Newport Beach Pedestrian Accident Attorney
Common Causes of Pedestrian Accidents and What Damages Are Available in a Personal Injury Claim
Pedestrians are the most vulnerable when it comes to traffic collisions. Motorists are given metal barriers, seat belts, and airbags as protection to reduce the likelihood of sustaining life-threatening injuries, however, pedestrians have nothing barricading them from an accident. Even though right-of-way laws have been established to keep pedestrians safe, it is not always guaranteed that drivers will follow these rules and regulations. Unfortunately, Newport Beach has had its cases of pedestrian accidents. A majority of them have involved reckless drivers who have chosen to go against the rules of the road.The most common pedestrian accidents that have occurred within the city include the following:- A person getting struck by a vehicle while crossing the street.
- A drunk driver crashing into a pedestrian who was walking on the sidewalk.
- Maintain eye contact with drivers prior to crossing the street to ensure that they are fully aware of your presence.
- Look both ways before crossing the street to check for any oncoming vehicles.
- Wear bright or reflective clothing when going out for a walk at night to make yourself appear more visible to drivers.
- If no sidewalks are available, walk on the far right side of the road.
- If you are in a parking lot, observe your surroundings and keep an eye out for any parked vehicles that are attempting to back up.
- Malfunctioning signals. A transportation department is required to warn motorists and pedestrians about any malfunctions. Liability can be incurred if there are not enough warnings given about potential hazards.
- Conflicting signals. Cities may attempt to invoke immunity from liability if a conflicting traffic signal causes a pedestrian to get involved in an accident. However, if traffic signals were not positioned properly, immunity may not be applicable and a city or public entity can still be held responsible for damages caused by their negligence.
- Not enough time to safely cross. If traffic signals are not properly programmed to allow a pedestrian enough time to safely cross the street, it could place pedestrians at a higher risk of getting into an accident. The city can be held accountable for any injuries that were caused by programming errors.
- Poorly placed traffic signs. Traffic signs that are placed in areas where it cannot be clearly seen could increase the likelihood of an accident occurring, whether it be a car accident, pedestrian accident, or motorcycle accident. The city or public entity can be held liable for any injuries or damages. A city may counter by claiming that the injured pedestrian suffered injuries because of their own negligence and not because of the poorly placed stop sign. However, in most cases, a city can be held responsible for injuries caused as a result of a poorly placed stop sign.
- Skateboarders on a sidewalk
- Runners on a sidewalk
- Distracted pedestrians not watching the road
- Uncontrolled or unleashed dogs
- Large groups of people on a sidewalk
- Trucks or buses with large side mirrors that extend to a sidewalk
- Parked cars suddenly opening their doors
- Bicyclists on a sidewalk
- Physical altercations
- Children running around or rough-housing
Available Damages
Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence. Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. It is calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. A few examples of economic losses include loss of earning capacity, medical bills, and lost wages. Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. This may include compensation for emotional distress, pain and suffering, and loss of enjoyment of life. The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. It is relatively rare and, in fact, is only incorporated in about 5 percent of all verdicts. Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.West Coast Trial Lawyers Is Here to Help
If you have sustained injuries in a pedestrian accident as a result of someone’s negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. A Newport Beach pedestrian accident attorney at West Coast Trial Lawyers will help you recover compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Reach out to us today by calling (949) 822-9593 or emailing [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.Free Case Evaluation