If a pedestrian gets injured from an auto accident on a California highway, they might be able to receive compensation by filing a lawsuit. However, pedestrians are responsible for appropriately protecting themselves and by doing what they can to avoid becoming involved in an accident. Even so, a pedestrian injured in a highway accident may still have legal recourse depending on the circumstances.
Approximately 10 percent of all pedestrian accidents occur on the highway, and about 90 percent of highway pedestrian accidents take place at night. Factors contributing to the crash may include inattention, alcohol use or even suicidal behavior. Another reason a pedestrian may be on the highway is because they have to walk across to get on the other side. In many cases, motorists do not have time to avoid hitting the person who is attempting the crossing.
Pedestrians who are walking or standing on the shoulder of the highway also can be struck by moving vehicles. While some of these individuals are on the roadway illegally, most pedestrian highway injuries or fatalities are caused by driver error or distraction. Finally, pedestrians may be fixing mechanical problems on their own vehicles or were involved in a previous crash.
When a pedestrian is hit by a car, they may potentially suffer serious injuries that can include a traumatic brain injury, internal bleeding or broken bones. If it can be determined that the motorist caused the accident and was at fault, the injured pedestrian might be able to recover damages. An attorney may assist the victim in filing a personal injury lawsuit.