California law requires plaintiffs (the suing/injured party) to bring personal injury lawsuits within a prescribed deadline, which is the “statute of limitations.” If the statute of limitations lapses, you may waive (surrender) your right to sue, and thus to be compensated for your injury.
PERSONAL INJURY LAWSUITS:
NEGLIGENCE AND OTHER CAUSES OF ACTION
All motorists have a duty to one another and to pedestrians: a duty to drive in a reasonable and safe manner. When a motorist fails to drive in that prescribed manner, he has breached a legal duty. If that breach causes injury to a pedestrian, the motorist is liable for negligence.
Negligence is the primary claim or cause of action in personal injury lawsuits. However, other causes of action may apply, depending on facts unique to every case. For example, a pedestrian struck by a vehicle is likely to suffer severe emotional distress in addition to physical injuries. Therefore, a “Negligent Infliction of Emotional Distress” cause of action would be included in the lawsuit. Other considerations determine the causes of action, such as whether the driver was under the influence at the time of the accident or violated a statute by texting and driving.
In addition to alleging all viable causes of action, including all the defendants responsible for your injury is crucial to a successful lawsuit. For example, if the motorist was acting in the course of business at the time of the accident, your attorney would name the employer and the motorist in the lawsuit under a vicarious liability theory.
Our firm’s Newport Beach personal injury lawyers will pursue the appropriate legal theories and defendants to maximize compensation for your injuries.
The following are motorist and pedestrian safety tips to keep you safe on the road and avoid a personal injury lawsuit:
MOTORIST SAFETY TIPS
- Stop at street corners and crosswalks for pedestrians to cross.
- Provide pedestrians with sufficient time to cross.
- Be especially alert for elderly, disabled, and child pedestrians.
- Do not stop in crosswalks.
- When approaching crosswalks and street corners, reduce your speed.
- Do not pass other vehicles stopped at crosswalks.
- Be alert – do not text and drive; do not drive under the influence.
PEDESTRIAN SAFETY TIPS
- Be visible – wear bright clothing during the day and light clothing at night; carry a flashlight at night.
- Do not assume motorists will stop for you; make eye contact with drivers before crossing the street.
- Look both ways before crossing; use crosswalks; use sidewalks when available.
- Be alert – do not wear headphones or text/use a cell phone when crossing.
Retaining An Orange County Pedestrian Accident Lawyer
Russell & Lazarus are Newport Beach personal injury attorneys who have been serving clients with superior legal services for 30 years. If you are a pedestrian accident victim, your energy should be directed at healing, not at navigating the California legal system. Our team of seasoned legal professionals possesses the requisite skill, knowledge, and expertise to vigorously represent you in your personal injury lawsuit.
Please contact Russell & Lazarus at (800) 268-9228 to consult with an Orange County pedestrian accident lawyer regarding your potential case.