Common Misconceptions About Pedestrian Accident Claims

Pedestrian accidents are some of the most devastating cases in the field of personal injury. Walkers, joggers, and hikers who are crossing streets or walking along the sidewalks or the roadside are exponentially more vulnerable than the cars, trucks, motorcycles, or even bicycles that strike them. 

Common misconceptions surrounding pedestrian accidents and personal injury claims often stop or deter victims from pursuing a personal injury claim. Learn about common misconceptions regarding pedestrian claims and how to avoid becoming a victim for a second time. 

5 Common Myths Or Misconceptions Around Pedestrian Accidents

Despite widespread public campaigns designed to raise awareness regarding pedestrian safety, devastating pedestrian accident injuries and fatalities remain high. In 2022, 7,522 pedestrians were killed, and more than 67,000 pedestrians were injured nationwide. These accidents devastate individuals and families, and swift action from an experienced personal injury lawyer can be a person’s greatest tool for navigating the legal landscape following an accident. 

Do not let these common myths stop you from pursuing a pedestrian accident claim. A decision to not pursue a valid pedestrian claim means you will forfeit your right to compensation and the at-fault party will not be held accountable for their actions. 

A jaywalking pedestrian is not entitled to compensation

One of the most common myths is that jaywalking, or a pedestrian failing to use a crosswalk, is not entitled to pursue a claim if they are injured by a motor vehicle. This is absolutely not true. New changes to California’s traffic laws state that jaywalking is no longer illegal. That said, the laws do not permit a person to use negligence when crossing a street (more on that in Myth #2). 

The fact is, even if a person is crossing outside of a marked or unmarked crosswalk, a driver is not permitted to run a pedestrian down. The operator of a motor vehicle always has a duty to keep an eye out for pedestrians on the roadway and to perceive and react to them in order to avoid a collision. 

In a personal injury case involving jaywalking, the driver of a motor vehicle is likely to be determined to be at fault, but the pedestrian will still need to prove the elements of negligence to support their claim. that support their client’s case.

Pedestrians always have the right of way

Just because California made jaywalking legal does not mean that pedestrians always have the right of way. This is simply not true.

While a pedestrian will not be cited for breaking the law if they cross the street outside of a crosswalk,  a pedestrian must still keep a lookout for approaching vehicles before entering the roadway. If a pedestrian walks out into the street in front of an approaching vehicle that is close enough to constitute an immediate hazard, the pedestrian will be found at fault for the accident. Simply put, a vehicle cannot stop on a dime. Even if a driver is paying the utmost attention and traveling at a speed safe for the conditions, if a pedestrian steps out in front of that car when it is merely feet away, there may be nothing the driver can do to avoid colliding with the pedestrian. 

California’s comparative negligence laws protect drivers who have little (or no) role in the accident and its outcome. 

Wearing white makes you visible at night

Pedestrians, especially those who regularly walk to and from work, school, or on their daily routes, often mistakenly believe that wearing white or light-colored clothing makes them more visible at night. Unfortunately, this is not entirely accurate. 

While wearing dark colors at night guarantees a pedestrian will be hard to see, wearing light-colored clothing may not improve visibility to a significant degree. In fact, several factors make it more difficult to see pedestrians on the road or as they are preparing to cross the street, including: 

• Pedestrians crossing at unmarked intersections or in unusual places
• Poor weather conditions (e.g., fog, rain, wind)
• Inadequate lighting
• Lack of reflective wear
• Busy or visually chaotic locations, especially Bay Area streets and intersections known to be more dangerous 

Pedestrians should use “defensive walking” precautions and always assume that a driver cannot see them until the driver has confirmed the pedestrian is visible by slowing their vehicle and/or making eye contact. 

The driver is not at fault if the police do not issue a ticket

Fault in personal injury cases is determined based on a variety of factors. In the case of an injury-related pedestrian accident, traffic laws - or a police officer’s interpretation of fault - are only one part of the story.

Any pedestrian who has been involved in an accident should immediately consult with an experienced personal injury attorney to review their case. While legal or ethical responsibility plays essential roles in cases involving punitive damages, your pedestrian accident lawsuit may be more geared towards compensatory damages related solely to your injuries, medical bills, required treatments, relevant current and future lost wages, etc.

You cannot pursue a personal injury lawsuit unless you pursue it within weeks of the accident 

The majority of personal injury cases, including pedestrian accidents, have a two-year statute of limitations. What this means is: that barring exceptional circumstances, you have two calendar years from the date of the accident to file a lawsuit. 

However, it is important to note that the longer an injured pedestrian waits to initiate their claim, the harder it will be to obtain the documentation and evidence necessary to pursue maximum compensation. This is why the attorneys at Burneikis Law always advise accident victims to keep accurate and detailed documentation pertaining to all aspects of the claim, even if the victim is not positive they want to pursue a case. 

Pedestrians who have been injured in an accident should consider the following tips, even if they have not yet decided to pursue their claim: 

• If you are conscious or able to communicate with others after the accident, be sure to get the names and contact information of any potential witnesses.
• Write down, record, or have someone dictate your immediate memories of what the accident scene was like before, during, and after the crash.
• Take pictures of any cars or objects that were involved and/or damaged.
• Obtain photo or video evidence of the accident scene.
• Head to your primary care physician, local emergency room, or an urgent care center as soon as possible after the accident for a thorough physical exam and imaging. This is imperative even if you do not believe you have been injured; adrenaline and shock will often mask symptoms of injury in the moments following an accident. 

The bottom line is: that the more evidence you have, the better equipped your attorneys will be to pursue your case and obtain a just settlement.

Burneikis Law Has The Experience And The Expertise To Ensure Pedestrian Victims Receive Full Compensation

Pedestrians are exceptionally vulnerable to injury, which is why the most common pedestrian accident injuries can be so traumatic and life-altering. If you or someone you love was involved in a pedestrian accident here, contact Burneikis Law and schedule a free, no-obligation consultation.

The attorneys at Burneikis Law have extensive experience handling cases for pedestrians both in and out of the courtroom. It is this experience that has resulted in us obtaining numerous multi-million dollar results for our clients. We never take on a case we are not confident we can win. Let us get you the accountability and compensation you deserve.