Ontario, California has many popular pedestrian destinations, from the Town Square to the pedestrian promenade and downtown areas.
Unfortunately, pedestrians in this city are not always safe. They cannot depend on motor vehicle drivers to obey traffic laws or respect their rights-of-way. This can lead to serious vehicle-pedestrian collisions.
If you or someone you love has been hurt in a pedestrian accident in Ontario, the attorneys at Jacoby & Meyers are here to help. We are known for pursuing fair and just recoveries on behalf of our clients to compensate them for losses. Find out how we can help you during a free case consultation in Ontario.
Pedestrian Accidents in Ontario: Understanding the Risks
Pedestrians are Ontario’s most vulnerable road users. In 2022, 49 pedestrians in the city of Ontario were injured and killed in accidents. In San Bernardino County as a whole, this number increased to 677 injured and killed pedestrians. Some of the most common areas for pedestrian accidents are intersections.
The intersection of Euclid Avenue and D Street is the most dangerous for crashes in general, while Fourth Street and Vineyard Avenue and freeway on-ramps also have a history of pedestrian collisions. Vehicles are most likely to strike pedestrians in low light conditions between dusk and dawn.
The most common causes of pedestrian accidents involve driver error and negligence, or the failure of a motor vehicle driver to act with proper care. Examples include speeding, distracted driving, drunk driving, failing to yield the right-of-way to pedestrians, and running red lights and stop signs.
California Laws Protecting Pedestrians
Drivers and pedestrians are required to obey relevant traffic laws when navigating the streets of Ontario. This includes California’s pedestrian right-of-way laws. Pedestrians have the right-of-way in marked and unmarked crosswalks at intersections. This means drivers must slow to a stop and yield to pedestrians who are crossing the street.
Pedestrians also have a responsibility to obey traffic control signals. They may only cross the road at controlled intersections when shown the Walk sign. Pedestrians are required to use sidewalks where available in Ontario. As of January 1, 2023, California decriminalized jaywalking as long as there is no immediate danger of a collision.
Types of Pedestrian Accidents in Ontario
Pedestrian accidents in Ontario can take many forms. Some of the most common are crosswalk and intersection accidents, as well as collisions in high-risk locations, such as parking lots and school zones. It is also common for drivers to strike pedestrians who are walking on the side or shoulder of the road.
Common Injuries in Pedestrian Accidents
The reason pedestrians are referred to as “vulnerable road users” is because they are subject to severe, catastrophic and fatal injuries when struck by motor vehicles.
Injuries suffered by pedestrians often include:
- Traumatic brain injuries
- Head and facial injuries
- Spinal cord damage
- Fractures and orthopedic injuries
- Soft-tissue injuries
- Internal organ damage
- Psychological trauma
- Fatal injuries
It is crucial for any pedestrian involved in an accident in Ontario to receive medical care right away, even if they do not initially present symptoms.
Determining Liability in Ontario Pedestrian Accidents
In Ontario, a pedestrian who gets hit by a car may have the ability to recover financial compensation from the motor vehicle driver or a third party. California is a fault state, meaning the party at fault for causing a collision is held liable for the victim’s damages (financially responsible).
If the pedestrian can prove driver negligence in connection to the accident, the driver’s auto insurance policy will pay for the victim’s medical bills and losses. Another possibility is holding the Ontario municipal government liable for an unsafe or poorly designed road or intersection. It may be possible to hold more than one party liable, depending on the circumstances.
It is common for insurance providers to attempt to blame pedestrians for their accidents and injuries as a way to save money on payouts. You may have to combat the comparative negligence defense during your claim, which argues that you deserve less compensation because you contributed to the collision. An attorney from Jacoby & Meyers can help you overcome victim-blaming tactics to maximize your financial recovery.
Compensation Available for Pedestrian Accident Victims
Successfully holding someone liable for your pedestrian accident in Ontario could lead to a financial settlement or judgment award that helps you move forward.
You may receive compensation for the following:
- Medical expenses (emergency and long-term)
- Lost wages and earning capacity
- Pain and suffering damages
- Emotional and psychological trauma
- Rehabilitation and therapy costs
- Wrongful death benefits for families
Discuss your specific claim with our attorneys to understand how much compensation you may be able to recover.
Why You Need a Specialized Ontario Pedestrian Accident Attorney
Choosing the right attorney to represent your Ontario pedestrian accident case can give you an edge during insurance settlement negotiations. Look for a lawyer with years of experience handling pedestrian accident cases. This will ensure your lawyer has a thorough understanding of insurance company tactics, local traffic patterns and catastrophic injury claims. The lawyer you select should also have connections to experts, resources for comprehensive accident investigation and a track record of success with pedestrian cases.
The Legal Process for Pedestrian Accident Claims
Recovering from a pedestrian accident in Ontario starts with an investigation of the crash. In the immediate aftermath of your accident, report it to the police and get medical care for your injuries. Do your best to preserve evidence, such as photographs of the crash scene and eyewitness statements.
Contact your own insurance company to notify them of the accident. Then, file a claim with the driver’s car insurance provider. You will have to deal with insurance claims adjusters, who are hired to save the insurance company as much money as possible. The best way to negotiate a fair settlement – or litigate your case in court, if necessary – is by hiring an attorney to represent you.
Pedestrian Safety Resources in Ontario
The City of Ontario is attempting to improve pedestrian safety with various road engineering projects, including crosswalk improvement initiatives and sidewalk rehabilitation programs. The California Department of Public Health also has a California Pedestrian Safety (PedSafe) Program in place to foster more walkable communities and inform the public on how to respond to pedestrian collisions and report unsafe conditions.
Injured in a Pedestrian Accident in Ontario? Contact Jacoby & Meyers
If you were recently struck by a motor vehicle while walking or jogging in Ontario, California, contact the lawyers at Jacoby & Meyers to discuss how we can help you seek justice. We are highly trained and experienced in the field of pedestrian accident law in California. We believe everyone deserves justice and are prepared to fight for you.
Contact our local law office in Ontario directly by calling (909) 316-5154 anytime, day or night. We are located at 3200 E Guasti Rd #100, Ontario, CA 91761.