Pedestrian Rights: Analysis Of Pedestrian Accidents And Legal Advice From A California Injury Lawyer

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Pedestrian Rights: Legal Analysis of Pedestrian Accidents and Advice From A California Injury Lawyer

Sharing roads and pathways is a daily necessity for us all: whether as a form of transportation or recreation, driving, cycling, and walking is an activity we all perform frequently throughout our lives. The risk of sustaining serious bodily injury in an accident is, however, the greatest for pedestrians, as they are often the easiest for a driver to miss and the least protected individuals on or near the road.

In the United States, a pedestrian is injured every 9 minutes and killed every 110 minutes in a traffic accident, according to a study conducted by the National Highway Traffic Safety Administration (NHTSA). In most cases, pedestrian accidents result from either driver negligence or improper maintenance of walkways: drivers neglect to observe the right of way pedestrians are legally entitled to, or municipal governments fail to properly maintain sidewalks, street lighting, and crosswalks. Recently, a jury attributed the cause of an accident that left a 17-year-old in a vegetative state due to serious brain damage to both driver negligence and to the failure of the California Department of Transportation to address hazards in an intersection that had previously caused several fatal accidents.

This webpage was created as a vehicle to discuss pedestrian rights, utilizing breaking news stories, landmark cases, and recent legislation to illustrate how the laws protecting these rights apply to our everyday lives. As a California Injury Lawyer specializing in pedestrian accident claims for over 25 years, I have observed the progression of numerous cases through the legal process and their nuanced outcomes. Referencing these experiences, I intend to offer analysis of current events involving pedestrian accidents and rights, as well as legal advice. Your questions, experiences, and perspective on these subjects are welcome and encouraged.

Hospitals, Medicare, and Accident Victims' Rights

Hospital Attempts To Take Pedestrian Accident Victim's Settlement Money

As a California injury lawyer, I have been noticing a disturbing new trend: hospitals are refusing to accept Medicare as compensation for services and asking accident victims to sign away their right to the money they will receive from their accident settlement instead.

I was recently able to help one such accident victim. An elderly man was struck by a vehicle while crossing the street. After receiving treatment for fractures in both of his ankles, a nurse approached him with a large stack of paperwork to sign. She told him his signature was required in order to discharge him. He unwittingly signed away his right to his settlement money.

Upon discovering this, he came to me for help. After extensive negotiations with the hospital, I was able to persuade them to release any claim to the man's accident settlement money and accept Medicare as payment. The man will now be able to use that money toward the additional medical attention he will need. Watch his story on the video module below, or visit http://www.youtube.com/watch?v=IX4G-DR0kGg&feature=youtube_gdata_player

For more information on hospitals, Medicare, and accident victims' rights or to discuss a specific case, feel free to call me at 866-981-5596.

Hospitals, Medicare, and Accident Victims' Rights

Hospital Forces Pedestrian Accident Victim To Sign Away Right To Settlement Money

As a California injury lawyer, I have been noticing a disturbing new trend: hospitals are refusing to accept Medicare as compensation for services and asking accident victims to sign away their right to the money they will receive from their accident settlement instead.

Watch one pedestrian accident victim tell his story.
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Pedestrian Accident

Impaired Tow-Truck Driver Strikes Mother and Two Children

A recent study concluded that nearly two thirds of all car-verses-pedestrian accidents occur inside of crosswalks. The likelihood of an accident also increases if alcohol or drugs are involved. This was the case yesterday in Oxnard, California, when an impaired tow-truck driver failed to observe the right-of-way of a mother pushing her two children in a stroller, entering the crosswalk and striking them. He then proceeded to drive down the street, unaware that he was dragging the two children with him. He finally stopped after noticing that bystanders were signaling to him. The three pedestrian accident victims were transported to a nearby hospital for treatment; the children were listed as being in critical condition. The impaired tow-truck driver faces criminal charges.

I would like to wish the mother and her two children a full recovery. They will be in my thoughts and prayers. As for the impaired tow-truck driver, his behavior was deplorable, and I hope that justice is served in this case.

In the United States, a traffic accident takes the life of a pedestrian every 2 hours and injures another every 8 minutes. The elderly and the young are at the greatest risk of being involved in a pedestrian accident. At intersections, drivers are often looking for other cars, not pedestrians and bicyclists; therefore, walking and cycling defensively are important safety measures. Always wait until the driver has stopped the vehicle and made eye contact with you before entering the intersection. If traveling at night, wear retro-reflective clothing and carry a flashlight.

For more information on your rights and options after a pedestrian accident or to discuss a specific case with a California injury lawyer, feel free to call me at 866-981-5596.

Pedestrian Accident Claims The Life of a Baby and Leaves Two Others Critically Injured

Yesterday, a pedestrian accident took the life of a baby girl and left two others critically injured in Huntington Beach, California. As with the last accident I reported on, this one occurred inside of a crosswalk, which, according to a recent study by the Centers for Disease Control and Prevention (CDC), is where two-thirds of all pedestrian accidents take place.

The pedestrian accident occurred at about 10 a.m. A truck that was waiting at a crosswalk while two young children and a woman carrying a 3-month-old baby girl traversed the street was rear-ended by an SUV, causing it to enter the crosswalk and hit the group. Three of the pedestrians were struck. They were transported to nearby hospitals in critical condition. Unfortunately, the baby did not survive.

The cause of the accident is under investigation. Police are asking for the public's help. If you witnessed this accident, please call 714-536-5670 and ask for Dennis Fulton.

I would like to wish the accident victims a full recovery. They and the family of the baby girl will be in my thoughts and prayers.

Additional articles and books on issues involving pedestrian accidents and rights are available to the public free of charge.
If you would like to request an article or book, or if you need to speak with a California pedestrian accident lawyer, feel free to call 866-981-5596.

Hit-and-Run Accident

Pasadena, California

On Thursday, September 2, 83-year-old Frank Paneno of Pasadena, California was the victim of a pedestrian hit-and-run accident. Paneno was riding his scooter early that morning when a 1994 Mercedes Benz S500 struck him. The accident occurred at the intersection of Cordova Street and Chester Avenue. He was rushed to a nearby hospital in critical condition.

Police are asking for the public's help in finding the driver responsible for the hit-and-run accident. A recent immigrant to the United States, he goes by either "Lucio Morales" or "Martin Beltran." Here are some details about his appearance: Latino, about 5-foot-8, 160 pounds, black hair. Please contact the Pasadena Police Department if you have any information regarding this man.

I would like to wish Mr. Paneno a full recovery. He and his family will be in my thoughts and prayers during this difficult time.

Unfortunately, older adults are among those at the greatest risk of becoming the victim of a pedestrian accident. Of the 4,378 pedestrians killed and 69,000 injured in traffic accidents in 2008, individuals aged 65 and older accounted for 18% of the fatalities and 10% of the injuries, according to the Centers for Disease Control and Prevention (CDC). As many accidents occur at intersections, pedestrians should be especially cautious in these areas, making eye contact with drivers before entering crosswalks to ensure that they plan on stopping.

For more information on pedestrian accidents and rights, or to speak with a California pedestrian accident lawyer, feel free to call 866-981-5596.

Elderly Man Struck In Apple Valley. Driver Flees

On Saturday, September 18th, an elderly man was walking on Highway 18 South in Apple Valley when a Fontana woman struck him with her compact car and fled. The man was identified as 80-year-old Daniel Lugo of Victorville. He died at the scene of the accident. The woman, 36-year-old Michele Pace, turned herself in later that day.

This accident is still under investigation. Witnesses, or anyone with information to contribute, are asked to call (760) 240-7400.

Unfortunately, adults 65 and older have a higher risk of being involved in a pedestrian accident than younger adults. In 2008, adults in this age group accounted 18% of all fatalities suffered by pedestrians. That year in California there were 3,434 traffic-related fatalities, 489 of which were suffered by older adults.

Drivers are often distracted, so it is important for pedestrians to make their presence known by wearing retro-reflective clothing and carrying a flash light when walking at night; walking facing traffic if the road lacks sidewalks; and always stopping to make eye contact with drivers before entering crosswalks.

September has been a tragic month for older pedestrians: an 83-year-old man was struck and seriously injured in Pasadena; an 80-year-old man was fatally hit in a Glendale crosswalk; and now this elderly man was killed while walking in Apple Valley.

The California injury lawyers at Allen, Flatt, Ballidis, and Leslie would like to offer their condolences to the family of Daniel Lugo, as well as to the families of other accident victims mentioned in this article. If any of them are interested in finding an online grief support group, they may want to visit http://www.groww.org/

Additional information on pedestrian accidents and rights is available to the public free of charge.

If you would like to request an article or a book, or if you need to speak to a California injury lawyer, feel free to call 866-981-5596.

Back To School Pedestrian Safety Tips

As many children go back to school this September, it is important for them to follow these pedestrian safety tips:

1. Always look left, right, and then left again before crossing the street.

2. Always walk on the sidewalk.

3. If walking to school early in the morning in poor visibility conditions, wear retro-reflective clothing and carry a flashlight.

4. Always use crosswalks. If there is no crosswalk, make sure to cross at street corners.

5. Obey all traffic signals and the neighborhood crossing guard.

6. Always make eye contact with drivers before entering an intersection to make sure that they intend on stopping.

The California injury lawyers at Allen, Flatt, Ballidis, and Leslie would like to wish everyone a safe September. Should anyone need our help, feel free to call 866-981-5596.

Sherman Oaks High School Runner Killed In Pedestrian Accident

On Tuesday, October 19th, 16-year-old Notre Dame High School junior Conor Lynch was struck and killed in a hit-and-run pedestrian accident. While attempting to cross Woodman Avenue on his way to cross country practice, he was struck by an SUV. The 18-year-old driver of the SUV continued driving for several blocks before being detained by police. Lynch was pronounced dead at the scene of the accident, explains a California injury lawyer.

Pedestrians have the right of way, whether they are in a crosswalk or not. Drivers who fail to stop for them may be held liable if an accident occurs; this includes compensating the accident victim for medical bills, lost wages, pain and suffering, and any other expenses related to the accident. If the accident victim does not survive, a wrongful death claim may arise.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to offer the family of Conor Lynch their condolences.

Additional information on pedestrian accidents and accident victims' rights is available to the public free of charge.

To request a book or an article, or to speak with a California injury lawyer, feel free to call 866-981-5596.

Halloween Pedestrian Accident

3-Year-Old Critically Injured

Halloween is one of the most dangerous nights of the year for pedestrians, especially for young ones. Between the hours of 4 p.m. and 8 p.m. on this night, children are four times more likely to be involved in a fatal pedestrian accident than on any other night of the year, explains a California pedestrian accident attorney.

Unfortunately, a 3-year-old girl was critically injured while trick-or-treating with her mother on Sunday night. The two were crossing 77th Street near Stanford Avenue in South Los Angeles when a red Toyota struck them, fleeing the scene immediately after the impact. The girl and her mother were taken to a nearby hospital, where they remained on Monday. Witnesses have been asked to call detectives at (213) 485-7336.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to wish the girl and her mother a full recovery from their injuries.

Additional information, including articles on protecting an accident claim and accident victims' rights, is available to the public free of charge.

To request an article or a book, or to speak with a California pedestrian accident attorney, feel free to call 866-981-5596.

Spring Valley: Elderly Driver Crashes Into Three High School Students

On the afternoon of December 2nd, an elderly driver traveling along Sweetwater Road in Spring Valley crashed into a utility pole and then into a group of Mount Miguel High School students. The three teenagers suffered moderate to major injuries and were transported to a local hospital. Authorities do not believe the driver, 72-year-old John Reyes of Lemon Grove, was under the influence of alcohol or drugs and are investigating the accident, explains a California injury lawyer.

Currently, individuals over the age of 65 account for 32 million of the nation's drivers, and this number will continue to grow to approximately 57 million by 2030. Studies have found that older adults are generally cautious drivers: they buckle up, do not drive while intoxicated, and avoid speeding. However, factors beyond their control-the decline in certain faculties that accompanies aging-may impair their ability to safely operate a motor vehicle.

If you have an aging driver in your family, it may be time to discuss alternative transportation options. The American Medical Association and the National Highway Traffic Safety Administration recently collaborated to create a guide for elderly drivers, titled Physician's Guide to Assessing and Counseling Older Drivers, which can be downloaded at www.ama-assn.org/.

All of us at Allen, Flatt, Ballidis, and Leslie would like to wish the three high school students injured by the elderly driver a full recovery.

Additional information, including articles on pedestrian rights, is available to the public free of charge.

If you would like to request an article or a book, or to discuss a specific case with a California injury lawyer, feel free to call 866-981-5596.

Mistakes To Avoid After An Accident

Advice From A California Injury Lawyer

If you have been injured in an accident that was not your fault, you are entitled to compensation for medical bills, lost wages, and pain and suffering. A complex legal process, however, stands between you and this compensation. A California injury lawyer discusses common mistakes accident victims make and offers advice for navigating the injury claims process.
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Hit-and-Run Accident Claims the Life of a Woman in a Wheelchair

On the evening of Thursday, January 28th, 28-year-old DeShaun Chapman swerved into oncoming traffic from the northbound lanes of Fair Oaks Avenue in Pasadena to avoid a dark sedan that had unexpectedly backed out of a private driveway. He subsequently lost control of the vehicle and crashed into a woman in a wheelchair and a wall, pinning the woman underneath. He fled the scene of the accident, but later returned and was charged with vehicular manslaughter. Authorities are looking for the driver of the sedan. Anyone with information about the driver or this accident has been asked to call 626-744-4241, explains a California injury lawyer.

The victims of pedestrian accidents and their families have rights. If a driver acts negligently and, consequently, strikes a pedestrian, the driver may be held liable for any injury-related expenses the pedestrian incurs. In the unfortunate event that the pedestrian does not survive the accident, his or her family may pursue a wrongful death claim against the driver.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of the woman in the wheelchair who was killed in the Pasadena hit-and-run accident last night.

Resources for pedestrians, such as articles on pedestrian rights, are available to the public free of charge.

If you would like to request an article, or to discuss a specific legal matter with a California injury lawyer, feel free to call 866-981-5596.

Family Mourns Marcello Vasquez, Baby Killed in Downtown LA Pedestrian Accident

The family of the 2-month-old infant, Marcello Vasquez, who was killed in a pedestrian accident in downtown LA gathered over the weekend to mourn. Last Thursday night, just as a monthly event called Art Walk was ending and attendees were emerging from local galleries, the driver of a Cadillac Deville accidently hit the accelerator instead of the brake while attempting to parallel park, causing the vehicle to jump the curb and strike the stroller in which Vasquez was riding. He was transported to a local hospital, where he died from his injuries at about 2:30 a.m. the next morning, explains a California personal injury lawyer.

In the United States, motor vehicle accidents are the leading caused of death for children aged 3 to 14, with this age group accounting for 1,314 of the 33,808 traffic fatalities in 2009, according to the National Highway Traffic Safety Administration. That year, approximately 19 percent of the children aged 14 and younger who died in traffic accidents were pedestrians.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the family of Marcello Vasquez, the baby who was killed in the pedestrian accident in downtown LA.

Due to financial reasons, the family has not yet made funeral arrangements. Anyone wishing to help them during this difficult time may send donations to Wells Fargo Bank account number 7530166250, routing number 511406216.

Resources for the victims of pedestrian accidents and their families, such as links to advocacy groups and articles on the injury and wrongful death claims process, are available to the public free of charge.

If you would like to request one of these free resources, or to speak with a California personal injury lawyer, feel free to call 866-981-5596.

Anaheim: Van Crashed into, Killed Two Pedestrians

Shortly after 4:00 a.m. on Saturday, October 1st, a Chevrolet Astro van crashed into two pedestrians in Anaheim, the impact killing both of them. The accident occurred on the 1600 block of South Harbor Boulevard. Several occupants of the vehicle fled the scene before police arrived, leaving the injured driver, who was transported to a local hospital for treatment. Authorities are investigating whether alcohol was a factor in the incident, explains an Orange County injury lawyer.

Anaheim accounted for 8 of the 41 fatalities and 110 of the 914 injuries suffered by pedestrians throughout Orange County in traffic accidents in 2009, according to the California Highway Patrol's Statewide Integrated Traffic Records System. Across the state, crashes claimed the lives of 596 pedestrians and injured 13,083.

All of us at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the families of the two pedestrians who were killed in the crash involving the van last Saturday.

The Los Angeles Times originally reported this Anaheim pedestrian accident.

Additional information, including links to pedestrian advocacy groups and articles on the injury and wrongful death claims process, is available to the public free of charge.

If you would like to request one of these free resources, or to speak with an Orange County injury lawyer, feel free to call 866-981-5596.

Santa Ana Accident Seriously Injured Four Pedestrians

At about 4:45 p.m. on Thursday, November 2nd, a Volvo sedan struck and critically injured a group of pedestrians who were crossing Civic Center Drive near Spurgeon Street in Santa Ana, pinning a 3-year-old girl under one of its tires. The girl, along with a 1-year-old boy and two women, were transported to a local hospital in critical condition. Paramedics also took the driver of the Volvo to the hospital to receive treatment for an unspecified medical condition. Authorities believe the collision was caught on surveillance video and are investigating, explains an Orange County injury attorney.

The California Office of Traffic Safety compares the accident statistics of cities with similar populations, ranking those with the poorest records the highest. First place is considered the worst. According to the most current OTS data, Santa Ana ranked 4th out of 13 cities in 2009. Statewide, traffic-related pedestrian fatalities decreased by 9.2 percent, from 620 in 2008 to 563 in 2009.

All of us at Allen, Flatt, Ballidis, and Leslie would like to wish the four pedestrians who were seriously injured in the accident in Santa Ana yesterday a full recovery.

Resources for accident victims and their families, such as books and articles on the injury claims process, are available to the pubic free of charge.

If you would like to request one of these free resources, or to speak with an Orange County injury attorney, feel free to call 866-981-5596.

This is an open forum for discussion.

Feel free to post your questions and comments here.

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  • Reply
    Lorrie Scott Jan 18, 2012 @ 10:03 pm | delete
    My daughter, who works in LA and lives in Van Nuys, rides a bus daily, and before and after the bus, she has several blocks to walk. She wears black slacks at work, and her coat is fairly dark. She had the light to cross the street, and a left turning car, with the driver looking down or away, pulled out and nearly hit her. She swears it is all his fault. I agree that the pedestrian, following the rules has the right away, but I contend she also needs to be responsible within reason, and wear lighter colored clothing. It does little good to be right, and dead. What are the laws in California? Can she also be cited for contributing to the accident? I know I have made turns before and not seen someone in dark clothing. It can cause shakes knowing how close I came to an accident. I am not suggesting she wear four strobe lights, wear a road crew reflective vest, and wear a headlamp. I suggest a reasonable attempt as safety is her responsibility. She insists it is like blaming a rape victim for wearing provocative clothing for the cause of the rape. Help Please.
  • Reply
    jballidis Jan 20, 2012 @ 12:12 pm | delete
    Thank you for your recent post on our website. In a sense, both you and your daughter are correct. Your post mentions that the car "nearly hit her" but then later says "could she be cited for contributing to the accident." It is not 100% clear to me if an accident actually occurred. Assuming your daughter was struck, the following would be factors in determining liability.

    If you daughter was walking within the crosswalk on a green signal she would have the right of way, provided that she did give proper look out. Although she does have the "right of way" your daughter also has the duty to cross only when "safe." This does not mean that it is always safe, even though the light is green, and she is in the crosswalk. An example of this would be if an emergency vehicle with lights and sirens was going through the intersection. Just because a pedestrian has a green light, doesn't mean she can step in front of an ambulance with its lights and sirens on.

    There may be a justified reason why a car is turning on red and have the right of way. If the car was making a left turn at an intersection after waiting for traffic to clear, many times these turns are made when the car's light is red. In this instance, the pedestrian would have the green, but the pedestrian would also have to wait until the car cleared the intersection and completed its left turn.

    Your daughter is not required to wear reflective or light colored clothing to avoid an accident. There would be no violation for having dark pants and a jacket.

    Safety is every one's responsibility, and getting home safe should be every one's priority. I hope that your daughter was not actually involved in an accident, and the two of you were discussing it hypothetically, however if an accident did occur, please contact me directly so we may look at your individual case more closely.

    I hope this information was helpful.
  • Reply
    lorrieann123@hotmail.com Jan 21, 2012 @ 2:00 am | delete
    Thand you for such a fast and clear response. I should have said, "In the event of an accident", could my daughter be charged with some responsibility in wearing dark clothing. A friend lost her son a few years ago. He was walking along side of a country lane, late in January, and was wearing dark clothes. The man that hit him was unable to see him fast enough and in the end was not charged in the death. I do hope our hypothetical conversations remain that way, and she as well as everyone else, does what they can to remain safe when ever possible.
  • Reply
    fortune Echefu Jan 16, 2012 @ 9:42 am | delete
    under which basic right can the pedestrian right be categorised? right to movement?
  • Reply
    jballidis Jan 20, 2012 @ 11:33 am | delete
    Thank you for your interest in this lens. To answer your question, pedestrians have certain rights to movement in traffic. For instance, pedestrians have the right of way while traversing a crosswalk when the walk signal is on.
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James Ballidis is a California injury lawyer specializing in pedestrian injury claims. He is also the author of several articles and books on personal... more »

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