Being a pedestrian in an area as beautiful as Camarillo, with its typically excellent weather and numerous scenic areas, should be a wonderful experience. However, it’s important to be aware that there has been a rise in pedestrian accidents in recent years, which shows that walking in Camarillo can also come with risks.
According to data from the California Highway Patrol’s Statewide Integrated Traffic Record System (SWITRS), 12 pedestrians were killed in accidents in Ventura County in 2022. Of these 12, two occurred in Camarillo. As the data shows, just walking around Camarillo can sometimes result in accidents, and whenever there’s an accident involving a pedestrian, it often results in serious injuries or even death. Thus, it’s important to know what to do if you or a loved one find yourself involved in one of these tragic accidents in Camarillo.
Camarillo Personal Injury Lawyers Will Be There For You
At Quirk Accident and Injury Attorneys, APC, our team of Camarillo personal injury lawyers knows how devastating a pedestrian accident can be. We have a track record of success in handling pedestrian accident claims and can assist you by explaining your legal options and helping you on the path to recovery. Contact us today for a free consultation to find out more.
How Do Pedestrian Accidents Happen in Camarillo?
Pedestrian accidents in Camarillo happen for many different reasons, all of which can happen at any time when you’re walking. The problem is that you don’t have much protection against a moving car, which makes you–and other pedestrians–very vulnerable. While every pedestrian accident has its own unique set of circumstances, some of the more common ways they happen are:
- Distracted driving – A lot of pedestrian accidents happen because drivers are not paying attention. They might be using their phones, talking on the phone, or doing other things that distract them from seeing pedestrians.
- Failure to yield – Drivers who don’t let pedestrians go first at crosswalks or intersections can cause accidents.
- Speeding or aggressive driving – When drivers go faster than the speed limit in certain parts of the city, they have less time to react if there are pedestrians around, which makes accidents more likely.
- Lack of visibility – It can be difficult to see pedestrians when it’s dark outside or during bad weather. While the weather in Camarillo is typically stable, sudden storms or foggy conditions can add to the probability of an accident.
- Drunk driving – When drivers are under the influence of drugs or alcohol, their judgment is affected, and they may not react in time to avoid hitting pedestrians. This makes accidents more likely.
- Poor road design – Some roads and intersections in Simi Valley are not designed well, which can make it hard for drivers to see pedestrians or for pedestrians to cross the street safely.
It’s important to know these causes, but as a pedestrian, remember to always use designated crossing areas and stay alert, especially in busy parts of the city like Old Town or Mission Oaks. However, you have to be alert even in more rural or less populated areas of the city.
The reality is, even if you’re careful, accidents can still happen and cause serious injuries. Many times, these injuries include:
- Broken bones and fractures
- Traumatic Brain Injuries (TBIs)
- Spinal injuries
- Road rash and bruises
- Soft tissue injuries
Given the seriousness of these injuries, it is crucial for individuals involved in pedestrian accidents to receive necessary medical care. Keeping track of medical expenses is important to understand the financial impact while documenting injuries can support legal claims for compensation. Providing evidence of medical treatments and complications can help seek appropriate recovery for losses.
Liability in Camarillo Pedestrian Accidents
Determining who is at fault in a Camarillo pedestrian accident can sometimes be hard. Usually, though, the driver will be at fault because they have an overall responsibility to yield to pedestrians, especially at intersections and crosswalks–where most pedestrian accidents happen.
That said, if you want to file an injury claim, you’ll ultimately need to prove who is at fault to get compensation for the harm caused to you. Proving fault means showing that the driver acted negligently and caused the accident. These are the things you need to show:
- Duty of Care – The driver should have tried to avoid causing an accident or hurting someone.
- Breach of Duty – The driver didn’t meet this duty because they acted carelessly.
- Causation – The accident happened because the driver didn’t do their duty.
- Damages – The injuries happened because of what the driver did.
Generally speaking, providing these elements of negligence will prove that another driver is at fault. However, other parties could also be at fault depending on the circumstances of an accident. For example, if a car collides with you because a street sign wasn’t working properly or there was an area of the sidewalk that was unusable, the city itself could be partly responsible. Likewise, if the driver’s brakes malfunction, the manufacturer could be found partially responsible as well.
Can I be at fault in a pedestrian accident?
Sometimes, as a pedestrian, you could also be at fault in an accident. However, it’s not common. Some examples of when you could be at fault are:
- Crossing the street in the wrong place
- Not following the traffic lights or signs
- Running into the street suddenly
- Crossing the street while drunk or on drugs
Even if you share some of the fault for the accident, you can still ask for compensation for the harm. In California, they have a law called “comparative negligence,” which means the amount of compensation you get will be reduced by your percentage of fault. So if you are mostly at fault because of one of the things mentioned above, you won’t get as much compensation.
Damages in a Camarillo Pedestrian Accident Claim
Every pedestrian accident case is different, and the amount of compensation a victim receives depends on the specific facts and circumstances. However, it’s important to note that there are no guarantees of a positive outcome in any lawsuit. Thankfully, having an experienced personal injury lawyer can help strengthen your case for the best possible results. In a pedestrian accident, you may be able to recover the following:
- Medical expenses – This includes ambulance and emergency services, hospitalization, diagnostic tests, surgery, follow-up care, and medication.
- Future medical expenses – If you have permanent injuries requiring ongoing treatment, you can seek compensation for estimated future medical costs.
- Costs for medical devices – Wheelchairs, canes, or artificial limbs may be necessary, and their expenses can be included in your claim.
- Lost income – If you miss work due to the accident, you can seek compensation for the wages you would have earned during that time.
- Lost earning capacity – If your injuries permanently prevent you from working, you may be entitled to compensation for the income you would have earned in the future.
- Physical pain and suffering – You can seek damages for the physical pain and discomfort caused by the accident and your injuries.
- Emotional distress – The psychological impact of the accident may warrant compensation for emotional distress.
- Loss of consortium – If the accident affects your relationship with your spouse, you may be eligible for damages for the loss of companionship and support.
- Diminished quality of life – If your injuries significantly reduce your quality of life and ability to enjoy activities, you can seek compensation for these losses.
- Scarring and disfigurement – If the accident causes visible scars or disfigurement, you may be able to recover damages.
- Punitive damages – In cases where the at-fault party acted intentionally or with gross negligence, punitive damages may be awarded as a form of punishment.
It’s important to understand that not all of these damages will apply to every case. Contacting our team of experienced personal injury lawyers will allow you to understand the specifics of your situation and the potential damages you can seek.
As with any injury claim in California, there is a certain time period in which you can file a claim. This statute of limitations is currently set at two years from the date of your accident.
Most pedestrian accidents result in emotional and psychological damage that lasts well after your physical injuries heal. By working with our team, we’ll make sure you recover fair compensation for all of your damages.
Work With Experienced Camarillo Pedestrian Accident Lawyers
Being involved in a pedestrian accident can be a distressing and difficult situation. At Quirk Accident and Injury Attorneys, we have a team of capable and experienced Camarillo pedestrian accident lawyers ready to help you get the assistance and compensation you need to recover.
You can rely on us to handle all aspects of your claim, allowing you to focus on your recovery. Get in touch with us today for a free consultation and let our team help you.