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Want to Know How to Reduce Your Likelihood of Getting Into a Pedestrian Accident? Get Legal Insight From Our Solana Beach Pedestrian Accident Attorneys

Pedestrian accidents occur nearly every day in California. Cities such as Solana Beach, have released reports of pedestrians being killed or injured by a vehicle. With thousands of drivers occupying the roads on a daily basis, it is inevitable that a negligent driver will be present during these trips. This is primarily why a pedestrian must be careful at all times. By law, vehicles must yield to pedestrians. However, there are reckless drivers out there who would choose to disobey this rule for their own selfish purposes.

If you are a pedestrian who fell victim to a motor vehicle accident and would like to file a claim against the at-fault driver, West Coast Trial Lawyers has experienced Solana Beach pedestrian accident attorneys that are committed to making sure you get a satisfactory outcome to your case. Our team has successfully won over 5,000 personal injury cases and acquired more than $1 billion in settlements and judgments for our clients. Our achievements have gotten us ranked as one of the top personal injury law firms in Solana Beach.

To schedule a free, no-obligation consultation at our Solana Beach personal injury law firm, reach out to our 24/7 legal team by calling (858) 283-5917 or emailing [email protected].

Intentionally Hitting Someone With a Car

Due to the negligent nature of pedestrian accidents, a victim will likely be entitled to punitive damages. The pedestrian is expected to show proof of the driver intentionally trying to injure them. Punitive damages will be awarded by the court’s discretion. The wrongdoer will suffer punishments for deliberately performing acts of malice.

The driver at-fault for intentional harm will endure severe consequences, such as criminal charges. If the pedestrian was killed, then the driver will face manslaughter charges, which will result in a felony and a lengthy prison sentence.

Furthermore, the driver will most likely get their driver’s license revoked. They will temporarily lose the ability to drive their vehicle and would have to go through a long process to reinstate their license. The chances of a driver getting their license taken away will only increase if they intentionally wanted to hit the pedestrian or were intoxicated when the accident happened.

Exceptions 

There are exceptions that could limit the amount of liability for the driver. If the pedestrian was at-fault for the accident, then an exception will apply to the driver. An example could be a pedestrian, under the influence of alcohol, jaywalking on the road to cross the street. The driver notices the pedestrian but is unable to react in time to avoid the collision. In this type of situation, the pedestrian will likely share fault since they are performing a negligent action while being intoxicated.

Vehicular Manslaughter 

If a pedestrian passed away as a result of a car accident, the at-fault driver could face criminal charges. For example, an intoxicated driver’s failure to yield to a pedestrian using a crosswalk will likely result in the driver being faced with vehicular manslaughter or involuntary manslaughter charges.

How to Reduce Pedestrian Accidents

  • Stay in your vehicle. If there is an emergency that requires you to park on the side of the road, continue to remain in your vehicle. You may only get out to inspect the engine, tires, or whatever part of the vehicle that caused you to make a stop. Once you have finished this task, you should go back to your vehicle and call a tow truck or emergency vehicle assistance service.
  • Walk cautiously. Be aware and cautious of your surroundings. Many pedestrian accidents can be avoided if the pedestrian is carefully observing what is going on around them.
  • Do not use your phone while you are walking. Using your phone while walking on the street is very dangerous. You could get hit by a vehicle or pushed by another pedestrian. Pay attention to the street and keep your phone in your pocket or bag.
  • Use a crosswalk. You should always use a crosswalk when you want to cross the street. This will allow the driver to have a proper view of you and have enough time to make a full stop.
  • Make eye contact. Even though pedestrians have the right-of-way, it does not necessarily mean that every driver will be yielding to them. Always make sure to give eye contact to the drivers so they are aware of you trying to make an attempt to cross the street.
  • Be aware of parked cars. Make sure to check your surroundings while you are walking in the parking lot. Wear reflective or neon clothing to make yourself stand out more if you plan on taking a walk during the nighttime.
  • Make sure to look both ways before crossing the street. As stated before, even if you have the right-of-way, drivers can still choose to speed up or pass a red light. It is always important for you to look both ways before you cross the street.
  • Do not walk on the street while intoxicated. About 47 percent of fatal car and pedestrian accidents have involved a driver and/or pedestrian who was under the influence of alcohol. Being intoxicated can make it difficult for you to understand what is going on around you since alcohol has the ability to impair your vision. If you plan on going out for a walk, it is highly urged for you to ditch the alcoholic drink to remain alert and cautious of your surroundings.

Contact Us

If you were involved in a pedestrian accident in Solana Beach, West Coast Trial Lawyers will help you recover financial and emotional compensation for your losses, including medical bills, emotional distress, property damage, lost wages, and pain and suffering.

Call us today at (858) 283-5917 or email [email protected] to schedule a free consultation with our knowledgeable, caring, and compassionate legal team. No fees will be charged until your case has been settled.

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