Automobile versus Pedestrian Automobile Accident 1

Accident Overview

On October 23, 2015, at 6:10 p.m., our client was walking in a crosswalk on Tice Creek Drive at its intersection with Golden Gate Road in the city of Walnut Creek, county of Contra Costa, state of California. Our client was legally in the crosswalk when a driver hit her causing serious injuries. The accident resulted in the loss of work, serious injuries, and large medical bills leaving our client in a state of uncertainty.

About the Accident

This was a vehicle versus pedestrian accident that resulted in serious injuries for our client due to the driver’s negligence. The driver of the car that caused the accident was driving a 1995 Toyota SR-5.  

There were no adverse road conditions when the driver struck our client in the crosswalk.

After the accident, our client suffered from severe neck and back pain as well as ankle and leg injuries. Our client was taken by ambulance to John Muir Hospital in Walnut Creek, California where she underwent treatment for these injuries. The driver of the car that caused the accident was insured with AAA insurance.

Case Facts

Our client needed ongoing medical treatment after the case including physical therapy. At first, AAA insurance was not convinced of the necessity of the medical treatment.

Our client missed a significant amount of work and was charged large medical bills from this accident. Based on this information, she reached out to GJEL Accident Attorneys to see if she was entitled to compensation and to have her questions answered. She wanted to know:

  1. Who is responsible for my medical bills?
  2. How will I pay these bills and the loss of work?
  3. What if I have permanent lifelong damage to my body?

The staff at GJEL were able to quickly evaluate the case over the phone, and, at the potential client’s request, went to meet her at John Muir Hospital.

Based on the serious injuries from this accident and the mounting medical bills, our client decided to retain GJEL Accident Attorneys to help get her life back on track after this tragic accident.

The staff at GJEL started a full investigation which started with getting the police report from the Walnut Creek Police Department. The police report stated that our client was primarily at fault and that the driver only had a minor amount of fault.

Through aggressive representation and ongoing private investigation, GJEL Accident Attorneys was able to establish that the police report was incorrect and the accident was primarily the fault of the other driver.  

At first, the at-fault driver’s insurance company, AAA, based upon the police report in their favor, was offering a rather small amount. As the law firm filed the lawsuit, reinvestigated the accident, took depositions, and sent interrogatories, the insurance company changed its mind.

Attorneys Andy Gillin and Jim Larsen helped our client through this difficult time. This case took approximately eight months to resolve. In the end, our client was awarded $100,000 by AAA insurance after aggressive representation by GJEL Accident Attorneys.

Insurance Company Names:    CSAA
Police Report  Walnut Creek Police Department
Vehicle Types  1994 Toyota SR5
Accident Locations:Tice Creek Drive at Golden Gate Road, Walnut Creek. CA
Hospitals and Medical Centers Visited John Muir Medical Center: treat the open head trauma: ICU for 6 days, Manor Care Rehab in Rossmoor
Types of Injuries (Specific as possible) Open head trauma – laceration: memory issues
Left knee pain and swelling with restriction
Fractured left rib
Left elbow pain

Facts about automobile pedestrian accidents

Pedestrian accidents involving automobiles are a major public safety issue in the United States. Every year, they result in thousands of deaths and injuries. In 2019, pedestrians accounted for 17% of all traffic fatalities, and 70% of pedestrian deaths occur in urban areas. The risk of a pedestrian being killed in a car accident is highest for children under the age of 15 and adults over the age of 65.

Negligent Driving is a Major Contributor to Pedestrian Accidents

The most common cause of automobile pedestrian accidents is driver negligence. Speeding, distracted driving, and failing to yield to pedestrians are among the most frequent forms of driver negligence that lead to pedestrian accidents. Alcohol is also a factor in nearly half of all fatal pedestrian accidents. The majority of automobile pedestrian accidents occur at intersections, with drivers failing to yield the right of way to pedestrians.

Poor Visibility Can Also Contribute to Pedestrian Accidents

Poor visibility, such as darkness, rain, and fog, can also contribute to pedestrian accidents. In 2018, the highest percentage of pedestrian fatalities occurred between 6:00 pm and 9:00 pm, on Saturdays, and in October. The highest percentage of pedestrian fatalities occurred in California, with 6,283 pedestrian fatalities reported in 2018, a 3% increase from the previous year.

GJEL Accident Attorneys’ Commitment to Pedestrian Safety

As a personal injury law firm in California, GJEL Accident Attorneys is committed to pedestrian safety. We believe that every pedestrian deserves to be protected from the harm caused by negligent drivers. Our firm is dedicated to fighting for the rights of those who have been injured in pedestrian accidents and to hold those responsible for their actions.

Most common injuries in automobile pedestrian accidents

As top rated car accident lawyers at GJEL Accident Attorneys in California, we’ve seen first-hand the devastating impact that a collision between a motorist and a pedestrian can have. Pedestrians, whether walking on a sidewalk, crossing the street at a crosswalk, or riding bikes or cycling, are extremely vulnerable in the event of a crash. The consequences can be life-altering and often result in death. In fact, pedestrian deaths make up a significant portion of traffic fatalities.

The most common injuries that pedestrians sustain when struck by automobiles include head injuries, broken bones, and internal injuries. Head injuries can range from mild concussions to severe traumatic brain injuries, which can have long-lasting effects on a person’s cognitive and physical abilities. Broken bones, especially in the legs and arms, can lead to significant discomfort and long-term mobility issues. Internal injuries, such as internal bleeding and organ damage, can be life-threatening and require immediate medical attention.

Cyclists and bikers are also at risk for similar injuries. They may also sustain additional injuries, such as road rash or cuts and bruises from being thrown from their bike. In addition to these physical injuries, there can also be emotional trauma that follows a collision.

The laws surrounding pedestrian accidents can be complex and confusing, which is why it’s important to have experienced lawyers on your side who understand the legal landscape. At GJEL Accident Attorneys, we have a proven track record of successfully representing pedestrian accident victims and their families. If you or a loved one has been involved in a pedestrian accident, contact us today for a free consultation.

Author Photo

Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Andy is a highly recognized wrongful death lawyer in California.