Burlingame, CA Pedestrian Accident Attorney

Pedestrians in a Crosswalk

Legal Expertise and Experience Fighting for Injured Pedestrians in San Francisco Bay 

Many drivers focus primarily on the color of their light and look for other vehicles without doing one of the most important things at an intersection - looking out for pedestrians. Even for people walking in crosswalks, pedestrian accidents are a very common occurrence, especially in Bay Area. Drivers of turning vehicles are often so focused on watching the traffic to see when it is clear for them to proceed that they forget about pedestrians. Also, when a vehicle is coming at a pedestrian there is rarely anything a pedestrian can do to avoid being struck because vehicles are so much faster than people and a pedestrian's reaction time will usually be long enough for the collision to occur before any evasive maneuver can be accomplished.

When a car strikes a person the chances of injury are dramatically higher than in a collision between vehicles where the occupants have some protection. Not only is the vehicle impact directly on the victim's body, but there is a chance that the pedestrian will be thrown onto the hood of the vehicle and a likelihood that the pedestrian will land on the hard asphalt roadway. As a result, there is a greater likelihood of needing urgent medical care such as paramedic services and an ambulance ride to the emergency room.

Unfortunately many pedestrians who are struck are in no position to take action on their behalf at the scene. Eyewitness accounts and accident reconstruction are often necessary to prove that the victim was not jaywalking. Pictures should be taken of the scene, even if days after the collision. It will be important to show the exact location of traffic signals and the sight lines of the parties involved. Do not give a recorded statement to an insurance company if you have been hit while crossing the street. The only purpose of the recording is to use it against you. An injured pedestrian is more likely to have bruises, abrasions, lacerations, torn clothes, and damaged personal property than an injured vehicle passenger. Photographs of the body parts and preservation of any physical evidence is very important.

Specific sections of the vehicle code cover the responsibilities of motorists and pedestrians. While it is generally true that the pedestrian has the right of way, that does not mean a pedestrian can carelessly walk in front of a vehicle and be completely devoid of legal responsibility for their own injuries. A dart out for example, when a pedestrian, often a child, runs into the middle of the street in the middle of a block, will likely not be the legal responsibility of the driver. Each case is very fact specific and should be reviewed by an experienced injury attorney such as Mr. Shapiro who has handled many pedestrian cases.

There are also special insurance policy provisions which may cover you without you even being aware. For example, if you have a medical payment provision on your auto policy it covers you when you are NOT in your car. It follows you around and covers you, and your children living with you, when crossing the street. Also, an uninsured motorist provision may be important not only because the driver of the vehicle may not have insurance but because pedestrians are more likely to be victims of hit-and-run accidents. Drivers often do not know, or at least are not sure, if they struck a pedestrian. Therefore they are more likely to leave the scene making their insurance information unobtainable. If you are a pedestrian struck by a hit-and-run vehicle you will be covered by your uninsured motorist provision as long as you contact the police and notify your insurance company in a timely manner.

This is the type of helpful information you can get by contacting Mr. Shapiro and discussing your case if you or a loved one is struck by a car while walking across the street. Call 650-274-0180 or fill out the online form for a free consultation.

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851 Burlway Rd, #500, Burlingame, CA 94010
| Phone: 650-274-0180

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