As the, "snowbirds", return to Palm Springs and the rest of the Coachella Valley we often see an increase in the number of pedestrian accidents. The increase is usually due to more cars on the road and more pedestrians crossing roads and highways. Visitors to Palm Desert for shopping and Indio for the Date Festival and other events are not familiar with the roads and lighting conditions. Much of Highway 111 is dark with speed limits higher than visitors are used to seeing on city streets. Unfortunately, some of these pedestrian accident victims attempt to cross Highway 111 in poorly lit areas in Palm Desert and other desert cities with fatal results. Most pedestrian accident victims suffer serious injury or death. The cars always win that fight. As a Palm Springs and Palm Desert pedestrian accident lawyer, I have found that over 90% of the traffic accident reports that describe these types of accidents find that the pedestrian was at fault. When I am retained by a family member of a pedestrian who was killed or by the accident victim who was seriously injured I don't just reject the case because the police investigation report found the pedestrian to be the sole cause of the accident. I personally visit the accident scene at the approximate time of day or night it occurred and study the surrounding area. I look for vision obstructions that may have caused the driver and or the pedestrian not to be able to have seen each other before it was too late. It is true that pedestrians who walk or run out in front of a moving car outside of a crosswalk and against a red light are negligent. However, I look closely at the actions of the driver immediately before the car struck the pedestrian. If a car is being driven East on Highway 111 in the curb lane at the speed limit and a pedestrian is walking South outside of a crosswalk, having crossed two Westbound lanes and one Eastbound lane before arriving in the Eastbound curb lane when he is struck by the car being driven East, an experienced Palm Springs Personal Injury Lawyer such as myself will suspect that the driver should have been able to stop the car before the impact with the pedestrian. The driver of a car is supposed to be attentive to the conditions of the roadway, including other cars and pedestrians. This Eastbound driver should have seen the pedestrian moving from the driver's left side to the right. The car's headlights should have illuminated the pedestrian far enough back to allow the driver to have stopped before impact. Perhaps the driver wasn't paying attention because of talking on the cell phone or texting. Maybe the driver was talking to a passenger and not looking ahead. Therefore I would suggest that any family member who has lost a loved one due to a pedestrian accident should contact an experienced Palm Springs Pedestrian Accident Lawyer such as a lawyer at this firm to explore the possibility of filing a Wrongful Death case. If you are the injured pedestrian you should not give up your legal rights just because the police report says you were the sole cause of the accident. Call me for a free consultation and let me investigate your case.
