Walking in Santa Barbara is typically a delightful experience, thanks to its pleasant weather and picturesque walkways. The city offers a wonderful opportunity to enjoy the outdoors on foot. However, the escalating number of pedestrian accidents in recent years has highlighted the potential dangers of walking in Santa Barbara.
Pedestrians face various hazards on city roads everywhere. According to data from the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), there has been an average of 43 pedestrian accidents resulting in injuries or fatalities citywide in the past five years.
Consequently, if you choose to walk around Santa Barbara, it is crucial to be aware of the potential causes of accidents and understand your available options if you happen to be involved in one.
Santa Barbara Pedestrian Accident Victims Can Count on Maison Law
At Maison Law, we recognize the utmost importance of having reliable legal guidance and support when you experience a pedestrian accident in Santa Barbara. Our team of experienced and dedicated Santa Barbara personal injury lawyers has developed a proven system of success in this field.
Contact us today for a free consultation where we can explain your legal rights, discuss your options, and provide the support you need on your path to recovery.
What Are the Consequences of Santa Barbara Pedestrian Accidents?
Without a doubt, being involved in a pedestrian accident in Santa Barbara raises extremely difficult and challenging issues for the victim. If this has happened to you or a loved one, you’re likely facing significant health issues and other consequences. While these are all considerations that you’ll have to deal with, by far the biggest consequence of a pedestrian accident is the injuries you’ll face.
The nature of pedestrian accidents–which normally involve a moving vehicle colliding with you–means that you have very little to no protection at all. This only increases the severity of injuries, which can include:
- Head injuries – Being struck by a car can cause traumatic brain injuries (TBIs), concussions, and other head injuries.
- Broken bones – Fractured arms, legs, and hips are among the most frequent injuries suffered by pedestrians.
- Spinal cord injuries – Impact to the back or neck area can result in spinal cord injuries, potentially leading to paralysis or long-term disabilities.
- Internal injuries – Pedestrian accidents can cause harm to internal organs like the liver, spleen, or kidneys.
- Cuts and bruises – When pedestrians are hit by a vehicle and thrown to the ground, they often experience cuts, bruises, and abrasions.
- Emotional trauma – Pedestrian accidents can also cause emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Fatal injuries – In the most severe cases, pedestrian accidents can result in death.
If you’re injured in such an accident, it’s crucial to seek immediate medical attention. Additionally, follow the same steps you would in a regular car accident: gather information about the person who hit you and documents evidence of the accident through photos or videos. This evidence will be important if you decide to take legal action.
Common Causes of Santa Barbara Pedestrian Accidents
Although pedestrian accidents are extremely dangerous and impactful for victims, the reality is that many of the same causes of other car accidents are also present in these types of accidents. The only difference is that pedestrian accidents usually occur in more crowded areas of Santa Barbara, like Downtown or Isla Vista. That said, there are various causes and situations that can lead to these accidents, including:
- Distracted driving – Many pedestrian accidents occur when drivers are distracted, often due to texting, talking on the phone, or engaging in other distracting activities while driving. This distraction can cause drivers to fail to notice pedestrians.
- Speeding – Drivers who exceed the speed limit in certain areas of the city have less time to react to pedestrians, increasing the likelihood of accidents.
- Lack of visibility – Pedestrians can be difficult to see in low light conditions, such as at night or during bad weather.
- Failure to yield – Drivers who fail to give pedestrians the right of way at crosswalks or intersections can cause accidents.
- Driving under the influence – Drivers who are under the influence of drugs or alcohol often have impaired judgment and delayed reaction times, making it more likely for them to cause accidents involving pedestrians.
- Poor road design – Some areas of Santa Barbara may have poorly designed roads or intersections that make it challenging for drivers to see pedestrians or for pedestrians to cross the street safely.
Understanding these causes is important, but as a pedestrian, it’s crucial to take precautions as well. Always use designated crosswalks and stay alert, especially in busy parts of the city. However, accidents may still occur despite these precautions, and they often result in serious complications. This can lead to serious changes in how your life proceeds after the accident.
Who is Responsible for Santa Barbara Pedestrian Accidents?
Like any other accident in California, figuring out who is responsible for a Santa Barbara pedestrian accident hinges on the concept of negligence. Generally speaking, there are four elements of negligence:
- Duty of Care – The party has a responsibility to prevent accidents or injuries.
- Breach of Duty – The party failed to fulfill this duty by behaving negligently.
- Causation – The accident occurred as a result of the party’s breach of duty.
- Damages – The injuries (damages) were directly caused by the party’s actions.
With that said, figuring this out isn’t always straightforward, as the specific circumstances surrounding the accident are extremely important. When an accident occurs due to negligence or recklessness, that duty of care is breached. If the accident results in injuries and damages, the person responsible for causing or contributing to the accident can be held liable. In a pedestrian accident, various parties could be involved, such as:
- Drivers
- Passengers
- Government agencies responsible for maintaining the roadway
- Vehicle manufacturers, if a faulty part caused the accident
It’s important to note that under California law, you may also share some of the liability. This is known as “comparative negligence,” which means that the amount you can recover from the responsible party is reduced based on the percentage of fault attributed to you.
Regardless of the circumstances, if you have been involved in a pedestrian accident, it’s crucial to understand and protect your rights under the law. The best way to do this is by working with our team of experienced Santa Barbara pedestrian accident lawyers.
Legal Process in Santa Barbara Pedestrian Accidents
In California, you have the right to seek compensation for the damages caused by the party responsible for your pedestrian accident. This process typically involves filing an insurance claim and, if necessary, pursuing a lawsuit.
- Insurance claim – Filing an insurance claim is the initial step. You submit a claim to the responsible party’s insurance company, which will conduct its own investigation and make a settlement offer. It’s important to remember that insurance companies aim to minimize payouts. This is where our experienced team can assist you. We have the knowledge and resources to strengthen your claim and negotiate a fair settlement on your behalf.
- Lawsuit – If the insurance settlement is inadequate, the next step is to file a personal injury lawsuit. This requires the expertise of a lawyer who will file the lawsuit in civil court and represent you throughout the legal proceedings. The lawsuit involves a discovery process where evidence is exchanged between both parties. If the case doesn’t settle through mediation, it will proceed to trial, where a judge and jury will determine the final settlement amount. The main objective of a lawsuit is to recover damages, which may include:
- Medical expenses
- Lost wages
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life or companionship
- Punitive damages, in some cases
It’s important to note that the process of filing a lawsuit for a Santa Barbara pedestrian accident may vary based on the unique circumstances of your case. However, our team can provide you with guidance and support to better understand the viability of your case.
Maison Law Can Help You After a Santa Barbara Pedestrian Accident
If you or a loved one has been involved in a pedestrian accident in Santa Barbara, it is crucial to seek legal assistance as soon as possible. The aftermath of an accident can be overwhelming, and you need a team of experienced pedestrian accident lawyers who will protect your rights and fight for the compensation you deserve.
At Maison Law, we have a proven track record of successfully representing clients in pedestrian accident cases. We will diligently investigate your accident, gather evidence, and build a strong case on your behalf.
Contact us today to set up your free consultation and take the first step toward obtaining the justice and compensation you deserve.
