Steps to Take After a Pedestrian Accident

Recent News

On a busy Christmas day in Manhattan, NY, a taxi cab lost control and struck six pedestrians. Reports have not yet been fully disclosed, but fortunately, nothing fatal has happened. These types of incidents occur quite often, especially in high-traffic, big-city areas. According to the National Highway Traffic Safety Administration (NHTSA), they reported that “In 2022, 7,522 pedestrians were killed and more than 67,000 pedestrians were injured nationwide”.  Here in California, the Office of Traffic Safety (OTS) reported back in 2021 that “1,108 pedestrian fatalities in California, an increase of 9.3% from 2020”. Here at KAASS LAW, we believe in the importance of pedestrian safety and should inform them of their legal options on what to do if something like this ever happens to them. The following will show steps to preventing these types of accidents from happening and, alternatively, help you understand your rights as a pedestrian.  

Common Causes

While there are many scenarios that become a factor for pedestrians, for the most part, it’s usually the driver at fault for these incidents. Here are some primary causes of pedestrian accidents:

1. Distracted Drivers: Someone who is texting, talking on their cell phones, eating, looking in a different direction, or simply not paying attention, these are the typical causes of a distracted driver. Fatigue is also another form of distraction.
2. Speeding: Drivers who exceed the speed limits or drive way too fast during road conditions or high traffic can be a problem. The faster the car is going, the harder it is for it to break enough to react toward a pedestrian crossing the street.
3. Failing to Yield: In some pedestrian accidents, the driver’s failure to yield the right of way can cause accidents upon pedestrians. It can be from crosswalks, or to intersections, vehicles should yield to pedestrians. Especially if the pedestrian is on a marked crosswalk.
4. Drunk Driving: Alcohol and even drugs can impair the driver’s ability to reach and make decisive choices behind the wheel. The results of these accidents are more catastrophic than the others.
5. Bad Roads: Every now and then, a driver may potentially come across a bad road, a hazardous condition, or an item that is on the road, and may cause the driver to swerve out of the way, and potentially hit a pedestrian. Also, for pedestrians, sometimes the location where they are planning to cross may be areas with poor light, obstructions in crosswalks or intersections, and out-of-date design pedestrian zones that compromise the pedestrians’ safety.
6. Weather: For the most part, nobody likes to drive in the rain. This goes the same with pedestrians walking under the same weather condition. Other factors include, but not limited to, fog, snow, or glare increases the chances of collisions.

What Should I Do After A Pedestrian Accident?

1. Treatment: First and foremost, health is wealth. If you sustained any bodily harm post-pedestrian accident, seek medical attention right away. Internal bleeding, concussions, and any fractures or bruises should have a record with the right medical service providers.
2. Report: Contacting law enforcement goes hand in hand with potentially calling a medical emergency.  This also creates a record of the accident and assists with potential claims or lawsuits against the adverse party. If applicable, trying to get the driver’s insurance information can be another form of making a report.
3. Gather Evidence: Take pictures, and videos, and try to have a witness and record anything relevant to the accident. There are also scenarios of pedestrians being a victim of a hit & run. Intersection cameras can be a great use of footage if you aren’t able to record anything on your end. Trying to remember a license plate number can be great use so the police can successfully track anyone down.
4. Seek Legal Consul: Pedestrian accidents can be complex at times, especially if multiple parties are at fault. An experienced personal injury attorney can assist and navigate the legal process. This includes your medical expenses, lost wages, pain and suffering, or potential treatment post-settlement.

Contact Us

Here at KAASS LAW, we understand victims’ hardships when it comes down to pedestrian accidents. The physical, emotional, and financial toll of a pedestrian accident can be a heavy burden on you and your surroundings. Our team is very well experienced in personal injury claims and lawsuits. We stand with our clients in their need of help. We also, which is equally important, stand with our community for any potential restitution for pedestrian accidents.  These types of unfortunate events are a serious issue, both in California and across the nation. With drivers often impaired for a number of reasons, pedestrians are at great risk of injury or worse. If you have been involved or know someone that was a victim of such an accident, please contact us right away.