How Can Pedestrians Seek Compensation After an Accident in Fresno?

How Common Are Pedestrian Accidents in California?

The California Department of Public Health reports that statewide, 1,388 people died, 4,312 were hospitalized, and 14,740 made emergency room visits because of pedestrian accidents in a single recent year. The majority of pedestrian fatalities (90%), hospitalizations (86%), and emergency room visits (73%) resulted from motor vehicle traffic injuries. Between 2017 and 2021, pedestrian fatalities in California increased by 22%. The risk of injury or death may be greater for pedestrians in cities such as Fresno, where congested traffic and active pedestrian zones coexist.

What Is the Impact of Pedestrian Accidents?

Unlike passenger car occupants, pedestrians are unprotected and likely to sustain serious injuries when struck by a moving 4,000 lb. vehicle. Pedestrian accidents can have long-term, life-altering consequences. The nature and severity of injuries depend on various factors, including the point of impact, the vehicle’s speed, and the pedestrian’s age and health. The following injuries are commonly sustained in pedestrian accidents:

• Head and brain injuries: These include concussions, leading to temporary loss of consciousness, confusion, and headaches; skull fractures; and severe traumatic brain injuries, causing long-term or permanent cognitive, emotional, and physical impairments.
• Facial injuries: When a pedestrian is hit by a vehicle, the nose, cheekbones, or jaw may be broken upon impact, causing disfigurement or requiring reconstructive surgery. Damage to the teeth or jaw may require oral surgery or extensive dental work. Trauma to the eyes can cause vision loss and other permanent conditions.
• Spinal injuries: Pedestrian accident victims may suffer spinal cord injury leading to partial or total paralysis, fractured vertebrae, and herniated discs.
• Bone fractures and dislocations: Broken legs and arms are common when pedestrians are hit while walking or crossing a street. Impact with a vehicle can cause serious pelvic injuries, which may require surgery. Rib fractures from vehicles striking pedestrians can lead to complications, such as internal bleeding or punctured lungs.
• Amputations: Severe injuries to arms or legs may require amputation, which profoundly impacts a victim’s mobility and quality of life. When limbs are crushed between a vehicle and the road or another surface, it can cause injuries so severe that amputation is unavoidable.
• Internal injuries: The impact of a collision between a moving motor vehicle and a pedestrian’s body can damage organs, such as the kidneys, liver, or spleen, potentially causing internal bleeding or organ failure. Although internal bleeding may not be apparent immediately, it is a life-threatening condition that requires urgent medical attention.
• Lacerations and abrasions: Pedestrians may sustain cuts, scrapes, or deep lacerations from contact with the road, the vehicle, or other objects. Severe cuts can damage underlying tissues. They may cause significant scarring or require reconstructive surgery.
• Soft tissue injuries: Bruises and contusions can be painful and may heal slowly. Strains or tears in ligaments or tendons can limit mobility and may require surgery and/or physical therapy. Whiplash (injury to the neck caused by rapid back-and-forth movement) can lead to pain, stiffness, and headaches.
• Emotional trauma: Combined with a lengthy recovery period, the psychological impact of being struck by a vehicle can lead to anxiety or depression. Victims may experience emotional distress after a traumatic accident.
• Death: Pedestrian accidents can cause fatal injuries, particularly when vehicles are traveling at higher speeds.

Who Is Liable for Pedestrian Accidents in Fresno?

Although California law prioritizes the safety of pedestrians, establishing liability is not always straightforward. The following are key factors to consider:

• Driver negligence: A driver who was distracted, speeding, driving under the influence of alcohol or drugs, or who failed to yield the right-of-way at a crosswalk may be at fault for a pedestrian accident.
• Pure comparative fault: Our state follows a pure comparative fault rule, as codified in the California Code Section 1714. Under the law, a pedestrian partially at fault for an accident may still recover damages. However, compensation will be reduced by the percentage of fault assigned to the injured pedestrian. For example, a pedestrian found to be 20% at fault can still claim 80% in damages.
• Pedestrian behavior: Actions such as jaywalking, ignoring traffic signals, or crossing outside designated areas can affect liability. Presenting evidence that supports the pedestrian’s lawful behavior at the time of the accident is essential.

What Types of Compensation Are Available for Pedestrian Accidents?

If you have been struck and injured as a pedestrian in Fresno, you are entitled to seek compensation from responsible parties. Your damages will depend on the nature and extent of your injuries and the specific circumstances of your case. The following are common damages in pedestrian accident claims:

• Past and future medical expenses (including emergency treatment, hospital stays, surgeries, and physical therapy)
• Lost wages
• Diminished earning capacity
• Pain and suffering
• Emotional distress
• Diminished quality of life
• Property damage (if personal items, such as a smartphone, watch, or clothing, were damaged in the accident)
• Punitive damages (if the driver’s actions were particularly reckless or malicious)

What Are the Challenges of Pursuing Pedestrian Accident Claims?

Pedestrian accident cases come with unique challenges. These include disputes over liability, insurance company tactics to pressure victims into accepting less than they deserve, and difficulties proving and quantifying non-economic damages such as pain and suffering. Our Freson personal injury lawyers at Tomassian, Pimentel & Shapazian are dedicated legal advocates for injured pedestrians. We provide an honest evaluation, so you know where you stand and work relentlessly to gather evidence to support your claim. We can negotiate skillfully with insurance companies on your behalf and will not hesitate to take your case to court if necessary to secure fair compensation. Contact us at 559-545-0383 if you have been injured in a pedestrian accident in the Fresno area.