California ranks number one for the highest number of pedestrian deaths on its roads. Road crashes involving pedestrians can be attributed to various factors, such as drivers’ failure to yield to pedestrians at crossroads. When victims are lost, surviving families suffer emotional pain and financial losses in the aftermath. Californians who have lost a loved one in a pedestrian crash can file a wrongful death lawsuit.
Wrongful death claims are different from other personal injury (PI) claims. The laws and statutes governing such cases are more complicated. Working with a professional California pedestrian accident lawyer at Kuvara Law Firm alleviates the stress of navigating the legal process alone. Our lawyers are experienced in litigating wrongful death lawsuits and can help ensure you are compensated sufficiently. Contact us at 1-800-4-INJURY to schedule a free case review.
Pedestrian Right of Way in California
Under California traffic rules, a driver must yield the right of way to a pedestrian crossing the road at marked crosswalks or unmarked intersections. That is not to say pedestrians have no responsibility in ensuring their safety. It is ill-advised for them to cross roads in unmarked areas or where there is no crosswalk, even at intersections. While some intersections do not have striping, the law views them as crosswalks, and drivers are tacitly mandated to yield the right of way to pedestrians.
Other ways in which pedestrians can protect themselves when using the road include:
- Avoiding dangerous habits, such as jaywalking
- Not operating their smartphones or other devices while walking on the roadside
- Checking for markings before stepping onto the road
- Wearing brightly colored clothes to make themselves visible to motorists, particularly at night
What Factors Contribute to Pedestrian Deaths?
Hundreds of pedestrian deaths are reported yearly in California. The California Office of Traffic Safety (OTS) indicated that the state’s pedestrian fatality rate surpasses the national average by 25%. It’s a worrying trend because no other state records more pedestrians killed in road crashes than California.
A lot of these fatal accidents can be traced back to common contributing factors. They include:
Distracted Driving
One of the leading causes of pedestrian collisions in California is distracted driving. This problem worsened following the advent of handheld devices, such as smartphones. Operating digital devices is not the only distraction a driver has behind the steering wheel. Fiddling with the stereo knob, eating or drinking, and daydreaming are other causes of distracted driving.
Drivers cannot focus on the road and other traffic signs when distracted. In fact, it is not uncommon to hear of a driver who ran a red traffic light and hit a pedestrian. Such an accident can occur due to distracted driving.
Speeding
Another common cause of pedestrian accidents is speeding. California has speed zones and limits, meant to ensure road safety for motorists and pedestrians. However, some drivers blatantly ignore speed limits, moving 10-15 mph above the set speed limit. The increased speed limits a driver from making evasive maneuvers that could save a pedestrian’s life.
Driving While Intoxicated
Driving under the influence or while intoxicated is another contributor to the rising number of pedestrian accidents in California. Drunk or intoxicated drivers have impaired judgment and altered perception. They find it difficult to properly interpret road signs or navigate safely around high-volume foot traffic. A drunk driver makes reckless decisions that can leave a pedestrian suffering a serious spine and back injury after an accident.
Inclement Weather and Road Conditions
Bad weather, such as heavy rains, snow, fog, and storms, limits road visibility. Under these conditions, drivers can hardly see pedestrians walking across or along the street. When the sun sits low on the horizon in the morning and evening, reduced visibility combined with the sun’s amber glow increases the risk of pedestrian accidents. Vehicles can easily lose traction and control, hitting a pedestrian.
What Types of Accidents Cause Pedestrian Deaths?
California records different types of pedestrian accidents that cause serious injuries and even deaths. These incidents have one common underlying characteristic – a person walking, skating, or skateboarding on the road is hit by a vehicle. The following are the types of accidents that may kill a pedestrian:
Crossing a Highway
There’s a reason the state imposes limited pedestrian access to highways. Vehicles move at high speeds, which makes crossing highways risky. However, if your car has broken down or been involved in a minor collision, you might be forced to cross the freeway. It’s easy to miscalculate vehicles’ speeds, increasing the risk of a fatal crash.
Pedestrians Walking on Roadsides
While some streets have sidewalks, some roads don’t. It becomes difficult for motorists to know where the road pavement ends when there’s no sidewalk.
Accidents at Intersections
A number of fatal pedestrian accidents are a result of distracted driving and poor visibility at intersections. When a driver can’t see clearly, there’s a high likelihood of hitting a pedestrian when turning right or left at an intersection. Sometimes, a pedestrian might be killed in a collision after a driver ignores a traffic light or because there are insufficient road control signs.
Failure to Yield at a Crosswalk
As mentioned earlier, crosswalks at intersections and thoroughfares are designed to ensure pedestrian safety and that they reach their destinations conveniently. In California, motorists are required to yield to pedestrians on crosswalks. In some situations, a driver’s impatience and lack of attention may cause them to run over a pedestrian, causing death.
A Triple Threat Collision
A triple threat crash is when a pedestrian navigates between two stopped or slowing-down vehicles. Once the pedestrian reaches the edge and starts to cross the next lane, another driver hits the pedestrian. Although the motorist might argue that he or she didn’t notice the pedestrian, he or she might be partially at fault if the victim’s death was caused by speeding.
Who Can File a Wrongful Death Lawsuit After a Pedestrian Accident in California?
Before filing a claim, it’s crucial to understand that you are required by law to report a car crash to law enforcement to have the incident documented and investigated. Reporting the accident also ensures the responding officer creates a formal incident report that details the time, number of victims, and location.
Be sure to understand California laws governing who can file a wrongful death and the legal process if you intend to sue after a car accident for the wrongful death of a loved one.
Under the state’s Code of Civil Procedure, the decedent’s personal representative/personal assistant or the surviving family members can file a wrongful death lawsuit. The claims are brought against a third party alleged to have caused the victim’s preventable death due to a negligent, reckless, or wrongful act.
For the lawsuit to proceed smoothly, the wrongful death claim must prove the following:
- A legal duty between the blameworthy party and the plaintiff
- A breach of duty on the driver’s part
- The defendant’s negligent, reckless, or wrongful acts substantially contributed to the victim’s death
- The surviving family suffered financial and non-financial damages
In California, you can only file a wrongful death claim after a pedestrian accident within the two-year timeframe, starting from the exact date of the victim’s death. However, there are circumstances under the “discovery rule” section of the law that may compel the state to alter the two-year window rule.
Suppose a pedestrian got struck by a vehicle, and he or she did not show any serious injuries. Nonetheless, the pedestrian passed on about six months later, and it was discovered that the death stemmed from an internal injury from the accident. In such a case, the two years will start counting from the date when the real cause of death is confirmed.
There’s a special consideration if the only individual eligible to file a fatal pedestrian accident claim is a minor (under 18 years old). In such a situation, the statute of limitations starts from the 18th birthday of that surviving family member.
The loss of a loved one in a pedestrian accident is emotionally and financially draining, especially if the decedent had dependents. But you are not helpless – you have the legal right to hold the at-fault party accountable and recover your damages. Working with a seasoned California pedestrian accident attorney takes much of the legal burden off your shoulders, freeing you to focus on your recovery.
At Kuvara Law Firm, we have helped plaintiffs seek restitution in wrongful death claims, and we can do it for you, too. Our lawyers will review your case, conduct an investigation, prepare the necessary legal papers, and fight for your maximum compensation. To file a wrongful death lawsuit after a pedestrian accident, contact us today, and one of our trusted attorneys will be glad to provide a free consultation.