Burbank Pedestrian Accident Lawyer
No one expects to find themselves on the wrong end of a pedestrian accident. Unfortunately, this is an all-too-real risk for Burbank residents every time they leave their homes.
Pedestrian accidents occur every day, despite the fact that many people do not think of walking as a dangerous activity. Burbank is incredibly urban and accessible, and a large portion of the population walks. However, pedestrian accidents in general, are on the rise.
In 2016, 892 pedestrians were killed on California roadways. Pedestrian fatalities account for nearly one-quarter of California traffic deaths. That’s why the California Office of Traffic Safety (OTS) is making a push for pedestrian safety.
When a pedestrian is struck by a negligent vehicle driver the injuries can be life-altering, you might be eligible to seek compensation for your losses and damages. No person should feel unsafe walking around their city. If you’ve been involved in a pedestrian accident, contact our team at Yarian Accident & Injury Lawyers, APC, for a free consultation with a compassionate Burbank pedestrian accident lawyer.
Attorney for Pedestrian Accidents in Burbank, CA
Our team of Burbank pedestrian accident lawyers understand the challenges that you may encounter as a victim of a pedestrian accident seeking compensation for your injuries.
We can help you fight for that compensation against insurers and other parties to your case with our experience, dedication to clients, and locally sourced know-how. If you become one of our clients, we will fight for you and your interests at each step of your case to help you reach a positive resolution.
Burbank is our home, too. By holding negligent drivers accountable and giving accident victims the justice they deserve, we can help keep our community safer, together.
Walking is the oldest, most basic, and beneficial form of human transportation. However, when acts of negligence or carelessness happen walkers can face devastating damage. If a vehicle collides with a pedestrian, the after-effects can be costly and painful.
Have you been hit by a vehicle, truck, or any kind of transportation machine? It is vital that you contact a personal injury attorney. The Yarian Accident & Injury Lawyers, APC has years of experience representing victims of pedestrian accidents, we can evaluate and file a claim for your recovery.
Our Burbank personal injury lawyers have procured millions of dollars in settlements before. Put your health in good hands with Yarian Accident & Injury Lawyers, APC. We accept clients throughout the greater Los Angeles County and Tulare County area and nearby communities including Burbank, Long Beach, Los Angeles, Pasadena, San Bernardino, and Beverly Hills.
Do not suffer a moment longer. Dial (818) 459-4999 and schedule an appointment online with Yarian Accident & Injury Lawyers, APC.
Overview of Pedestrian Accidents in Los Angeles County
Pedestrian Accidents Statistics
Though any pedestrian can fall victim to a traffic accident, the Centers for Disease Control and Prevention (CDC) have released data regarding the pedestrians being most at risk.
- Teenage and young adult pedestrians (ages 15-29) are the most likely to be treated in emergency rooms for traffic-related injuries.
- About 1/3 of pedestrians killed in traffic accidents are legally intoxicated at the time of the accident.
- Children are at greater risk than adults because they are less visible and less able to judge the distance and speed of a vehicle.
The California Department of Public Health (CDPH) released a report for personal injuries from 2007-2013. The CDPH highlights from the data report include:
- Pedestrian fatality rates increased by 11% from 1.8 per 100,000 (2007) to 2.0 per 100,000 California residents (2013).
- Pedestrian non-fatal injury rates decreased by 13.5% from a high of 39 per 100,000 in 2007 to 32 per 100,000 in 2013.
- Most pedestrian accidents occur in fall (35%) followed by summer and winter (31%).
- One fifth (21%) of the total people killed in traffic crashes were pedestrians.
The Dangers That Face Pedestrians in Burbank
Burbank residents know our city is often best explored on foot. California is home to beautiful weather for most of the year, leading many residents and visitors to enjoy walking in and around the city of Burbank. Whether it is for exercise, as a means of transportation, or just enjoyment, many people are on the streets and paths of Burbank at any given time of day.
Unfortunately, walking along or near roadways on sidewalks and crossing at intersections on the street can put an individual at high risk of a pedestrian accident. Pedestrians across the U.S. are especially vulnerable to traffic-related accidents, and California is no exception. The state reports nearly 1,000 pedestrian fatalities in traffic-related accidents each year.
This number reflects the number of individuals who succumb to injuries, but thousands more will survive a pedestrian accident but face significant injuries and recovery.
Causes for Pedestrian Accidents
Any time you take to the road to travel by foot, you are in danger of becoming involved in an accident with a motor vehicle. Even when traveling only in designated paths, sidewalks, and making proper use of crosswalks, a pedestrian is still at risk of being struck by a negligent, distracted, or reckless driver.
Sadly, most if not all pedestrian accidents are avoidable, and it is the negligence of drivers that most often places the public at risk of involvement in a pedestrian accident.
While every pedestrian crash is unique, certain common behaviors by negligent drivers contribute to these types of accidents.
- Drivers under the influence – Drunk drivers are a threat to everyone on and near the road. With impaired judgment, senses, and concentration, a driver under the influence of drugs or alcohol is more likely to strike a pedestrian if they encounter them on the street. The reality is that a driver under the influence will have a much more difficult time identifying pedestrians ahead and will also have slower reaction times and may not be able to stop abruptly if a pedestrian appears in their vicinity.
- Reckless drivers – Any driver that engages in reckless driving or aggression behind the wheel is at higher risk of a pedestrian accident. Sudden lane changes, traveling on the shoulder, or crossing over bike lanes and pedestrian paths to move around traffic or pass vehicles puts pedestrians at risk of injury or death.
- Distracted drivers – One of the most common culprits of a pedestrian collision is a distracted driver. A driver that cannot maintain focus on the road ahead, and the obstacles and people around them, is a threat to the safety of other motorists and nearby pedestrians. Mobile phones, navigation computers, vehicle entertainment systems, eating, or even other passengers can distract a driver from their responsibilities to operate their vehicles safely on the road. Distractions can lead to failure to yield to a pedestrian crossing, jumping a curb, or losing control of a vehicle, resulting in a pedestrian traffic accident.
- Dangerous weather – While the weather is not to blame for a pedestrian accident, it can be a contributing factor when negligent motorists fail to adapt to the conditions or slow down when bad weather approaches. In an instant, pedestrians may find themselves in wet, windy, or snowy conditions. In these situations, a pedestrian is especially vulnerable as they attempt to reach safety. The combination of lower visibility and slick roads can easily send a car careening towards a pedestrian and unable to react or stop in time to prevent impact and injury.
- Poor visibility – Visibility is often a concern in weather-related accidents. However, poor lighting along roadways and crosswalks can also place pedestrians in danger of an accident with an oncoming vehicle. Dark roads with poor lighting can increase the likelihood of a pedestrian accident at dawn, dusk, or nighttime.
- Lack of crosswalks – Safety for pedestrians should include the ample availability of crosswalks to travel in and around an area on foot. When there is no crosswalk available, pedestrians must often cross streets while navigating traffic and hoping they will be visible to drivers that approach. If there is an area with limited or no marked crosswalks available for pedestrians, there is a much higher chance of a pedestrian collision.
- Violation of traffic laws and signals – Pedestrians are at the mercy of the motorists around them. Even when taking all precautions, they must rely on drivers to follow posted signs, speed limits, and traffic signals to cross a street or intersection safely. Any time a negligent driver violates the rules of the road, they increase the risk of injury and death to pedestrians that may be around them at the time.
California Pedestrian Laws
Californian Vehicle Code Ch. 5 states the pedestrian’s rights and duties.
- Driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within the marked or unmarked crosswalk at any intersection.
- A pedestrian has a duty of using due care for his or her safety.
- A pedestrian should not leave the curb or other place of safety.
- He or she should not walk or run in the path of a vehicle that is so close as to constitute an immediate hazard.
- Any pedestrian should not stop or delay traffic while in a marked or unmarked crosswalk.
- Driver of a vehicle approaching a pedestrian within a marked or unmarked crosswalk shall exercise all due care.
- A driver should reduce the speed of the vehicle; or
- Take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
Liability for Pedestrian Accidents and Fatalities
When a pedestrian is injured or killed in a motor vehicle accident, the driver will usually be partially responsible for the damage to the pedestrian. That means that the driver will be considered the defendant or responsible party.
Normally, pedestrian cases involve a motor vehicle collision. While normally a driver will be held responsible, others may be held liable. Some possible potential defendants in a pedestrian accident case include:
- The employer of the operator of the vehicle;
- A bicyclist or other pedestrian who negligently collided with the victim;
- The owner of the property where the accident occurred;
- City, country or other public entity designed or maintained a sidewalk or crosswalk negligently; and
- A construction contractor if the injury occurred from falling materials or other hazards associated with a construction site.
A defendant may try to put the pedestrian at fault in a car accident. Insurance companies and defendants can try to shift blame onto the injured pedestrian. The responsible parties may argue that the plaintiff was jaywalking, distracted, and intoxicated, and so on. An experienced personal injury attorney can advocate for the victim, and fight these arguments against their claim.
Damages Recovered in a Pedestrian Accident
A negligent driver will generally be liable for injuries to a pedestrian. This applies even if the pedestrian was partially responsible for the accident. The pedestrian will be entitled to partial compensation.
The damages an injured pedestrian can recover depends on the exact nature of his or her injuries, among other factors. Commonly-awarded damages include:
- Payment of past, present, and future medical bills;
- Compensation for lost wages;
- Pain and suffering; and
- Costs of rehabilitation and/or accommodations.
Wrongful Death Claims in Fatal Pedestrian Accidents
When a pedestrian is killed by a negligent driver, the victim’s family may be entitled to damages through a wrongful death suit. The most common wrongful death plaintiffs are surviving spouses, domestic partners, and children of the deceased.
Damages are determined differently in a wrongful death case, and may include:
- Compensation for lost support that would have been provided by the deceased;
- Payment of medical expenses associated with the final injuries; and
- Funeral expenses.
Safety Tips for Pedestrians and Drivers
Naturally, many of the key safety tips for pedestrians related to the risk factors above. For example, it is generally advised that children under the age of 10 be accompanied by an adult or older child when crossing the street.
Other tips include:
- Dress to ensure that you are visible, especially when walking on roadways at night;
- Walk on the sidewalk whenever possible, and stay on the shoulder of the road when it is necessary to walk in the street;
- Cross streets at intersections, not in the middle of the street;
- Obey all traffic signals and don’t cross against the lights;
- Don’t rely solely on right of way—look both ways and across all lanes of traffic before entering the roadway;
- Avoid distractions such as texting while walking; an inattentive pedestrian can cause an accident just as a distracted driver can; and
- Stay off the road if you’re under the influence—walking drunk may be safer than driving drunk, but getting a safe ride is your best option
Of course, pedestrians are only half of the equation when it comes to motor vehicle accidents involving pedestrians. Motorists must also assume responsibility for safe driving and taking precautions to avoid pedestrians.
The same type of behaviors that put drivers at risk of colliding with other vehicles, bicyclists, and even fixed objects apply when it comes to pedestrian safety as well. Some of the most common examples include:
- Driving while under the influence of alcohol or drugs;
- Driving while fatigued;
- Distracted driving, including the use of mobile devices on the road; and
- Speeding or otherwise disregarding traffic laws
Many of these risk factors present an even greater danger to pedestrians than they do to other motor vehicles. The best ways for a driver to avoid an accident involving a pedestrian include:
- Stay alert, as pedestrians may step into the road unexpectedly, or may not be visible in certain areas, such as on a curve or when you’re turning a corner;
- Observe the speed limit, stop signs, traffic lights and all other safety-related traffic regulations;
- Don’t text and drive, or engage in other activities that take your attention off the road;
- Don’t drive drunk or under the influence of drugs; and
- Slow down when pedestrians are present, or in areas where pedestrians are likely to appear.
The Deadly Consequences of Traffic Accidents Involving Pedestrians
When you are the victim of a traffic accident as a pedestrian, you are at a much higher risk of serious injury or death than an automobile passenger. Motor vehicles weigh thousands of pounds and travel at significant speeds. Any impact on a person’s body by a vehicle can be devastating and have far-reaching impacts on their health and life.
The sad truth is that many pedestrians hit by a vehicle do not survive the impact or die shortly after the accident. Those that do survive pedestrian accidents may face severe injuries that may even result in permanent disabilities.
The force and momentum of a vehicle on the body are catastrophic. Often, the injuries that occur when a vehicle collides with a pedestrian are severe if not fatal. These serious injuries will require emergency medical care and hospitalization as well as rehabilitation. Some victims may face significant challenges in recovery and may not be able to heal fully, leaving them with permanent effects on their physical, mental and emotional health from their injuries.
Common physical injuries after a pedestrian accident include:
- Broken bones
- Traumatic brain injuries
- Spinal cord injury
- Internal injuries
- Road rash
- Loss of limbs/Amputation
The Population Most Vulnerable to Injuries and Death in a Pedestrian Accident
While anyone can be a victim of a pedestrian accident in Burbank, certain people are more likely to suffer catastrophic injuries and fatalities.
The elderly and children are two of the highest at-risk groups to suffer injury or death after a pedestrian accident. Over 20 percent of all pedestrian fatalities involve an elderly victim, and 20 per cent of all traffic accident deaths involving children are due to a pedestrian accident.
A significant portion of Burbank’s community consists of the elderly or the very young.
Many factors make each of the groups more vulnerable to a pedestrian accident.
- Elderly – With older age comes slower reactions and impairment to vision or hearing senses. An elderly pedestrian needs time to cross a road and react to a potential threat nearby. If a negligent driver approaches an elderly person as they travel by foot, it can be difficult for the victim to get out of the way or see or hear the vehicle coming towards them. Elderly victims of pedestrian accidents can also be more susceptible to broken bones and other severe injuries due to their overall health and physical state. It is much more difficult for elderly victims to recover from their injuries and they can face complications after an accident.
- Children – Younger children are still developing and will not have the reactions and decision-making skills of a grown adult. Their shorter height is not only an obstacle for them to see vehicles approaching, but also makes it harder for drivers to identify them in or near a roadway. When a driver acts negligently in their driving, it can be difficult for them to react if they encounter a child in a crosswalk or walking across a street. Unfortunately, the height of children also puts them in a dangerous position if a collision occurs with a vehicle. The height of a vehicle bumper in relation to a child’s body puts them in danger of striking all or most of their vital organs when an impact takes place. Even in a low-speed collision, a child is likely to sustain life-threatening injuries if hit by a vehicle.
Your Losses After a Pedestrian Accident
A person can lose everything in a pedestrian crash. When a victim dies in a pedestrian traffic accident, their families and loved ones will suffer from their loss and often seek answers as to why and how an accident occurred.
Burbank Families must deal with not only the painful and sudden loss of their family member but also the unexpected financial expenses such as the need to make arrangements for their death and cover the costs of the emergency medical care and treatment provided after the incident.
Surviving victims of a pedestrian accident may often need to remain in the hospital for an extended time for surgery or other treatment. Depending on their injuries, they may also need rehabilitation to regain strength and movement.
Victims will often miss work and school and may face obstacles and challenges to return to their normal way of life before the accident. If a victim suffers an injury that causes a disability, they may be unable to work as they once did and some may not be able to return to work in any capacity. Beyond the physical challenges after a pedestrian accident, this places an enormous amount of financial pressure and strain on the life of a victim.
Fortunately, personal injury law allows a victim to seek monetary compensation for the losses they incur after a pedestrian accident. While money cannot heal your wounds, it can help you take care of your financial responsibilities now and in the future due to the unexpected difficulties you must now deal with due to your injuries.
The first option for the recovery of losses for a pedestrian victim is through an injury insurance claim against the insurance company of the at-fault driver. If and when an insurance claim is insufficient to cover your losses or is otherwise unavailable, then it may be necessary to pursue a lawsuit against the parties liable in court.
Monetary compensation in a pedestrian accident can cover losses such as:
- Medical costs and expenses for your injuries
- Your lost income and impacts on your income which will occur because of your injury
- Pain and suffering because of the injury and during recovery
- Recovery of compensation for the loss of a loved one including money for funeral and burial expenses
Pedestrian Laws – Visit the California Legislature’s website to read the statutory language regarding rules of the road. Read the legalities of what a driver and pedestrian should do whilst on the roadways.
California Driver Handbook – Visit the State of California and the Department of Motor Vehicles website to read the laws and rules of the road. See the right-of-way rules, what pedestrians and drivers should do during intersections and roundabouts.
Traffic Safety Reports – Visit the California Department of Public Health and read reports regarding pedestrian injuries between the years of 2007-2013. The reports outline environmental characteristics, age groups, gender, alcohol involvement, fatal injuries by county, and non-fatal injuries by county.
Find a Burbank Pedestrian Accident Lawyer, CA
If a vehicle hits you in Burbank, you will likely face many challenges to your overall health and wellbeing. Burbank accident victims are best served by a pedestrian accident attorney at Yarian Accident & Injury Lawyers, APC, to protect their legal rights. Ultimately, the purpose of any pedestrian accident claim or a lawsuit is to help victims get the compensation they deserve so that they can move forward from this traumatic moment in their life.
Fighting insurance companies and at-fault parties in an insurance claim can be challenging, and doing so without a lawyer to represent your interests can leave you short-changed. Insurers may do everything in their power to be liable to you for the least amount of money possible. In some cases, that can mean a low settlement offer, but in others, they may find grounds for denial of your claim.
Talking to an experienced Los Angeles pedestrian accident attorney is your best first step. Call Yarian Accident & Injury Lawyers, APC and get help from a team of attorneys with decades of personal injury experience. Our attorneys strive to obtain meaningful results in pedestrian accidents cases throughout the Los Angeles-Burbank-Long Beach metropolitan area. We accept clients all over the California Central District Court and surrounding areas including Pasadena, Los Angeles, Burbank, Long Beach, Irvine, Visalia, and Riverside.
We are have worked with cases involving officials such as the Long Beach Police Department, the Los Angeles Department of Transportation (LADOT), the Burbank Police Department, the Los Angeles Fire Department (LAFD), the Pasadena Police Department the Office for Tulare County Sheriff, the Los Angeles Police Department (LAPD), and the California Metropolitan Transportation Authority.
By hiring a lawyer early on in your case, you can avoid delays and rest easy knowing that someone has your back through this process and you are not at the mercy of the insurance companies. Yarian Accident & Injury Lawyers, APC is here to help. Call us at any time at (818) 459-4999 or send us a message through our contact page.
If you were injured or lost a loved one in a pedestrian accident in Burbank, you may pursue compensation.
Yarian Accident & Injury Lawyers Burbank Office
700 N Central Ave Suite 470
Burbank, CA 91203