Pedestrian-related accidents are devastating. According to the California Office of Traffic Safety's "2020 Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions," there were 2,114 pedestrian fatalities and 14,087 pedestrian injuries in California in 2019. The more immediate question becomes, “What next?” The first step is to seek medical attention immediately. Afterward, you can follow up with a personal injury attorney to seek damages from the at-fault party in a personal injury lawsuit. California law allows injured parties or surviving members of the deceased pedestrian to seek compensation for their injuries and losses.

Common Causes of Pedestrian Knockdown Accidents in California

While car-related crashes cause pedestrian accidents, they are not the only causes. Other factors could cause a pedestrian to be knocked-down and thus resulting in the pedestrian sustaining significant injuries.

Like other personal injury lawsuits, proving that the defendant was negligent is pivotal in establishing your case and increasing the possibility of securing just compensation. However, proving negligence in a pedestrian accident can be complex. It requires a careful examination of the facts and circumstances surrounding the accident. In general, to prove negligence in a pedestrian accident case, you must establish the following elements:

  • Duty of care — You must show that the defendant owed you a duty of care. You must establish that the defendant had a legal obligation to operate with reasonable care to avoid causing harm to others, including pedestrians.
  • Breach of duty — It must also be evident to the jury that the defendant breached their duty of care by failing to exercise reasonable care.
  • Causation — The defendant’s breach of duty should directly cause your injuries. This means that you would not have been injured if the defendant had not breached his/her duty of care.
  • Damages — You suffered damages as a result of the accident. This can include physical injuries, emotional distress, medical bills, and lost wages.

Below are the common causes of pedestrian accidents other than car-related pedestrian accidents.

  1. Runners or Joggers on the Sidewalk

Runners who are reckless or inconsiderate and fail to share the sidewalk with pedestrians can cause accidents and injuries. While most runners are considerate and aware of their surroundings, some may not be, and their actions can lead to dangerous situations.

If a runner hits you and causes an injury, you could pursue a personal injury claim against the runner to recover damages for your injuries and losses. You must establish that the runner was negligent and caused the accident. Additionally, you should show that you suffered damages due to the accident.

  1. Unleashed or Uncontrolled Dogs

Dog owners have a legal duty to exercise reasonable care to prevent their dogs from causing harm to others. If a dog owner fails to meet this duty and their dog causes an injury, the owner could be held liable for the victim’s damages under California law.

In some cases, the dog owner could be strictly liable for the injury. They are responsible for the injury regardless of whether they were negligent.

For example, if a dog owner violates a local leash law and their dog bites or attacks a pedestrian. In contrast, off-leash, the owner is strictly liable for the victim’s damages under California’s “negligence per se” doctrine.

To prove negligence in a dog attack case, the victim must show that the owner knew or should have known that their dog was dangerous or had the propensity to bite and failed to take reasonable steps to prevent the attack.

For example, a dog owner could be negligent if they allow their dog to roam freely in an area with pedestrians or if they fail to properly restrain their dog on a leash.

If you are injured in a dog attack or knockdown accident, seeking medical attention and gathering evidence of the incident is essential. These include witness statements and photographs of your injuries.

  1. Biking on the Sidewalk

Bicycling on the sidewalk is a complex issue that varies depending on the specific laws and policies of each city and municipality in California. While it could be legal to bike on the sidewalk in some areas, cyclists must still exercise reasonable care and caution when sharing the sidewalk with pedestrians.

If a cyclist is negligent and causes an accident on the sidewalk, he/she could be liable for any injuries or damages that result.

For example, if a cyclist is riding too fast or fails to yield to pedestrians, collides with a pedestrian, and causes an injury, the cyclist could be liable for their negligence.

In cases where biking on the sidewalk is illegal in a particular area, a cyclist who causes an accident while biking on the sidewalk could be held liable for negligence per se. Negligence per se means that the cyclist’s violation of the law is considered evidence of their negligence, and the injured pedestrian could have an easier time proving their case.

  1. Skateboarding on Sidewalks

Skateboarding on sidewalks can be dangerous for both the skateboarder and pedestrians. Skateboarders can lose control of their boards and collide with pedestrians or cause them to fall over. In California, cities and towns have rules and regulations regarding skateboarding on sidewalks. All skateboarders are bound to adhere to the rules.

The skateboarder's duty of care includes taking reasonable steps to avoid colliding with pedestrians and not engaging in reckless behavior. For example, if the skateboarder was weaving in and out of pedestrian traffic or performing dangerous stunts on the sidewalk, he/she could be found to have breached their duty of care.

Note: If the skateboarder was a minor, their parents or legal guardians could be liable for the pedestrian's injuries if they were negligent in supervising the child's skateboarding activities.

  1. Groups of People Who Choose Not to Move Over on the Sidewalk

There could not be a specific law about the right of way on the sidewalk. However, pedestrians are generally expected to exercise reasonable care and caution when using the sidewalk. This care includes yielding to other pedestrians to avoid collisions and accidents.

If a group of people knocks you over while you are on the sidewalk, they could be liable for any injuries you suffer. The legal theory of negligence would apply, which requires you, the injured party, to show that:

  • The defendant had a duty of care.
  • They breached that duty, and.
  • The breach caused the injury.

In the context of a sidewalk accident, this could mean that the group of people had a duty to exercise reasonable care and caution when using the sidewalk and that they breached that duty by failing to yield to you or by engaging in reckless or dangerous behavior, and that their breach caused your injury.

If you can prove these elements of negligence, you can recover damages for your injuries and losses, such as medical expenses, lost wages, and pain and suffering.

  1. City buses or Trucks With Large Side Mirrors That Extend Over The Sidewalk

Buses and trucks can pose a hazard to pedestrians due to their side mirrors that extend beyond the edge of the vehicle. If a bus driver fails to pay attention or is careless, he/she could cause a pedestrian to be hit by the bus mirror, resulting in serious injuries.

If you are hit by a bus mirror while standing near the sidewalk's edge, you can file a lawsuit for damages. If the accident was caused by an employee, for example, a bus driver, you could also sue the employer under the theory of vicarious liability. This means that the employer can be held responsible for the actions of their employee that occurred within the scope of their employment.

  1. Unmaintained Sidewalks

Slip, trip, and fall accidents commonly cause pedestrian injuries. Property owners, including businesses and municipalities, have a duty to maintain safe conditions for pedestrians and take reasonable steps to prevent slip, trip, and fall hazards. This includes repairing uneven surfaces, clearing debris, and providing adequate lighting.

If a property owner fails to meet this duty and their negligence causes a slip, trip, and fall accident, a jury can hold them liable in a personal injury suit for the resulting injuries. To establish liability, a plaintiff generally needs to prove that:

  • The property owner knew or should have known about the hazardous condition.
  • The property owner failed to correct or warn of the hazard.
  • The plaintiff suffered injuries as a result of the hazard.

  1. Passengers Opening the Doors of Parked Vehicles

Pedestrian accidents can also occur when passengers in parked vehicles open their doors without checking for oncoming pedestrians or cyclists. This is commonly referred to as a "dooring" accident. When a door suddenly opens in front of a pedestrian, the pedestrian could not have enough time to react and could collide with the door, causing severe injuries.

Drivers and passengers must take reasonable care when opening their doors to avoid colliding with any pedestrians or bicyclists. In these cases, it may be necessary to show that:

  • The driver or passenger was negligent in opening the door without checking for oncoming pedestrians or bicyclists;
  • The accident was a direct result of the driver or passenger's negligence and
  • You suffered injuries and damages as a result of the accident.

While drivers and passengers should check for pedestrians and bicyclists before opening their doors, pedestrians should be aware of their surroundings and watch for parked vehicles.

Other causes of pedestrian accidents include the following:

  • Fights on the street.
  • Kids running around a store or restaurant.
  • Kids rough-housing at a pool.
  • Crowded street fairs or festivals.

Common Injuries Pedestrians Sustain in Pedestrian Accidents

Pedestrian accidents can result in a wide range of injuries. Some can be severe or even fatal. Common injuries that pedestrians sustain in an accident include the following:

  • Fractures and broken bones.
  • Spinal cord injuries, which can cause paralysis or partial paralysis.
  • Head injuries, including traumatic brain injuries (TBIs).
  • Internal injuries, including damage to organs like the lungs, liver, or spleen.
  • Soft tissue injuries, like cuts, bruises, and sprains.
  • Emotional trauma, including post-traumatic stress disorder (PTSD) and anxiety disorders.

The severity of these injuries can depend on a number of factors, including:

  • The speed and force of the impact,
  • The age and health of the pedestrian, and
  • Whether the pedestrian was hit by a car or other large vehicle.

Actions to Take if You are Involved in a Pedestrian Accident

If you get knocked over while walking, here are some steps you should take:

  1. Seek Medical Attention

Your health and safety are the top priorities. Call for medical help or go to the nearest emergency room if you need immediate assistance. You can call 911 or request someone be on the scene to assist you in seeking medical attention.

During the 911 emergency call, police officers will also respond. Be sure to provide them with all the details of the incident. Police officers document the incident and create a report, which will be helpful for insurance and legal purposes.

  1. Gather Information About the Accident and those Involved Including Witnesses

Get the contact information of any witnesses to the accident, including their names, phone numbers, and email addresses. Also, take pictures of the accident scene, including the location, the condition of the sidewalk or road, and any other relevant details. Retain your medical records besides the photos and surveillance photos at the scene.

Gathering evidence is crucial for your case. Evidence can help prove liability and the extent of damages you suffered. Without proper evidence, proving fault or the severity of the injuries will be difficult.

  1. Notify Your Insurance Company

If you have insurance coverage relevant to the accident, for example, health insurance or auto insurance, notify your insurance company as soon as possible.

Note: Do not admit fault after the accident. Doing so could harm your case and your chances of recovering compensation for injuries or damages. Even if you believe you were at fault, it is essential to remember that fault in an accident is often a complex issue that involves multiple factors and parties.

It is best to consult a personal injury attorney before making statements or admitting fault. They can help you evaluate your situation and provide guidance on the best course of action. In addition, any discussions or negotiations with the other party or their insurance company should be handled by your attorney to protect your legal rights and interests.

Acting quickly after a pedestrian accident is crucial to protect your legal rights and ensure you receive appropriate medical care and compensation for your injuries.

Damages You Can Recover in a Personal Injury Lawsuit After a Pedestrian Accident

Three types of damages could be available in a pedestrian knockdown accident lawsuit: economic, non-economic, and punitive damages.

  1. Economic Damages

These damages are meant to compensate the victim for the financial losses incurred due to the accident. Economic damages include:

  • Past and future medical expenses.
  • Past and future lost wages.
  • Loss of earning capacity.
  • Property damage.
  • Any other costs related to the accident.

  1. Non-Economic Damages

These damages are meant to compensate the victim for non-financial losses resulting from the accident. These include:

  • Pain and suffering.
  • Emotional distress.
  • Loss of enjoyment of life.
  • Disfigurement or scarring.
  • Loss of consortium.

  1. Punitive Damages

Punitive damages seek to punish the defendant for their wrongful conduct deemed outrageous or extreme and to deter similar behavior in the future. Punitive damages are only available in cases where the defendant's conduct was especially egregious or malicious.

Some of the wrongful acts that can result in punitive damages include the following:

  • Failure to yield to pedestrians in crosswalks or at intersections.
  • Distracted driving or walking, for example, using a mobile phone while driving or walking.
  • Failure to maintain or repair sidewalks or roadways.
  • Allowing a dangerous dog to roam free.
  • Negligent operation of a bicycle or skateboard on a sidewalk.
  • Failure to properly train or supervise employees, for example, bus drivers or truck drivers.
  • Opening a car door into the path of a pedestrian.

In California, the minimum insurance coverage required for drivers is liability insurance with the following minimum limits:

  • $15,000 for injury or death to one individual.
  • $30,000 for injury or death to more than one person.
  • $5,000 for property damage.

However, these minimums could be insufficient to fully compensate you for your injuries. If the damages exceed the at-fault party's insurance coverage, you could choose to file a lawsuit against the at-fault party to seek compensation for the difference.

Contact an Experienced Los Angeles Personal Injury Attorney Near Me

A personal injury attorney can help you navigate the legal process and advocate for your rights. They can also gather evidence, negotiate with insurance companies, and represent you in court if necessary. You should choose an attorney with experience in handling pedestrian knockdown accidents and who is familiar with California's laws and regulations. Our team at The Personal Injury Attorney Law Firm is ready to help. Contact us today at 800-492-6718 for a free case assessment.