It’s no surprise why so many people make a habit out of jaywalking. It saves time, and trekking down the road just to reach an intersection can seem overly cautious. Unfortunately, if you were hit by a vehicle while jaywalking, it might be difficult to recover compensation for 100 percent of your medical bills, lost wages, and other damages.In the state of California, pedestrians are generally prohibited from entering a roadway outside of a marked crosswalk, or on an unmarked crosswalk at an intersection so near to a vehicle as to cause imminent danger. Breaking this law is usually considered negligent. Under California’s pure comparative negligence system, the financial recovery in a … [Read more...]
4 Differences Between Pedestrian Accident vs. Auto Accident Claims
You may already be familiar with the basic process of filing an auto insurance claim. You gather evidence at the scene, get a police report, seek medical care, calculate your damages, and you or your attorney submits the claim package. Although these same steps apply to pedestrian accident cases, the laws that govern liability are slightly different when a pedestrian is involved. Also, the injuries suffered by pedestrians tend to be severe, which can affect settlement negotiations.If you were hit by a negligent driver as a pedestrian and you need help filing a claim, contact the Law Office of Michael D. Waks. We will evaluate your case for free and help you make informed decisions. Call … [Read more...]
Umbrella Coverage: A Potential Source of Recovery in Tort Claims
Recovering a fair settlement after a serious injury or wrongful death is a tricky process that may involve several insurance policies. Ideally, the person or entity that caused your injury or loss will have liability insurance that covers such scenarios, whether it was a car accident, slip and fall, product defect, etc.In addition to auto, home, and renter’s insurance, some defendants have umbrella coverage. This is extra liability insurance that will kick in if the policyholder is held responsible for serious injuries, property damage, and/or other losses that are not fully covered by their other policies.For example, if you were hurt in a car accident but the at-fault driver’s auto … [Read more...]
Will Banning “Texting While Walking” Prevent Pedestrian Accidents?
Traffic accidents are killing pedestrians in record numbers. In 2016, pedestrian deaths reached their highest level since 1990. The 5,987 pedestrian accident fatalities in 2016 represented an 11% increase in deaths from 2015 and a 27% increase from 2007. Pedestrian accident attorneys have seen the devastating impact on families when cars kill or seriously injure pedestrians.The 2017 pedestrian accident death rate maintained the 25-year-high of nearly 6,000 fatalities in a year. Researchers, law enforcement, and pedestrian accident attorneys are analyzing data to determine why walking has become so deadly.What do data tell us about the spike in pedestrian accident deaths?The data are … [Read more...]
3 Facts Every Pedestrian Should Know About California Crosswalk Laws
Jaywalking is a violation of California Crosswalk Laws, but you won’t find a statute prohibiting it. Instead, you will find rules about where to cross a street.While “jaywalking” is not used in the California Vehicle Code statutes, it is found deep in Appendix B. This appendix contains a list of Vehicle Code violations. In this list, violating the rule about crossing the street at intersections is called “jaywalking.” Jaywalking is an infraction punishable by a fine that can be as much as $250.Pedestrians who want to avoid jaywalking and the steep fines that come with it should know these California crosswalk law facts.1. Californians can cross the street after the countdown timer … [Read more...]
What are the Top 5 Causes of Pedestrian Accidents?
Los Angeles County is one of California’s most dangerous counties for pedestrians. Reducing the danger begins with knowing the top causes of pedestrian accidents.How Dangerous is Los Angeles County for Pedestrians?Out of California counties, Los Angeles County is the second most hazardous when measured by non-fatal pedestrian injuries. San Francisco County has the highest rate of pedestrian injuries and Alameda County has the third highest rate. For pedestrian fatalities, though, Los Angeles County ranks 13th out of the 28 California counties with more than 20 fatalities between 2007 and 2013. In that time period in LA County, traffic accidents killed 1,382 pedestrians and injured 35,653 … [Read more...]
Pedestrian Accidents & the Uninsured Motorist
Pedestrians and bicyclists can be seriously injured when struck by a car or truck. And the chances of being involved in a pedestrian accident is greater than you think. According to the NHTSA, in 2015, almost 5,400 pedestrians died and 66,000 were injured by cars nationwide. That means a pedestrian or bicyclist was hurt or killed every seven minutes. In California, pedestrian accident fatalities were the highest in the nation two years in a row.As you can imagine, being hit by a car can be both physically and emotionally devastating. With nothing to protect you from the weight, steel and force of a car, pedestrian injuries are often severe. While you are recovering, medical and other … [Read more...]
Is Distracted Walking the New Danger for Pedestrians?
Long Beach, CA was named the 10th most walkable city in the United States. According to the City's press release, Long Beach is the only city in Southern California to make the top 10. This is great news for the City since it invested heavily in the needs of pedestrians. But as a Long Beach personal injury lawyer, I have seen the number of pedestrian accidents rise. Why?A new report from Business Wire may shed light on why this is happening in walkable cities around the country. With a higher concentration of pedestrians, a new widespread phenomena has become clear. Similar to distracted driving, pedestrians today are focusing on their phones instead of where they are walking.Are … [Read more...]
California Has the Highest Pedestrian Accident Death Rate
In 2014, approximately 700 pedestrians died in motor vehicle accidents in the state of California. Almost exactly the same number of pedestrians were killed in the state in 2013. Even as the overall number of people killed in motor vehicle collisions has declined, there has been a significant increase in pedestrian accident deaths nationwide.Some states have a higher pedestrian death rate than others. The LA Times reports California was the state with the highest number of pedestrian fatalities in 2013 and 2014. California clearly needs to do more to keep pedestrians safe, as do lawmakers who design roadways and set traffic safety policies.California Has the Highest Number of … [Read more...]
Dangerous LA Intersections are Putting Pedestrians at Risk
Pedestrians face significant dangers when they are hit by a motor vehicle, since they are not protected in any way from the force or impact of the collision. Unfortunately, between 2002 and 2013, there were more than 58,000 accidents involving pedestrians in Los Angeles County. In many cases, these pedestrians were hurt at intersections that were poorly designed and that created a significant risk of pedestrian collisions.Dangerous LA Intersections Put Pedestrians at Risk of AccidentsThere are certain dangerous LA intersections where a significant number of pedestrian accidents occur. From 2002 to 2013, for example, 15.5 percent of all pedestrian crashes in the Los Angeles area … [Read more...]
