Red, Yellow, and Green Pedestrian Accidents

According to popular myth, “jaywalking” pedestrians who cross the street against the light, or outside permanent or RRFB crosswalks, are ineligible for compensation in civil court. This myth, like so many others, is grounded in fact but nevertheless untrue.

A permanent crosswalk is two white lines painted on the street. Walk/don’t walk signals are on either corner. Usually, each one has a button that activates the signal. Rectangular Rapid Flashing Beacon crosswalks only have signals. Pedestrians press buttons which activate flashing yellow lights that command motorists to stop.

Especially in SoCal, pedestrians should always cross inside crosswalks with the light after they stop and look both ways. Nevertheless, jaywalking is inevitable. If Billy’s friend lives across the street, he probably won’t go to the corner. He’ll probably “dart out into traffic,” a favorite phrase of insurance company lawyers. More on that below.

The reality is that, regardless of the light’s color, a Carlsbad personal injury lawyer can typically obtain substantial compensation for pedestrian accident victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Pedestrian Injuries

One reason a Carlsbad personal injury lawyer can obtain compensation regardless of the light’s color is that, in most cases, pedestrian injuries do not vary based on the light’s color. These injuries are often catastrophic (life threatening). Common injuries include:

• Head Injuries: When a moving vehicle strikes a pedestrian, the impact usually throws the victim through the air. When these victims land, they often sustain serious brain injuries. The resulting brain bleeding and swelling is difficult or impossible to contain.
• Broken Bones: A broken wrist or leg, in and of itself, usually isn’t life-threatening. However, these victims often bleed very badly. In fact, many auto accident victims lose about a fifth of their blood supplies by the time emergency responders tend to their injuries.
• Internal Injuries: Head injuries are usually impact related, and so are internal injuries. The aforementioned fall causes internal organs to grind and bump against each other. Since these organs don’t have protective skin layers, slight abrasions bleed very badly.

Vehicle speed always affects the degree of injury. This effect is particularly pronounced in pedestrian accidents. These victims have no protection from oncoming vehicles.

If the tortfeasor (negligent driver) is traveling less than 30mph, the pedestrian fatality rate is under 10 percent. At 60mph, the pedestrian death rate catapults to over 90 percent.

The Light’s Color

As mentioned, the “jaywalkers can’t sue” myth is partially true. If the victim crossed outside a crosswalk, against the light, and without looking both ways, limited compensation may be available. Insurance company lawyers usually portray these individuals as reckless people who are legally responsible for their own injuries.

The same thing is true at the opposite end of the spectrum. If a pedestrian accident occurs when the victim crosses inside a crosswalk, with the light, and after looking both ways, maximum compensation is not automatically available. An attorney must prove that the driver was negligent. Common kinds of driver negligence include operator impairment (sleepy, drunk, etc.) and aggressive driving (speeding, turning unsafely, etc.).

The bottom line is that, if you’re injured in a pedestrian accident, a Carlsbad personal injury lawyer should always evaluate your case and highlight your legal options.

Reach Out to a Diligent 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:

highways.dot.gov/safety/proven-safety-countermeasures/rectangular-rapid-flashing-beacons-rrfb