Pedestrian Deaths Increase Nationwide
I’m Ed Smith, a Rocklin wrongful death lawyer. In the past several years, roadway safety has improved with the exception of pedestrians. While traffic deaths decreased for most other modes of transportation, there was an increase in pedestrian deaths by almost 25 percent.
Incidence of Pedestrian Deaths
Nationwide, over 5,000 pedestrians died due to traffic injuries in 2015, according to the National Highway Traffic Safety Administration. This number increased to almost 6,000 in 2016, an 11 percent increase. The Governor’s Highway Safety Association points out that of all states in 2016, 34 experienced a rise in pedestrian deaths, while 15 had fewer fatalities. Maine reported no change. Aside from pedestrian deaths, 129,000 people were treated in emergency room facilities nationwide.
State Variance
The number of pedestrians killed varies significantly from one state to another. For example, in 2016, Wyoming reported only one fatality while California had 359 pedestrian deaths. California, Texas, Florida and New York comprised 42 percent of all pedestrian deaths in the country, according to the GHSA. Factors that contribute to the number of pedestrians fatalities include incentives for walking such as good weather.
California Pedestrian Fatality Response
In a response to the number of pedestrian deaths in California, the Office of Traffic Safety has instituted a program called “Pedestrians Don’t Have Armour.” The campaign stresses the need for pedestrians and motorists to work together to keep the roadways safe for everyone. Both groups are urged to take precautions.
Suspected Reasons for Pedestrian Deaths
Some reasons given for the increases in pedestrian deaths are:
- Distraction: Both pedestrians and motorists are increasingly distracted on the road. Whether texting or listening to music, focus on the roadway is diminished.
- Speeding: The majority of pedestrian deaths occur when a vehicle is traveling at 30 to 40 mph. Slowing down near intersection crosswalks is helpful.
- Lighting: Some intersections and crosswalks are not well lit, prompting some locales to work toward better lighting conditions at crosswalks.
- Aggressive driving: Motorists are required to be cautious at crosswalks or intersections even if they technically have the right of way. Being in a hurry is not a reason to do otherwise. Getting angry is not either.
Pedestrian Laws
According to California Vehicle Code 21950, pedestrians do have the right of way in crosswalks, both marked and unmarked, located in intersections. The same vehicle code also puts the onus partly on pedestrians. It states that a pedestrian should not step down from a curb or area of safety, and cross against oncoming traffic that is so close that it might be of immediate harm. This is the pedestrian’s duty of care.
Prior to October 2, 2017, if a pedestrian entered when the blinking or flashing “Wait” hand signal was on, they could be charged with a violation of the law. A new amendment to the law was signed by Governor Brown, Bill AB 390, that allows the pedestrian to enter the crosswalk when the signal is flashing. Once the signal becomes steady, the pedestrian cannot enter the crosswalk. Motorists need to be aware of the change, giving pedestrians the right of way.
Comparative Fault
California operates under the doctrine of pure comparative fault. This means that the actions of each participant in an accident are compared, and the degree of fault is assigned accordingly. For instance, if a pedestrian partially caused an accident to happen, the amount of damages the pedestrian could receive is less their percentage of fault. However, the pedestrian could still collect a portion of the damages. Let’s say the pedestrian suffered a traumatic head injury after crossing the street illegally, and the medical bills amounted to $100,000. If the pedestrian is found to be 50 percent at fault, he or she could only collect $50,000 in a lawsuit.
Rocklin Wrongful Death Lawyer
I’m Ed Smith, a Rocklin wrongful death lawyer. Too many pedestrians die on the roads every day. If this happened to a family member, you might not want to think about damages during this time of loss. Let me take this burden from you. Call me at (916) 921-6400 in and around Rocklin or (800) 404-5400 toll free for friendly and free advice. You can use our online contact form also.
I have practiced in Sacramento since 1982, helping residents all over Northern California including Rocklin. Whether it’s dog bites, car or truck accidents, I work hard to ensure just compensation for my clients. Look at the results of other cases on settlements and verdicts.
As an injury lawyer, I know the devastation a death or an accident can cause, leaving little time to find an attorney. Look at my Avvo, Yelp or Google pages to see what other clients have to say about my practice.
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Photo Attribution: https://pixabay.com/en/buildings-city-crossing-1838418/
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