Santa Barbara Pedestrian Hospitalized: Understanding Your Rights After an Accident

Walking around Santa Barbara, with its beautiful scenery and pleasant weather, is a way of life for many. However, the unfortunate reality is that pedestrian accidents do occur, sometimes with devastating consequences. If you or a loved one has been hospitalized after being struck by a vehicle in Santa Barbara, it’s crucial to understand your rights and the steps you can take to protect them. In 2024, there were 536 traffic collisions, a number that has been steadily increasing over the past five years, according to the City of Santa Barbara. This article aims to provide guidance on navigating the legal landscape following such an incident.

What To Do Immediately After a Pedestrian Accident

The immediate aftermath of a pedestrian accident can be chaotic and overwhelming. Here’s a breakdown of essential steps to take:

Ensure Safety: If you are able, move to a safe location away from traffic. Check yourself and others for injuries.
Call for Help: Contact emergency services (911) to report the accident and request medical assistance.
Gather Information: If possible, collect information from the driver, including their name, insurance details, and license plate number. Also, obtain contact information from any witnesses at the scene.
Document the Scene: Take photos or videos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
Seek Medical Attention: Even if you feel fine, it’s crucial to seek medical attention as soon as possible. Some injuries may not be immediately apparent.
Report the Accident: File a police report. This provides an official record of the incident.
Contact a Personal Injury Attorney: A Santa Barbara personal injury attorney specializing in pedestrian accidents can advise you on your rights and help you navigate the legal process.

Understanding California Pedestrian Laws

California law provides significant protections for pedestrians. Here’s what you need to know:

Right-of-Way: California Vehicle Code Section 21950 states that drivers must yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
Due Care: Drivers must exercise caution and reduce speed when approaching pedestrians, even if the pedestrian is not in a crosswalk.
Sidewalks: Pedestrians have the right to walk on sidewalks without fear of being hit by a vehicle. Drivers are prohibited from driving on sidewalks (CVC 21663).
Crosswalks: Pedestrians have the right-of-way in both marked and unmarked crosswalks. Drivers must stop at the limit line before the crosswalk and allow pedestrians to cross safely.

However, pedestrians also have responsibilities:

Obey Traffic Signals: Pedestrians must comply with traffic signals and cannot disregard “Walk” or “Don’t Walk” signs (CVC 21456).
Use Crosswalks When Available: Pedestrians should use crosswalks whenever possible.
Yield When Not in a Crosswalk: If crossing outside a crosswalk, pedestrians must yield the right-of-way to vehicles (CVC 21954).
Avoid Sudden Movements: Pedestrians should not suddenly leave the curb or sidewalk and enter the path of an oncoming vehicle.

Establishing Negligence in a Santa Barbara Pedestrian Accident

To pursue a successful personal injury claim, you must establish that the driver was negligent. Negligence typically involves proving the following four elements:

Duty of Care: The driver had a duty to exercise reasonable care to avoid harming others.
Breach of Duty: The driver breached this duty by acting carelessly or recklessly.
Causation: The driver’s negligence directly caused the pedestrian accident.
Damages: The pedestrian suffered damages as a result of the accident.

Common examples of driver negligence in pedestrian accidents include:

Distracted Driving: Texting, talking on a cell phone, eating, or adjusting the radio.
Speeding: Exceeding the posted speed limit or driving too fast for conditions.
Failure to Yield: Not yielding the right-of-way to pedestrians in crosswalks.
Drunk or Drugged Driving: Driving under the influence of alcohol or drugs.
Reckless Driving: Running red lights, ignoring stop signs, or making unsafe lane changes.

What are Your Rights After a Santa Barbara Pedestrian Accident?

If you’ve been hospitalized as a pedestrian due to someone else’s negligence in Santa Barbara, you generally have the right to seek compensation for damages, including:

Medical Expenses: This includes past and future medical bills, hospital stays, rehabilitation, physical therapy, and medication.
Lost Wages: You can recover lost income if your injuries prevent you from working.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Property Damage: Reimbursement for damaged personal property, such as clothing, electronics, or eyeglasses.
Other Expenses: You may also be able to recover compensation for other accident-related expenses, such as transportation costs, home modifications, or childcare expenses.

Comparative Negligence: What If You Were Partially at Fault?

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

The Statute of Limitations in California Pedestrian Accident Cases

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In California, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. However, there are exceptions to this rule:

Claims Against Government Entities: If the accident involved a government entity (e.g., a city bus), you may have a shorter deadline (e.g., six months) to file a claim.
Minors: If the injured pedestrian is a minor (under 18), the statute of limitations may be extended.

Missing the deadline can result in losing your right to sue for compensation.

The Role of a Santa Barbara Pedestrian Accident Lawyer

Navigating the legal complexities of a pedestrian accident claim can be challenging. A skilled Santa Barbara pedestrian accident lawyer can provide invaluable assistance by:

Investigating the Accident: Gathering evidence, interviewing witnesses, and reviewing police reports.
Determining Liability: Identifying all responsible parties.
Negotiating with Insurance Companies: Dealing with insurance adjusters to reach a fair settlement.
Filing a Lawsuit: Representing you in court if a settlement cannot be reached.
Protecting Your Rights: Ensuring your rights are protected throughout the legal process.
Estimating Your Settlement: Lawyers estimate the settlement using proven methods that accurately reflect how serious your damages are.

Common Causes of Pedestrian Accidents in Santa Barbara

Understanding the common causes of pedestrian accidents can help prevent future incidents. Some frequent factors include:

Driver Distraction: Drivers using cell phones or being inattentive.
Failure to Yield: Drivers not yielding to pedestrians in crosswalks. According to research shared by the Transportation Inquiry Mapping System, drivers often failed to yield the right of way in Santa Barbara crosswalks up to 46% of the time.
Speeding: Drivers exceeding speed limits, especially in urban areas.
Impaired Driving: Drivers under the influence of alcohol or drugs.
Poor Visibility: Accidents occurring at night or in inclement weather.
Dangerous Intersections: Certain intersections known for high accident rates. Some of the most common intersections where accidents occur in Santa Barbara include: De La Guerra Street and Santa Barbara Street, De La Vina and Figueroa Street, US 101 and North Milpas Street, West Carrillo Street and Chapala, Calle Real and Las Positas Road, and Anacapa Street and Carrillo Street.

Santa Barbara’s Commitment to Pedestrian Safety

The City of Santa Barbara is actively working to improve pedestrian safety through various initiatives, including:

Vision Zero: A strategy to eliminate all traffic fatalities and severe injuries by 2030.
Safe Streets for All Action Plan: A plan to prevent traffic-related fatalities and serious injuries and improve mobility for all modes of transportation.
High Injury Network (HINs) Map: A map showing locations where people have been killed or seriously injured in traffic collisions.

Seeking Legal Help

If you or a loved one has been hospitalized after a pedestrian accident in Santa Barbara, it’s essential to seek legal guidance from an experienced personal injury attorney. A lawyer can evaluate your case, explain your rights, and help you pursue the compensation you deserve. Don’t hesitate to contact a qualified attorney for a free consultation to discuss your options.