A serious pedestrian accident that causes major injuries can be life-altering. The pedestrian’s injuries may prevent him from pursuing recreation or hobbies he regularly enjoyed before, such as golfing, surfing, or bicycling. The injuries may damage his relationship with his family by limiting his ability to engage in physical activities, like playing with children or sharing intimacy with a partner. The damage may also alter his work life, as the injuries may have left him physically (or, in some TBI cases, cognitively) unable to do the tasks essential to his job. In that set of circumstances, getting a fair and appropriate outcome may be a complex and challenging task, which is why retaining the services of a skilled Santa Barbara pedestrian accident lawyer may make the difference between getting justice and getting shortchanged.
A pedestrian accident case resolved earlier this summer demonstrates this point very clearly. While occurring across the state from our area, it represents an important reminder of the dangers pedestrians face… even from slower-moving vehicles.
The pedestrian was a man crossing a divided, four-lane city street in Oakland. As he crossed, an eastbound commuter traveling at roughly 25 mph struck him with her car. The pedestrian, who was inside a marked crosswalk, “flew into the windshield, rolled down the hood of the car, and landed on the ground semiconscious and bleeding from his head.” Allegedly, the pedestrian suffered a “massive traumatic brain injury” (TBI) that caused “permanent and debilitating injuries.”
Cases like this are examples of the importance of a thorough accident scene investigation and an in-depth analysis of the facts. Sometimes, a pedestrian is injured for no reason other than the negligence of the driver who hit him. Many times, though, a careful review of the relevant facts shows that more forces were in play. Identifying additional liable parties can be critical, as the pedestrian’s total damages may be very large, and simply pursuing the driver who hit you may not be enough to secure a full recovery.
Negligence by a Public Entity
Your pedestrian accident may present an opportunity to hold accountable the public entity responsible for the design, construction, and maintenance of the road area where the crash happened. These kinds of cases can involve negligent upkeep (such as a failure to maintain the crosswalk’s paint marking) or negligent design/construction (such as an intersection with an inherently hazardous flaw.)
The Oakland pedestrian’s case included one of those claims. The man alleged that the city had negligently failed to trim the vegetation that grew around the intersection and that the overgrown vegetation had obscured sightlines, thus limiting drivers’ ability to spot pedestrians. The pedestrian’s carefully collected evidence included police photos of the intersection, including two that depicted the vegetation in the median, which included tall and thick bushes and trees. The pedestrian also provided expert evidence from a traffic engineer. The engineer opined that the sight distance at the crash scene was only 114 feet, whereas the “minimally acceptable” sight distance was nearly double that length (200 feet.)
That evidence was enough to convince the Court of Appeal that the pedestrian had a viable claim against the city. Rather than take its chances at trial, the city settled earlier this year, agreeing to pay the man $6.2 million.
Bear in mind that successfully pursuing a public entity in civil court comes with its own unique set of challenges and possible pitfalls. If your pedestrian accident shows simple driver negligence or driver negligence plus an unreasonably hazardous roadway, your case deserves careful and diligent legal representation. Count on the Santa Barbara pedestrian accident attorneys at the law firm of Galine, Frye, Fitting & Frangos, LLP to be that zealous advocate who will fight for everything you deserve. Contact us today at 805-617-1365 or through our website to get a free case consultation and learn how we can help you.
