Santa Barbara Pedestrian Hit: What Are Your Legal Options?

A pedestrian hit by a vehicle in Santa Barbara faces a challenging and uncertain future. In 2021, Santa Barbara reported the seventh-most pedestrians killed or injured among 105 cities with a similar population size, highlighting the risks pedestrians face. If you or a loved one has been involved in such an accident, understanding your legal options is crucial. This blog post aims to provide a comprehensive overview of those options, offering guidance and support during a difficult time.

California Law and Pedestrian Rights

California law strongly protects pedestrians, granting them the right of way in marked and unmarked crosswalks. According to California Vehicle Code (CVC) 21950, drivers must yield to pedestrians crossing the street, even if the crosswalk isn’t marked. This means drivers must slow down and stop to allow pedestrians to cross safely.

However, pedestrians also have responsibilities. They cannot suddenly leave a curb or run into the path of a vehicle. The “Freedom to Walk Act,” which went into effect in early 2023, decriminalizes safe jaywalking, allowing pedestrians to cross outside a crosswalk if it is reasonably safe to do so. Even with this act in place, pedestrians must still yield to vehicles if they create an immediate hazard.

Determining Liability in a Pedestrian Accident

Establishing liability is crucial for securing compensation in a pedestrian accident case. Several factors are considered when determining who is at fault:

Driver Negligence: Was the driver speeding, distracted, or under the influence?
Pedestrian Actions: Was the pedestrian following traffic signals and using crosswalks when available?
Environmental Factors: Did weather conditions or poor visibility contribute to the accident?

Evidence such as witness statements, police reports, and traffic camera footage can help determine liability. Even if a pedestrian is partially at fault, they may still be able to recover damages under California’s “pure comparative fault” rule. This means that the compensation is reduced by the pedestrian’s percentage of fault.

Legal Options for Pedestrian Accident Victims

If you’ve been injured as a pedestrian in Santa Barbara, you have several legal options:

Personal Injury Claim: You can file a claim against the driver’s insurance company to recover damages such as medical expenses, lost wages, and pain and suffering.
Premises Liability Claim: If the accident was caused by hazardous conditions on a property (e.g., uneven pavement), you may be able to file a claim against the property owner.
Wrongful Death Claim: If a pedestrian dies as a result of the accident, their family can file a wrongful death claim to recover damages such as funeral expenses and loss of support.

Types of Compensation Available

In a successful pedestrian accident claim, you may be entitled to various types of compensation:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and ongoing care.
Lost Wages: You can recover lost income due to missed work, as well as future loss of earning capacity if your injuries prevent you from returning to your previous job.
Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the accident, including anxiety, depression, and PTSD.
Property Damage: If any of your personal belongings were damaged in the accident (e.g., glasses, phone), you can recover the cost of repair or replacement.

Steps to Take After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, taking the following steps can protect your rights and strengthen your legal claim:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention, even if you don’t think you’re seriously injured.
Report the Accident: Call the police and file an official accident report.
Gather Evidence: If possible, take photos of the accident scene, your injuries, and any property damage. Collect contact information from the driver and any witnesses.
Avoid Admitting Fault: Do not admit fault or make any statements that could be used against you later.
Contact a Personal Injury Attorney: An experienced attorney can advise you on your legal rights and help you navigate the claims process.

The Role of a Santa Barbara Personal Injury Lawyer

Navigating the legal complexities of a pedestrian accident claim can be overwhelming. A Santa Barbara personal injury lawyer can provide invaluable assistance:

Case Evaluation: An attorney can assess the merits of your case and advise you on the best course of action.
Investigation: They can conduct a thorough investigation to gather evidence and identify all liable parties.
Negotiation: An attorney can negotiate with the insurance company to reach a fair settlement.
Litigation: If a settlement cannot be reached, an attorney can file a lawsuit and represent you in court.

Several reputable personal injury law firms serve the Santa Barbara area, including Maho Prentice, LLP, NordstrandBlack PC, Pulverman & Pulverman, LLP, Crane Flores Injury & Car Accident Lawyers and Andrade Law Offices. These firms have a proven track record of success in pedestrian accident cases and can provide the skilled representation you need.

Recent Trends and Statistics in Santa Barbara

According to a report given to the City Council in October 2024, Santa Barbara had the highest number of bicyclists killed or injured by vehicles among similar-sized California cities in 2021. From 2020 to 2024, there were 2,196 reported traffic collisions in Santa Barbara that resulted in injuries, with 14 fatalities. These statistics highlight the importance of pedestrian safety and the need for drivers to exercise caution.

Seeking Justice and Fair Compensation

Being hit by a car as a pedestrian can have devastating consequences. Understanding your legal options is the first step toward seeking justice and recovering the compensation you deserve. By working with an experienced Santa Barbara personal injury lawyer, you can protect your rights and focus on healing and rebuilding your life.