Victorville Pedestrian Safety: Legal Recourse After an Accident

Introduction: Walking in Victorville: A Risky Proposition?

Victorville, California, a bustling city in the High Desert, unfortunately, holds a concerning distinction. A recent study identified Victorville as the second deadliest city for pedestrians in the United States, with a staggering 100% increase in pedestrian fatalities between 2020 and 2021. This alarming statistic underscores the urgent need for heightened pedestrian safety awareness and robust legal recourse for those injured in pedestrian accidents. If you or a loved one has been involved in a pedestrian accident in Victorville, understanding your legal rights and options is crucial.

Understanding California Pedestrian Laws

California law strongly protects pedestrians, granting them the right-of-way in many situations. According to the California Vehicle Code (CVC), drivers must yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk. This means drivers must slow down or stop, if necessary, to allow pedestrians to safely cross the street.

Key California Pedestrian Laws:

CVC 21950: This section gives pedestrians the right-of-way at crosswalks, whether marked or unmarked. Drivers must exercise caution and reduce their speed when approaching a crosswalk.
CVC 21952: Vehicles do not have the right-of-way when crossing a sidewalk. Pedestrians have the right-of-way on sidewalks.
CVC 21955: Pedestrians must use crosswalks at intersections where they exist.
CVC 21963: Blind pedestrians using a cane or guide dog have the right-of-way at all intersections.

While pedestrians have significant protections, they also have responsibilities. Pedestrians cannot suddenly leave a curb or enter a roadway unsafely. They must also obey traffic signals and use crosswalks when available.

Common Causes of Pedestrian Accidents in Victorville

Several factors contribute to the high rate of pedestrian accidents in Victorville. Some of the most common causes include:

Distracted Driving: Drivers using cell phones, texting, eating, or otherwise not paying attention to the road are a major threat to pedestrians.
Failure to Yield: Drivers failing to yield the right-of-way to pedestrians in crosswalks is a frequent cause of accidents.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of an accident.
Driving Under the Influence (DUI): Alcohol and drug impairment significantly impairs a driver’s judgment and coordination.
Poor Visibility: Limited visibility due to darkness, weather conditions, or inadequate lighting can make it difficult for drivers to see pedestrians.
Reckless Driving: Aggressive behaviors like running red lights, tailgating, and weaving through traffic increase the risk of pedestrian accidents.
Inadequate Infrastructure: Victorville’s rapid expansion has led to areas with increased foot traffic but lacking sufficient crosswalks, signage, and street lighting.

Legal Recourse for Pedestrian Accident Victims

If you have been injured as a pedestrian in Victorville due to someone else’s negligence, you have the right to seek compensation for your losses. A personal injury claim can help you recover damages such as:

Medical Expenses: This includes past and future medical bills, hospital stays, surgeries, rehabilitation, physical therapy, and prescription medications.
Lost Wages: You can recover lost income from being unable to work due to your injuries, including salary, hourly wages, bonuses, and benefits.
Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident.
Other Damages: Depending on the circumstances, you may also be able to recover damages for property damage, loss of enjoyment of life, and permanent disability.

Understanding Negligence and Liability

To successfully pursue a pedestrian accident claim, you must prove that another party was negligent and that their negligence caused your injuries. Negligence means that the person or entity failed to exercise reasonable care, resulting in harm to another person.

In pedestrian accident cases, negligence can take many forms, such as a driver:

Violating traffic laws
Driving while distracted
Driving under the influence
Failing to maintain their vehicle properly

Liability refers to who is legally responsible for the accident. In most cases, the negligent driver will be held liable for a pedestrian accident. However, other parties may also be liable, such as:

The driver’s employer: If the driver was working at the time of the accident, their employer may be liable.
A government entity: If the accident was caused by a dangerous road condition, such as inadequate lighting or a missing crosswalk, the city or county responsible for maintaining the road may be liable.
A vehicle manufacturer: If the accident was caused by a defect in the vehicle, the manufacturer may be liable.

Comparative Negligence in California

California follows a “pure comparative negligence” rule. This means that you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault for the accident, you can recover 80% of your damages.

Steps to Take After a Pedestrian Accident

If you are involved in a pedestrian accident, it is crucial to take the following steps to protect your health and legal rights:

Seek Medical Attention: Call 911 immediately, even if you do not think you are seriously injured. Some injuries may not be immediately apparent.
Report the Accident: Call the police and file a report. This creates an official record of the accident.
Gather Information: If possible, collect the driver’s name, contact information, insurance details, and license plate number. Also, get contact information from any witnesses.
Document the Scene: Take photos and videos of the accident scene, including any visible injuries, vehicle damage, and road conditions.
Do Not Admit Fault: Avoid making any statements that could be interpreted as admitting fault for the accident.
Contact a Victorville Pedestrian Accident Lawyer: An experienced attorney can advise you on your legal rights and options and help you pursue a claim for compensation.

The Role of a Victorville Pedestrian Accident Attorney

Hiring a Victorville pedestrian accident attorney can significantly benefit your case. An attorney can:

Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident to determine liability.
Assess Your Damages: Calculate the full extent of your economic and non-economic losses.
Negotiate with the Insurance Company: Handle all communications with the insurance company and negotiate a fair settlement on your behalf.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Protect Your Rights: Ensure that your legal rights are protected throughout the entire process.

Is it Advisable to Accept the Initial Settlement Offer?

It is generally not advisable to accept the initial settlement offer from the insurance company after a pedestrian accident. Insurance companies often offer a low settlement to minimize their payout. An attorney can help you evaluate the offer and determine if it adequately compensates you for your losses.

Filing a Claim Against a Driver or City Authority

In Victorville, you can file a claim against a driver for negligence, such as failing to yield, speeding, or distracted driving. You can also file a claim against the city if dangerous road conditions contributed to the accident. Claims against the city have stricter requirements and shorter deadlines, so it is essential to consult an attorney as soon as possible.

Conclusion: Seeking Justice and Compensation

Pedestrian accidents can have devastating consequences, leaving victims with severe injuries, financial hardship, and emotional trauma. If you or a loved one has been injured in a pedestrian accident in Victorville, it is essential to understand your legal rights and options. Contacting an experienced Victorville pedestrian accident attorney can help you navigate the legal process, protect your rights, and pursue the compensation you deserve. Remember, you don’t have to face this challenging time alone.