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Flores Law Group, A Professional Corporation

Being in an accident as a pedestrian is scary and quite traumatic. Often, the injuries suffered by
the pedestrian are catastrophic and possibly come with lifelong consequences. If you have been
injured as a pedestrian and need to seek legal and financial compensation, look no further than
the experts at our law firm.

Hazards That Face Pedestrians in California

The dangers facing pedestrians every day are shockingly high. And as a pedestrian, no matter
how careful you are, you have no control over those operating motor vehicles.
Thousands of pedestrians are injured or killed by motorists yearly.

If motor vehicle drivers followed all safety laws and regulations and paid adequate attention
while driving, they could eliminate almost all pedestrian accidents. Sadly, however, this is not
always the case. All too often, drivers are distracted, driving under the influence, driving
recklessly, and otherwise ignoring road safety laws. When this happens, people get hurt, and
often, the people who are harmed are the pedestrians.

While many scenarios qualify as a pedestrian accident, some of the most common you might be
familiar with include:

● Pedestrians being struck by a vehicle while trying to use the crosswalk.

● Pedestrians being hit by a vehicle in a parking lot while walking through it.

● Pedestrians being sideswiped by a car while they are walking.

● Pedestrians being hit by another vehicle while they are exiting their own vehicle.

● Pedestrians struck by cars leaving driveways.

The above list is just a tiny handful of potential accidents that may occur to pedestrians. If you
have been harmed by someone driving a motorized vehicle, you may also be owed financial
compensation. If you have questions about your specific case, it is best to contact the experts at
our law firm today. Our experienced legal team will walk you through all aspects of filing a
pedestrian accident claim and help you get the financial restitution you are entitled to.

Defining a Pedestrian Accident in California

A pedestrian accident is any accident that takes place between a pedestrian and someone
operating a motorized vehicle. There are a wide variety of potential motorized vehicle-
pedestrian accidents that cause injuries and even death. Listed below are some examples of
pedestrian accidents that can happen to you.

● The accident happens at an intersection while the pedestrian is trying to cross. In this
scenario, drivers often mess up their timing and don’t allow themselves enough time in
space to react to a pedestrian crossing in front of them.

● Pedestrian accident that occurs while one motorized vehicle is trying to pass another
vehicle. In this scenario, a negligent driver is trying to pass another vehicle on the side of
the road and fails to see or fails to stop for a pedestrian crossing in front of the other

● Pedestrian accident that occurs while a motorist is trying to back up. Backing up can be
a difficult task for almost any driver, especially in public. In this scenario, a pedestrian is
harmed while someone is trying to back their vehicle into or out of a parking space or
otherwise driving in reverse. The driver’s negligence results in them backing into
someone walking behind their vehicle. Remember, pedestrians always have the right of
way in parking lots and most other scenarios where vehicles will be backing up. So, it is
the driver’s responsibility to check their surroundings and ensure no one is trying to walk
behind them.

● A pedestrian injury is caused by a vehicle darting out. In this scenario, a driver fails to
check their surroundings adequately and darts out into traffic, striking a pedestrian who
is crossing in front of them or near them.

● Pedestrian accidents that are caused by a vendor’s vehicle. In this scenario, a vendor
such as a food truck or ice cream truck strikes a child or other pedestrian while operating
their company vehicle.

● Pedestrians being injured by a vehicle trying to turn our merge in traffic. In this scenario,
a pedestrian is struck by a motorized vehicle when the driver fails to take proper care
when trying to turn or merge into oncoming traffic.

The Types of Injuries a Pedestrian Might Receive When in an Accident
With a Motorized Vehicle

Being injured by a motorized vehicle as a pedestrian can have serious physical consequences.
While not all injuries are so severe, others are quite catastrophic. Below are some of the most
common injuries one might receive when injured as a pedestrian by a motorized vehicle.

● Fractured or broken bones: Broken bones are a common injury in pedestrian accidents.
Some brakes are minor, and others can leave the pedestrian with long-term or lifetime
side effects.

● Spinal cord injuries: Spinal cord injuries are devastating and often require a long
rehabilitation period, several painful surgeries, and the possibility of being permanently
paralyzed from the injury.

● Internal injuries: Internal injuries are particularly horrendous because they are often life-
threatening. Internal bleeding is often caused by blunt force trauma, which is common in
pedestrian accidents.

● Traumatic brain injuries and other head trauma: Traumatic brain injuries, also known as
TBI and other head injuries, are particularly risky because of the lifelong complications
these types of damages may result in. These injuries may also result in death.

● Road rash: Road rash is widespread in pedestrian accidents, and while painful, it is not
necessarily the most severe injury that might occur. This type of injury happens when
the pedestrian is thrown or slides across the asphalt and their unprotected skin scrapes
against the ground.

● Death

The above injuries are just a few examples of what might happen in a pedestrian accident. If
you have experienced any of these injuries or have been injured or harmed in another way by a
motorized vehicle as a pedestrian, reach out to our law firm to learn how to seek the
compensation you’re entitled to.

Pedestrian Rights Versus Driver Rights in California

While many pedestrian accidents are the driver’s fault, other accidents can be caused by the
pedestrian. Drivers have the responsibility to follow all laws and safety guidelines on the road.
Pedestrians also have a responsibility to follow laws set for pedestrians.

For example, if, as a pedestrian, you’re crossing in the crosswalk and are struck by a vehicle,
the driver is responsible for the accident. On the other hand, if you are jaywalking or crossing
where you are not supposed to and are struck by a car often, you may be liable for the accident.
Before January 2023, if you were "jaywalking" and were injured by a motor vehicle, you could
be held negligent as a matter of law and recover nothing.  This changed, however, in January
2023, when a new law went into effect legalizing crossing of streets outside of crosswalks.

Now, jaywalking by itself is not enough to prove that a pedestrian is negligent as a matter of law.

The vehicle driver now must show that the pedestrian crossed the street at a time and place
when a reasonably careful person would have realized there was an immediate danger.  If the
driver fails to show this, the driver is liable. You may still be held partly responsible.  But even if
you are partially at fault for the collision, you can still recover something under California’s
comparative fault law.

Both drivers and pedestrians are responsible for acting appropriately when using public roads
and sidewalks. Failure of either party to follow all guidelines and laws results in severe accidents and bodily harm. The party who breaks the law is often the party at fault for said

If you have been the victim of a pedestrian accident, then you should contact us at our law firm
to discuss the details of your case and learn what type of compensation you might be entitled to.

Edward R. Flores, Esq.

Call For A Personal Case Evaluation
(714) 769-1200

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