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Pedestrian accidents occur nearly every day in California. Cities such as Solana Beach, have released reports of pedestrians being killed or injured by a vehicle. With thousands of drivers occupying the roads on a daily basis, it is inevitable that a negligent driver will be part of the statistics. This is primarily why a pedestrian must be careful at all times. By law, vehicles must yield to pedestrians. However, there are reckless drivers out there who would choose to disobey this rule for their own selfish purposes, which increases the chances of an accident. In certain circumstances, the pedestrian could be at-fault for the collision. 

If you are were a pedestrian who fell victim to a motor vehicle accident and would like to file a claim against the at-fault driver, West Coast Trial Lawyers has experienced Solana Beach pedestrian accident attorneys that are committed to making sure you get a satisfactory end-result to your case. Our team has successfully won over 5,000 personal injury cases. We have also acquired more than $1 billion in settlements and judgments for our clients. Our achievements have gotten us ranked as one of the top personal injury law firms in Solana Beach.

Our services do not offer any financial risks. No fees will be charged until we win! To schedule a free, no-obligation consultation at our Solana Beach personal injury law firm, reach out to our 24/7 legal team by calling (858) 566-7890 or emailing [email protected]

Intentionally Hitting Someone With A Car

Due to the negligent nature of pedestrian accidents, a victim will likely be entitled to punitive damages. The pedestrian is expected to show proof of the driver intentionally trying to injure them. Punitive damages will be awarded by the court’s discretion. The wrongdoer will suffer punishments for deliberately performing acts of malice.

The driver at-fault for intentional harm will endure severe consequences, such as criminal charges. If the pedestrian was killed, then the driver will face manslaughter charges, which will result in a felony and a lengthy prison sentence.  

Additionally, the driver will most likely get their driver’s license revoked. They will temporarily lose the ability to drive their vehicle and would have to go through a long process to reinstate their license. The chances of a driver getting their license taken away will only increase if they intentionally wanted to hit the pedestrian or were intoxicated when the accident happened.

Exceptions 

There are exceptions that could limit the amount of liability for the driver. If the pedestrian was at-fault for the accident, then an  exception will apply to the driver. An example could be a pedestrian, under the influence of alcohol, decided to jay-walk on the road to cross the street. The driver noticed the pedestrian but was unable to react in time to avoid the collision. In this type of situation, the pedestrian will likely be placed at-fault since they are performing an illegal act while being intoxicated.

Vehicular Manslaughter 

If a pedestrian passed away as a result of a car accident, the at-fault driver could face criminal charges. For example, an intoxicated driver’s failure to yield to a pedestrian using a crosswalk will likely result in the driver being faced with vehicular manslaughter or involuntary manslaughter charges. 

How To Reduce Pedestrian Accidents
  • Stay in your vehicle. If there was an emergency that requires you to park on the side of the road, continue to remain in your vehicle. If you are unable to do this, call a tow truck or emergency vehicle assistance service.  You may only get out to inspect the engine, tires, or whatever part of the vehicle that caused you to make a stop. Once you have finished this task, you should go back in your vehicle and call for help. The main reason why you must perform these actions is due to the alarming amount of people that have been killed or injured from getting hit by a car while fixing their vehicle. 
  • Walk defensively. You should put your guard up while you are walking on the street. Be aware and cautious of your surroundings. Many pedestrian accidents can be avoided if the pedestrian is carefully observing what is going on around them. 
  • Do not use your phone while you are walking. Using your phone while walking on the street is very dangerous. You are unlikely to notice vehicles or other pedestrians approaching you. You could get hit by a vehicle or pushed by another pedestrian. Pay attention to the street and keep your phone in your pocket or bag. 
  • Use a crosswalk. People tend to jaywalk instead of using a nearby crosswalk. Jaywalking can cost your life. Vehicles are unaware of a pedestrian suddenly walking across the street. Drivers may not react quickly and crash into the pedestrian. A crosswalk will make a driver anticipate seeing a pedestrian walking by, thus making it easier for them to make a full stop. 
  • Make eye contact. Even though pedestrians have the right of way, it does not necessarily mean that every driver will be yielding to you. Always make sure to give eye contact to the drivers so they are aware of you trying to make an attempt to cross the street.
  • Be aware of parked cars. Make sure to check your surroundings while you are walking in the parking lot, especially at night. Drivers will have a difficult time noticing you while they are backing up. Wear reflective or neon clothing to make yourself stand out more if you are going to walk out at night.
  • Make sure to look both ways before crossing the street. As stated before, even if you have the right of way, drivers can still choose to speed up or pass a red light. It is always important for you to look both ways before you cross the street. 
  • Do not walk on the road, remain on the sidewalk. Avoid walking on the road. The sidewalk is made for pedestrians to use. If you choose to walk on the road, you will make the drivers become frustrated and cause slow-moving traffic.
  • Do not walk on the street while intoxicated. If you are under the influence of drugs or alcohol, it makes it difficult for you to understand what is going on around you. About 33 percent of car and pedestrian accidents have involved a pedestrian who consumed alcohol before walking outside. Alcohol has the ability to impair your vision and make it complicated for you to decide how to get to certain areas. This does not necessarily mean that you cannot consume alcohol before walking on the street. It primarily means that you should follow the same protocols of drinking that you would use if you were going out for a drive.
Contact Us

When you've suffered injuries in Solana Beach because of a pedestrian accident, West Coast Trial Lawyers can help you recover financial and emotional compensation for the losses you have suffered, including medical bills, emotional distress, property damage, lost wages, and pain and suffering. Call us today at (858) 566-7890 or email [email protected] to schedule a free consultation with our knowledgeable legal office

CONTACT WEST COAST TRIAL LAWYERS TODAY


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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