San Francisco is one of greatest walking cities in the world. But it is also heavily congested with lots and lots of motor vehicles. Unfortunately, the two don’t always mix well, and that means pedestrian accidents are a way of life.
In fact, California led the nation in pedestrian deaths in both 2013 and 2014, with about 700 people perishing each year. Nationwide, pedestrian deaths accounted for about 14% of all traffic fatalities, but in California, that figure was 23%.
Whether it’s a case of distracted driving or a simple failure to see a pedestrian, when a person is struck by a vehicle, in many cases, they are entitled to seek compensation for their injuries. In cases where a death took place, family members can pursue a settlement.
All vehicle vs. pedestrian accidents will generate a vehicle accident report by a local law enforcement agency. Having a police report in hand can be a powerful weapon in assisting an attorney who is pursuing damages on behalf of a client, especially when that report puts the fault of the accident on the other party.
In some cases, both the pedestrian and the driver will be found at fault, which creates a situation of comparative negligence. Under California law, this means an insurance company can affix certain percentages of the blame on each party, which will have a direct impact on how much of a settlement a pedestrian may ultimately receive.
In some cases, a pedestrian may be found to be solely at fault for the accident, perhaps because they crossed a road late at night in the middle of a block without looking. They could have been wearing dark clothing that made them impossible to see, or they were out bar hopping late at night and were careless in stepping off a curb and into traffic.
Accidents involving pedestrians are usually highly charged affairs and affixing fault is not always an easy thing to do, so in most cases, it’s best to retain the services of an experienced pedestrian accident attorney.
Choulos, Choulos & Wyle proudly serve clients in San Francisco, Oakland and in cities throughout the Bay Area.
