A pedestrian accident can change a person’s life in seconds. Unlike drivers and passengers, pedestrians do not have airbags, seatbelts, steel frames, or other physical protections to absorb the force of a crash. Whether someone is walking across the street or standing near a roadway, when a vehicle hits someone the injuries they suffer can be severe, permanent, or fatal.
If you or someone you love was hit by a vehicle in Sacramento, a Sacramento pedestrian accident lawyer from Frank Penney Injury Lawyers can help accident victims understand their rights and pursue the compensation they rightfully deserve. With over 30 years of experience, our team has an established track record of securing compensation and holding negligent drivers accountable for their actions.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.
Does Sacramento Have a Pedestrian Safety Problem?
Sacramento has recognized serious roadway safety issues through its Vision Zero program and adopted a goal in 2017 to eliminate traffic fatalities and serious injuries by 2027. However, in 2023, the California Office of Traffic Safety reported 297 pedestrian victims that were killed or injured in Sacramento, ranking the city 4th out of 15 similarly sized California cities for pedestrian victims killed or injured. This statistic highlights how often pedestrian accidents can happen throughout the city and indicates that they can happen at a moment’s notice.
Common Causes of Pedestrian Accidents in Sacramento
Pedestrian accidents can happen anywhere, but they are especially common in areas with fast-moving traffic, wide roads, busy intersections, nightlife, and commercial corridors. In Sacramento, collisions may occur in Downtown, Midtown, Oak Park, Rancho Cordova, Citrus Heights, Elk Grove, and nearby communities, but some of the most common causes of pedestrian crashes include the following:
Failure to Yield at Crosswalks
Failure-to-yield accidents often happen when drivers turn left or right without checking for pedestrians, roll through stop signs, fail to stop at red lights, and rush through intersections. California Vehicle Code § 21950 requires drivers to yield the right-of-way to pedestrians crossing within a marked crosswalk or an unmarked crosswalk at an intersection. However, by driving negligently to save some time, they increase the chances of hitting a pedestrian.
Speeding or Driving Too Fast for Conditions
Speed is one of the most dangerous factors in a pedestrian crash, because even when a driver is not exceeding the posted speed limit, they may still be driving too fast for the conditions and can hit a pedestrian as a result. California Vehicle Code § 22350 prohibits driving at a speed greater than is reasonable or prudent considering weather, visibility, and traffic and prohibits driving at a speed that endangers people or property. Failure to follow the law will result in the driver becoming liable for the accident.
Distracted Driving
Distracted driving is a major cause of pedestrian crashes, because a driver who looks down at a phone for even a few seconds may fail to see a person entering a crosswalk, crossing near a transit stop, walking through a parking lot, or standing on the shoulder after a vehicle breakdown. In fact, some of the most common cases of distracted driving include texting, eating, drinking, talking to passengers, and even looking at GPS.
Impaired Driving
By far one of the most common causes of pedestrian accidents, alcohol and drug impairment can slow reaction time, reduce attention, and affect a driver’s ability to notice pedestrians. As California Vehicle Code § 23152 makes it unlawful to drive under the influence of alcohol or drugs, any impaired pedestrian accident cases may involve punitive damages, especially when the driver’s conduct shows a conscious disregard for safety.
California Pedestrian Laws That May Affect Your Claim
California law gives pedestrians important protections, but pedestrians also have duties to ensure they don’t cause accidents. These rules are often central to pedestrian accident claims because insurance companies may try to use them to shift blame.
Drivers Must Yield to Pedestrians in Crosswalks
As previously mentioned, under California Vehicle Code § 21950, drivers must yield to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection. Drivers must also exercise due care and reduce speed or take other necessary action to safeguard pedestrians. This means a driver cannot simply argue that they “did not see” the pedestrian and are expected to watch for people walking and drive carefully near crosswalks and intersections.
Pedestrians Still Have a Duty to Use Care
California Vehicle Code § 21950 also states that pedestrians may not suddenly leave a curb or place of safety and walk or run into the path of a vehicle that is so close as to create an immediate hazard. Pedestrians also may not unnecessarily stop or delay traffic in a marked or unmarked crosswalk because that would create unnecessary trouble and can likely cause accidents.
Crossing Outside a Crosswalk Does Not Always Eliminate a Claim
California Vehicle Code § 21954 outlines how pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles that are close enough to constitute an immediate hazard. However, the same law states that this does not relieve drivers from the duty to exercise due care for pedestrian safety. In other words, a pedestrian may still have a case even if they were not inside a marked crosswalk.
Can a Pedestrian Still Recover Compensation If They Were Partly at Fault?
If a pedestrian was partly at fault for the accident, they can still recover compensation as per the state’s pure comparative negligence system. Under this rule, an injured person may still recover, but their recovery may be reduced by their percentage of fault. The California Supreme Court adopted this approach in Li v. Yellow Cab Co., replacing the older all-or-nothing contributory negligence rule with comparative negligence.
For example, if a pedestrian’s damages are valued at $500,000 and the pedestrian is found 20% responsible, the recovery may be reduced by 20%, leaving the pedestrian with $400,000. This is why fault disputes matter, because insurance companies may try to overstate the pedestrian’s share of responsibility to reduce the value of the claim.
What Compensation Can Pedestrian Accident Victims Recover?
The value of a pedestrian accident claim depends on the severity of injuries, the available insurance, and the impact the injury has on the person’s life. As a result, compensation may include economic damages which are calculable financial losses like medical bills and lost wages, and non-economic damages which are subjective costs that take account of a person’s physical pain and emotional suffering.
While there are personal injury settlement calculators that can estimate how much a person can recover in a pedestrian accident, consulting with a local pedestrian accident lawyer can give injury victims a more accurate value.
What to Do After a Pedestrian Accident in Sacramento
The steps taken after a pedestrian accident can affect both medical recovery and the strength of a legal claim. If possible, injured pedestrians or their family members should consider the following steps.
Get Medical Attention Immediately- Emergency care should come first, even if injuries seem manageable, it is important to get evaluated, because internal injuries, concussions, fractures, and spinal trauma may not be obvious right away.
Report the Accident- Call 911 and have first responders take control of the situation. A police officer can generate a collision report which can help document the crash location, involved parties, witness information, insurance details, and preliminary findings.
Preserve Evidence- If it is safe to do so, take photos or videos of the accident scene, injuries, the vehicle, the intersection, and road conditions. By doing so, you can potentially use it to prove negligence.
Get Witness Information- Witnesses may leave before police arrive, so try to collect names, phone numbers, and brief statements from anyone who saw the crash.
Avoid Giving a Recorded Statement Without Legal Advice- The driver’s insurance company may contact the injured pedestrian quickly, because their goal is often to limit liability, reduce the value of the claim, or get statements that can be used later.
Do Not Accept a Quick Settlement Too Soon- Pedestrian injuries can require ongoing treatment and accepting a quick settlement may not account for future surgery, physical therapy, lost earning capacity, pain and suffering, or permanent disability.
Contact a Sacramento Pedestrian Accident Lawyer- An attorney can help preserve evidence, communicate with insurance companies, investigate liability, calculate damages, and protect important deadlines.
How Long Do You Have to File a Pedestrian Accident Lawsuit in California?
In most California pedestrian accident cases, the statute of limitations for personal injury or wrongful death is two years as per California Code of Civil Procedure § 335.1. However, if a government agency may be responsible, such as the City of Sacramento, Sacramento County, Caltrans, or another public entity, a government claim may need to be filed within six months under California Government Code § 911.2. Because deadlines can vary based on the facts, it is important to speak with an attorney as soon as possible after a pedestrian crash.
How a Sacramento Pedestrian Accident Lawyer Can Help
A pedestrian accident lawyer can help an injury victim by handling the legal and insurance issues while the injured person focuses on medical care and recovery. Legal representation may be especially important when injuries are serious, liability is disputed, the driver fled, or a public entity or commercial company may be involved. Furthermore, a lawyer can help by performing any of the following tasks:
Investigating the crash
Identifying all liable parties
Preserving video footage before it is deleted
Requesting police reports and traffic records
Communicating with insurance adjusters
Reviewing medical records
Working with medical experts
Calculating current and future damages
Handling comparative fault arguments
Filing government claims when required
Negotiating a settlement
Preparing the case for litigation if necessary
As every accident is different, it is important to seek out an experienced lawyer who can not just file a claim, but build a strong case that reflects the full impact of the crash.
Speak With a Sacramento Pedestrian Accident Lawyer Today
A pedestrian accident can leave you facing medical bills, time away from work, long-term pain, and uncertainty about your future. You should not have to deal with insurance companies alone and be forced to deal with your day-to-day life while trying to recover from a serious injury. A Sacramento pedestrian accident lawyer from Frank Penney Injury Lawyers can review your case, explain your rights, and help you pursue compensation from the responsible party.
With decades of experience fighting for people’s rights, our legal team understands how impactful pedestrian accidents are and they are committed to delivering the justice and compensation you rightfully deserve.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.