Pedestrian Struck and Injured in Napa
On the evening of Tuesday, October 19, 2021, a 48-year-old man from Napa was struck by a vehicle on Jefferson Street, according to police. He sustained major injuries, and his pet dog was killed.
Details of the Incident
At approximately 7:30 p.m. on Tuesday, a man was walking with his dog in the vicinity of Jefferson Street and George Street when he was struck by a 43-year-old female motorist. The pedestrian sustained serious injuries, including multiple broken bones, but is expected to recover. He was transported by ambulance to Providence Queen of the Valley Medical Center and was later transferred to a different hospital for further treatment. His dog was killed in the impact.
The events that led to the collision are still being investigated. The vehicle driver, a Sonoma resident, remained at the scene and cooperated with authorities. She currently does not face any charges.
Pedestrian Accidents
As we have reported on our blog multiple times, pedestrian accidents are on the rise throughout California. To avoid pedestrian accidents, motorists must become aware of people who use alternative methods to get around, such as walking, bicycling, skating, and operating a wheelchair. Heightened attention is required when driving in areas where there are children or older adults present, as those groups may be less aware of motorists and more likely to stray into areas where vehicle traffic is present.
Who Is at Fault in a Pedestrian Accident?
In general, the determination of which party is at fault in an accident is done by the law of negligence. Anyone who does not exercise reasonable care in a certain situation could be found “negligent.” In some circumstances, the motorist and the pedestrian may share fault – for example, if the pedestrian was illegally crossing the street at the same time the motorist was driving faster than the speed limit. In California, that means that any personal injury payment made to the pedestrian is subject to a reduction proportionate to the percentage of his or her negligence. It is usually true that the motorist has a greater duty of care than the pedestrian.
Pedestrian Struck by Car – Who Pays?
If a pedestrian is injured in an automobile accident, any medical treatment they receive may be billed under their own health insurance policy. If the motorist is later found to be at fault for the accident, the automobile insurance company for the at-fault driver has a responsibility to reimburse the injured person for medical bills and wage loss sustained due to the accident. The injured person is also entitled to seek monetary damages for pain and suffering.
Pedestrian Struck by Uninsured Driver – Who Pays?
If the injured pedestrian was struck by a motorist that was driving without automobile insurance, the injured pedestrian can open an uninsured motorist claim under their own automobile insurance policy, if one exists. If the pedestrian had no auto insurance policy, they may be able to make a claim under their homeowner’s policy.
There is always the option to file suit directly against the uninsured driver, but if there is no insurance policy available, the possibility of collecting any money is often very small to nonexistent.
Watch the YouTube video. Below is a clip posted by the Federal Highway Administration on pedestrian safety.
Napa Pedestrian Accident Injury Lawyer
Hello, and thank you for reading. I’m Ed Smith, a Napa pedestrian accident lawyer. If you or a loved one has been injured in a car crash caused by another motorist’s negligence, please reach out to our compassionate injury attorneys for free and friendly legal advice. Our local number is (707) 564-1900. We also provide a toll-free line for those calling from other parts of Northern California: (800) 404-5400.
To read reviews from prior clients, please visit the links below.
Photo: by Ivan Lenin via Unsplash
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