Articles Posted in Pedestrian Accident

Pedestrian accidents are all too common, a reality brought to the attention of our community and our San Francisco personal injury law firm by a recent tragedy in San Mateo. According to the San Francisco Chronicle, a hit-and-run claimed the life of sixty-seven year old Reynaldo Aguinga over the weekend. Police believe that Josue Lopez, a twenty-six year old from San Mateo, lost control of his 1994 Camaro while exiting a parking lot in the 1700 block of South Delaware Street. The car hit a concrete garbage can, knocking it into Aguinga and slamming the pedestrian against a tree. Witnesses report the driver got out of the car to check on the victim before speeding off, leaving him pinned between the tree and the concrete can. Police later apprehended Lopez due to a partial license plate and other details observed by those at the scene. Officials do not believe alcohol or drugs were a factor. Aguinga died at a nearby hospital. Reports suggest a five year-old child was in the back seat of the car at the time of the incident. Lopez is charged with vehicular manslaughter, felony hit and run, and child endangerment.

Benefits & Risks: Pedestrian Safety Statistics

Our Northern California pedestrian accident law firm believes in keeping the roads safe for all those who walk, whether it is a mode of transportation or a form of exercise. Walkinginfo.org, a resource funded through the Department of Transportation, notes that there are numerous benefits to travelling by foot. Walking protects the health of individuals and the well-being of our environment, reduces traffic congestion, and has economic benefits for both the walker and the community as a whole.

Our Oakland pedestrian accident law firm believes in keeping the road safe for all travelers. Walking is a wonderful form of both exercise and transportation. It benefits both the individual and the community, protecting the health of the walker and the environment as well as saving money for the pedestrian as well as the tax-paying public. However, walking more often makes headlines for tragedies rather than the many positives associated with travelling by foot.

According to the Oakland Tribune, an eighty-one year old woman lost her life while walking near the Regional Medical Center of San Jose on Wednesday. The San Jose resident was crossing North Jackson Avenue in the early morning hours when struck by a vehicle travelling south near Alexian Avenue. Reports did not immediately identify the driver of the 1993 Toyota Tercel, a fifty year old man who also calls San Jose home. Police do not believe alcohol or drugs were a factor in the accident. Investigators from the San Jose Police Department’s Traffic Investigations Unit are asking for calls from witnesses and also invite anonymous calls to the Silicon Valley Crime Stoppers Unit.

Right-of-way rules, including those governing intersections, seek to promote traffic safety. This is especially important for the well-being of pedestrian, bicycle riders, and motorcyclists. Per the California Department of Motor Vehicles, failure to obey right-of-way rules causes a high percentage of injury crashes in California. Drivers must respect pedestrian rights, including stopping for a pedestrian in any crosswalk. Motorists must also stop for pedestrians crossing at a corner where there is no traffic signal, even if there is not a marked crosswalk. Additionally, the law requires drivers to yield to pedestrians when the driver crosses a sidewalk to enter a parking lot, alley, or driveway. Older or disabled pedestrians, as well as those travelling with young children, often need extra time to navigate a crossing. One new issue of modern transport – hybrid and electric vehicles are often silent, or at least quieter than gas engines, and drivers of these vehicles should take extra caution.

Two pedestrians died on Sunday, March 25 after crossing the street mid-block. SFGate reports that Thomas Ferguson (45) was crossing Lombard Street between Van Ness and Franklin when a car struck him. Ferguson died on the scene. Earlier that day, a man was hit by a Muni bus when he emerged between two parked cars to cross Fillmore Street. KTVU.com reports that he was rushed to the hospital, but declared dead shortly thereafter.

According to a study by UCSF, Profile of Injury in San Francisco (2004), more pedestrians died in San Francisco over the last ten years than motor vehicle occupants, while the state average varies from 17.2%-20.2% per year. Moreover, the national average for pedestrian fatalities among all crash fatalities is much lower at around 12%. Part of the higher rate is due to the urban nature of many California cities, including San Francisco. For example, the most pedestrian fatalities and injuries alike were concentrated in downtown San Francisco and other high traffic areas, as shown in the study named Cost of Auto versus Pedestrian Injuries in San Francisco, 2004-2008.

The logical conclusion is that areas with more pedestrian deaths require more measures to protect pedestrians and encourage safer behavior by both pedestrians and drivers. In 2002, San Francisco was one of three cities, along with Las Vegas and Miami, to be chosen for a PedSafe Study because of the high rate of pedestrian fatalities. The study tested various traffic signs and street markings to identify the most effective methods to promote pedestrian safety.

The most effective measures included flashing beacons at crosswalks without traffic signals, signs that reminded drivers to watch out for pedestrians, and head start crossing for pedestrians at intersections where cars make relatively more unprotected left turns.

An article by Wray Herbert on the Association for Psychological Science website, cites a University of London study that found the reason children under 15 years old are more likely to be injured by cars, is not limited to lack of attention to potential dangers. In fact, children are less likely to see oncoming vehicles at all because they are physically smaller. In addition, their brains have a harder time than adults judging the rate at which cars driving at different speeds will approach them.

These two studies help root out the causes of pedestrian injuries and deaths at all ages. One reason appears to be the visibility of both cars and pedestrians. Flashing beacons, head start intersections, and raised curbs help improve the visibility of pedestrians to vehicles, and also help pedestrians assess possible dangers when traversing the street. The above accidents also demonstrate that crossing in designated intersections is important, because pedestrians are more visible to vehicles at crosswalks.

Another reason highlighted by both the March 25 crashes and the studies is the issue of right of way. Although Californian pedestrians always have the right of way by law, traffic measures are implemented to make driving, walking, and biking safer and require that pedestrians sometimes temporarily give up the right of way for their own safety. Pedestrians often cross against lights and without the protection of crosswalks because they are sure they can make it across in time. As the tragic accidents at Lombard Street and Fillmore Street show, this is a dangerous state of mind. However, pedestrians are also struck when they obey all traffic laws. For instance, cars make premature left and right turns through intersections where they are supposed to yield to pedestrians, because, similar to the previous example, drivers think they can “make it” before the pedestrian reaches the end of the intersection. Thus, the PedSafe Study found that signs, markers, and head start intersections successfully reminded many drivers to yield to pedestrians.
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