A study by the Governors Highway Safety Association (GHSA) projects that the number of pedestrian deaths in 2018 will be the highest number of pedestrian fatalities in almost three decades. According to the GHSA, it is estimated that 6,277 pedestrians died in traffic-related accidents during 2018. In 2017, 5,977 pedestrians were killed in traffic accidents. California had the highest number of pedestrian deaths in 2017 (858). California also had the highest number of deaths from pedestrian accidents in the first half of 2018 (432).
In this article, our Sacramento pedestrian accident attorneys discuss several issues related to pedestrian accidents in California.
Highlights From This Article:
- Pedestrian Accident Statistics
- Potential Factors Impacting the Rise in the Number of Pedestrian Deaths
- Why Are Traffic Accidents Deadly for Pedestrians?
- What Should You Do If You Are Injured in a Pedestrian-Vehicle Accident?
Pedestrian Accident Statistics
The number of individuals killed in pedestrian-vehicle accidents in 1990 was 6,482. While the expected number of pedestrian deaths in 2018 is just below that figure, the 2018 figure is higher than any other year since 2009. In 2009, pedestrian fatalities dropped to 4,109, but began increasing again over the next decade.
Other key statistics from the report include:
- California led in the number of pedestrian deaths for several years.
- From 2008 through 2017, pedestrian deaths increased by 35 percent compared to a decrease of six percent in the total of all traffic deaths during that same period.
- Pedestrian deaths increased by four percent from 2017 to 2018.
- California, along with Arizona, Florida, Texas, and Georgia, accounted for 46 percent of the pedestrian deaths in 2017.
- Twenty-five states experienced an increase in pedestrian fatalities from 2017 to 2018.
- Pedestrian deaths increased by 45 percent during the nighttime compared to an 11 percent increase in daytime pedestrian deaths from 2008 through 2017.
- From 2013 to 2017, the number of pedestrians killed in traffic accidents involving SUVs increased by 50 percent, compared to a 30 percent increase in traffic accidents involving passenger vehicles, even though passenger vehicles comprised 42 percent of the total vehicles involved in pedestrian accidents.
- About one-half of the pedestrian-vehicle fatalities in 2017 involved alcohol impairment of the driver or pedestrian.
Potential Factors Impacting the Rise in the Number of Pedestrian Deaths
There could be numerous factors at play that could contribute to the increase in pedestrian deaths. Some of the trends that the GHSA cited as potential causes in the rise of pedestrian fatalities include:
- An increase in the number of people walking. One survey found a four percent increase in the number of people who walk to work between 2007 and 2016.
- The need for safer crossings could contribute to the number of pedestrian accidents since most deaths occur at night on local roads.
- In about one-half of the pedestrian-vehicle accidents, unsafe behaviors were reported, such as distractions, speeding, alcohol impairment, and drowsy driving.
- The number of SUVs on roads may play a factor in the higher number of pedestrian deaths. A USA Today Network/Detroit Free Press investigation concluded that the popularity of SUVs was a leading cause of the increase in pedestrian deaths. SUVs have a higher front end, which can be deadly for pedestrians struck by these vehicles.
- Driver behaviors continue to be factors in pedestrian accidents. Speeding, drunk driving, reckless driving, drowsy driving, and failing to yield the right of way are just a few of the driving behaviors that contribute to the number of pedestrians killed each year.
Regardless of the reason why a pedestrian-vehicle accident occurs, the pedestrian is typically the victim who suffers the most severe injuries in the accident.
Why Are Traffic Accidents Deadly for Pedestrians?
Pedestrians do not have any protection from the impact of a collision with a vehicle. The individual’s body receives the full force of the impact. In some cases, a vehicle may actually run over the pedestrian, thereby crushing the person under the vehicle. In other cases, a pedestrian may be thrown causing the person to hit another object or violently strike the ground. In either case, the person’s body can be severely injured from the impact.
Life-threatening injuries, including internal bleeding and damage to internal organs, can result in immediate death or death within a few days. Other injuries may result in lifelong disabilities that severely limit the person’s ability to work, care for themselves, and care for their families.
Some of the common injuries that pedestrians sustain when they are struck by a vehicle include:
- Spinal cord injuries
- Broken bones and fractures
- Head and neck injuries
- Back injuries
- Head and brain injuries, including traumatic brain injuries (TBIs) and concussions
- Damage to internal organs
- Internal bleeding
- Scarring and disfigurement
- Permanent disabilities and impairments
Pedestrians who are injured in a motor vehicle accident can experience great financial hardship in addition to physical and emotional injuries. By filing an accident claim with the insurance company for the driver, an injured pedestrian may recover compensation for financial losses, physical injuries, and emotional suffering.
However, the steps a person takes immediately after a pedestrian accident can have a significant impact on an insurance claim. One way to protect your legal rights and best interests is to contact a Sacramento pedestrian accident attorney as soon as possible to discuss your claim. An attorney works to obtain a fair and just settlement for your losses and damages.
What Should You Do If You Are Injured in a Pedestrian-Vehicle Accident?
Being injured by a driver while you are crossing the road, jogging, walking to work, or otherwise enjoying walking can turn your world upside down. Below are some steps that our Sacramento pedestrian accident attorneys recommend that you take after a pedestrian-vehicle accident. While you may not be able to take all steps, the steps you can take can improve your chance of recovering full compensation for an accident claim.
Report the accident immediately.
Calling 911 is typically the best way to report the crash and request emergency medical services. In most cases, a pedestrian is severely injured; therefore, someone who witnessed the accident called the police to report the crash. Your attorneys may obtain the 911 records as evidence in your case.
Go to the emergency room for treatment.
In a few cases, a pedestrian may walk away from an accident thinking that he or she is not severely injured. However, the person could have sustained internal injuries or head trauma. It is wise to be checked and examined by a medical professional after being struck by a vehicle. In addition, refusal of transport to the ER is typically noted in the accident report, which could be used by an insurance provider to argue you were not injured in the crash.
Seek medical treatment.
If you do not go to the emergency room, it is wise to follow up with your physician as soon as possible. Seeing a doctor protects your health, but it also documents your injuries for an insurance claim.
Ask eyewitnesses for their names and contact information.
Eyewitness testimony can be extremely helpful for proving fault and liability for a pedestrian accident. If possible, ask witnesses to write their information down for you, text the information to you, or give their information to the police officer.
Take pictures of the accident scene.
This step may be impossible for a pedestrian who has been hit by a vehicle. However, the person may be able to ask a bystander to take a few pictures if the person’s cell phone was not damaged in the crash.
Do not discuss the accident.
Anything you say can be used by the insurance provider later in your case. Therefore, refrain from providing statements, written or recorded, to an insurance adjuster or other party representing the insurance provider or driver. Also, you may want to refrain from posting on social media until you speak with a Sacramento pedestrian accident attorney. A talented trial attorney could twist the meaning of innocent posts to convince jury members that you were not injured or not injured as severely as you claim.
Document damages and your recovery.
As you recover from your injuries, it helps to take photographs of your injuries and keep a journal detailing your pain and suffering. You should also keep detailed records of your financial losses and expenses related to the accident, your injuries, and your recovery. You must have evidence of financial losses to include amounts in a settlement demand.
Contact a Sacramento Pedestrian Accident Attorney
As soon as possible, call our office to schedule a free consultation with a personal injury lawyer in Sacramento. Our legal team helps you document your damages, investigates the crash, gathers evidence, protects you from aggressive insurance adjusters, and fights to get you the money you deserve after being injured by a reckless driver.
Pedestrian Accident Attorneys in Sacramento Fighting for Justice for Accident Victims and Their Families
Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our websiteto schedule a free consultation with one of our personal injury attorneys.
You deserve to have a legal team working diligently to protect your best interests. The insurance adjuster does not work for you! Instead of trusting an employee working for the insurance company, trust the Tiemann legal team to handle your pedestrian accident claim.
You may sustain a variety of injuries from an auto accident in Sacramento. Some common auto accident injuries include broken bones, spinal cord injuries, whiplash, fractures, back injuries, and head injuries. Second Impact Syndrome or SIS is a serious injury that may develop after an auto accident. In many cases, SIS is life-threatening. Victims who survive SIS typically have severe impairments.
What is Second Impact Syndrome?
SIS occurs when an individual suffers two concussions in a row with the second concussion occurring before the brain has completely healed from the first concussion. For instance, your daughter falls during a gymnastics competition and suffers a concussion. The following week, a speeding driver hits your car, causing your daughter to suffer severe whiplash. With the whiplash, she suffers a closed head injury that results in a concussion.
The second concussion may result in SIS, which should always be treated as a medical emergency. A person with SIS may or may not lose consciousness at the time of the second concussion. However, they often look confused or stunned and typically collapse within minutes. The person’s condition quickly worsens ultimately resulting in respiratory failure. Within minutes, a person could die from SIS.
Taking Precautions After a Concussion
SIS is rare, but it can take your life or the life of a loved one. Therefore, you need to be very cautious after a head injury. If you or your loved one suffers a concussion in a car accident, following the doctor’s orders is very important. Patients should not return to work, play sports, or engage in other activities until the concussion has healed completely. Any activity that could result in a second head injury could be deadly.
If you notice signs that might indicate a head injury, such as headaches, disorientation, fatigue, vomiting, nausea, or a general feeling of being “run-down” or “in a fog,” you should seek emergency medical treatment immediately. You could be suffering from SIS. The second impact does not need to be severe to cause SIS. A light impact can cause a concussion that leads to Secondary Impact Syndrome.
Seeking Medical Care for Brain Injuries After a Traffic Accident
Head injuries range from minor to severe. It is important to keep in mind that even a minor head injury or concussion is a serious health concern. Accident victims need to review the signs and symptoms of a brain injury so that they can seek medical care if they begin experiencing any of the symptoms of brain injury.
Common symptoms of a brain injury include:
- Losing consciousness
- Slurred speech
- Blurred vision
- Changes in personality
Filing an Accident Claim for a Brain Injury
If you sustain a brain injury in a traffic accident, you might be entitled to substantial compensation from the person who caused the crash. The Sacramento accident attorneys of The Tiemann Law Firm can help you file an insurance claim seeking full compensation for your injuries, losses, and damages.
Call our office at (916) 999-9000 for a free consultation.
Drivers and passengers are not the only victims of traffic accidents in Sacramento. Pedestrians can suffer severe injuries when a vehicle strikes them. When a vehicle injures a pedestrian, the pedestrian may be entitled to compensation from the driver. A Sacramento pedestrian accident attorney typically prepares a pedestrian accident demand letter when the person has completed medical treatment, and the claim is ready to be settled. A strong pedestrian accident demand letter can help you settle your claim quickly and for a fair amount.
Seeking Compensation for a Pedestrian Accident
When a pedestrian is injured, he has two options for recovering compensation for his injuries and damages. First, he can file an insurance claim with the driver’s insurance company. Second, he can file a civil lawsuit against the driver. In most cases, we begin by filing an insurance claim with the automobile insurance company. Most cases are settled without filing a personal injury lawsuit.
As the person is receiving treatment for his injuries, our legal team works to build a case for fault and liability. We gather evidence and research applicable laws and cases to build the legal case against the driver. We also gather evidence of damages, including proof of lost wages, medical bills, and evidence of other financial losses. This information is used to prepare the pedestrian accident demand letter.
Preparing a Pedestrian Accident Demand Letter
Once the individual completes treatment and is released by the physician, we are ready to begin negotiations with the insurance company. Sending the pedestrian accident demand letter is the first step in the negotiations.
The demand letter sets forth the allegations of fault and liability against the driver. We include a summary of the evidence that supports our allegations that the driver had a duty to act in a certain way to prevent injuries to pedestrians and owed a duty of care to the pedestrian. The driver breached the duty of care, thereby causing the accident and injuring the pedestrian.
A summary of damages is also included in the pedestrian accident demand letter. The letter includes a detailed accounting of the financial losses incurred because of the accident and injuries. It also includes a demand for compensation for non-economic damages. The non-economic damages include the physical, mental, and emotional pain and suffering endured by the pedestrian. G
A Good Starting Point to Negotiate
In short, a pedestrian accident demand letter is intended to convince the insurance company that the pedestrian has a valid legal claim and is entitled to full compensation of all damages. The amount of compensation demanded in the letter is usually on the higher end of the range that we believe the claim would be worth if we took the case to court. It is a starting point for negotiations.
Settling a Pedestrian Accident Claim
The demand letter gives us a beginning point to negotiate with the insurance company. In most cases, our lawyers and the insurance company negotiate a settlement that compensates the pedestrian fairly for his injuries and damages. When deciding whether to accept a settlement, we consider several factors, including the strength of the case, the availability of insurance coverage, and the time and cost of a lawsuit. Of course, it is always the client’s choice whether to accept an offer based on our legal counsel.
Contact a Sacramento Pedestrian Accident Attorney for More Information
If a negligent driver injured you, we want to help. For a free legal consultation, call The Tiemann Law Firm at (916) 999-9000.
When you think about a slip and fall accident, you may not immediately think about a child as the victim. However, children can be injured in falls just as adults. Slip and fall accidents can cause spinal cord injuries and traumatic brain injuries, which can cause long-term impairments for children.
If your child is injured in a fall, you should not assume that your child is at fault. In some cases, the environment could be the reason for the fall. Whether your child falls on the playground at school, in a store, or at a resort, you should seek medical attention for your child as soon as possible. In some cases, your child may not know how to express the symptoms he or she is experiencing. A trained doctor can often determine if an injury has occurred even if a child is not complaining of specific symptoms.
Four Consequences of a Slip and Fall Accident for a Child
A child may not have lost wages and some of the other damages incurred by an adult who is injured in a slip and fall accident. However, children can suffer a variety of damages related to the fall and the injury:
High Medical Bills
Depending on the severity of the injury, you could incur high medical bills to treat your child’s injury. In addition, your child may require ongoing or future medical care to treat the injury. In some cases, as a child grows, he or she may require additional surgeries or physical therapy because of the injury.
A fall can result in an injury that causes permanent impairments. These impairments could impact your child’s future employment opportunities. Your child may be entitled to compensation for this loss in a personal injury claim.
A slip and fall accident can interfere with your child’s education. If your child must be out of school for a long period because of the injury, catching up can be difficult. Your child may require a tutor or other assistance to catch up to protect your child’s educational future.
Loss of Activities
Your child may miss a lot of activities because of the injury. If your child plays sports, will your child be able to return to that sport? Is your child missing recitals or lessons because of the injury? A slip and fall injury can prevent your child from participating in normal activities, which can have a significant negative impact on his or her quality of life.
Filing a Slip and Fall Personal Injury Claim for a Child
Our Sacramento slip and fall attorneys represent children and their parents as they seek compensation for injuries sustained in a fall. It is important to seek competent legal counsel to protect your child’s right to receive full compensation for all injuries and damages.
Slip and falls can happen at any time during the year. However, during the holidays you will probably visit stores, restaurants, and other venues more than you are during other times of the year. You are also likely to attend more parties during this time of year. Therefore, you may be at risk of being injured in a holiday slip and fall.
Why are Holiday Slip
and Falls Common?
Stores have additional merchandise for the holidays that may be stacked precariously or blocking walkways. Stores have a duty to keep walkways clear for customers. In addition, merchandise should not be stacked or stored in a manner that could shift causing a customer to fall.
Additional crowds in restaurants and stores may result in spills that are not immediately cleaned up because wait staff or workers are too busy because they are short-staffed. Also, hosts who may not often entertain in their homes need to be aware of potential holiday slip and fall hazards that could cause a guest to be injured.
What Should You Do After
a Holiday Slip and Fall?
You cannot control your surroundings, but you can be aware of your surroundings. Look out for hazards that could cause a trip and fall. However, if you are injured in a holiday slip and fall, there are some steps that you should take to protect your legal right to seek compensation for your injuries.
- Report the fall immediately to the property owner or the manager. Ask for a copy of the written incident report. If the person does not create a written report, you need to make sure to note the person’s name and title, as well as the date and time you made the report.
- If there are eyewitnesses, ask for the witnesses’ names and contact information.
- See a doctor, regardless of the severity of your injury. You may not believe you are seriously injured. However, you may begin to experience injury symptoms. Any delay in medical care could be used against you by an insurance provider.
- Preserve your clothing and shoes in the event you need to file a claim and questions arise as to what you were wearing at the time of the fall.
- Refrain from discussing the fall or your injuries on social media. If possible, do not use social media after an accident. Consult with an attorney to avoid social media mistakes after a holiday slip and fall.
- Keep detailed notes of all meetings and conversations with anyone regarding your fall.
- Do not provide a written or recorded statement to any party before you consult with a Sacramento slip and fall attorney.
Contact a Sacramento
Slip and Fall Attorney Now
If you are injured in a slip and fall, California’s premises liability laws allow you to seek compensation for your injuries from a negligent property owner. Laws related to slips and falls can be complex. We encourage you to discuss your claim with one of our Sacramento slip and fall attorneys as soon as possible.