A California pedestrian accident during a parade may be unavoidable, especially since such occasions involve substantial crowd size, restricted movement, or the presence of sizable props and vehicles. Depending on the situation, the driver, the parade organizer, or the pedestrian can be liable for the pedestrian collision.
Read on to learn more about pedestrian accidents at a parade and what to do when involved in one.
Is It Legal To Drive in a Parade?
Although some restrictions and requirements must be met, driving in a parade is lawful in California. Certain limitations of the vehicle law that would otherwise apply on public roads are often waived for procession participants, including drivers. Nonetheless, the authorities have established particular rules and regulations to guarantee the safety of parade participants.
When driving in a parade, you must consider the following:
- Permit Requirement: Parade organizers frequently have to get a permit from the local government, and participants must abide by specific rules stated in the permit.
- Vehicle Safety: Those participating in a parade should ensure that their vehicles are safely decorated and that no props or decorations could injure the participants or the spectators.
- Traffic Control: Local law enforcement or parade organizers may offer traffic control to enable participants to travel safely and avoid causing delays to regular traffic.
- Speed Limits: Participants must usually maintain a safe and appropriate speed, even if there may be some exceptions to the standard traffic laws.
Moreover, according to California Vehicle Code 23116, drivers are prohibited from transporting any person in or on the back of a pickup truck or flatbed motor truck on a highway. Similarly, individuals are not allowed to ride in or on the back of such vehicles while driving on a highway.
However, this may not apply if the person in the back of the truck or flatbed motor truck is being transported as part of a parade supervised by a law enforcement agency and the truck’s speed during the parade does not exceed eight miles per hour.
Individuals intending to participate in a parade or procession should check and adhere to the rules or guidelines to ensure their safety.
What Are the Common Injuries from Pedestrian Accidents During the Parade?
Parades and marches are some of the most common ways to commemorate a significant event during special occasions and celebrations. However, such a joyous occasion may lead to accidents, especially if it involves a considerable population in a specific area with limited mobility and large props or vehicles.
Pedestrian accidents during parades can cause a variety of injuries, including:
- Fractures and broken bones
- Internal organ damage
- Head injuries
- Soft tissue injuries
- Cuts, abrasions, and bruises
- Special cord injuries
Remember that injuries can range in severity and that determining the extent of harm requires prompt medical assistance. You can reduce a parade’s risks by taking preventive steps such as following speed restrictions, keeping crowds under control, and adhering to safety procedures.
What To Do in a California Pedestrian Accident During a Parade
In a pedestrian accident occurring during a parade in California, you must take specific actions to safeguard your safety and legal rights. This is what you must do:
- Ensure your safety and that of all parties involved in the accident. In case of injuries, promptly call 911 to reach the California Police Department.
- Contact the nearest local hospital for immediate medical assistance.
- Exchange contact and insurance details with other individuals involved in the collision.
- Capture photos of the accident scene, including the vehicles, damages, and the surrounding area.
- Gather contact information from any witnesses present at the accident. Their statements may be crucial in determining liability and understanding the events leading to the crash.
- Complete and request a police report.
- Seek advice from a California pedestrian accident attorney to ensure you are well informed about potential legal proceedings and compensation.
Can I File a Claim for a Pedestrian Accident At a Parade in California?
While drivers of parade vehicles are exempt from certain traffic laws, they still must follow safety protocols to ensure the well-being of pedestrians, including parade participants. So, if a car hits you during a parade, you may file a personal injury claim for the pedestrian accident.
However, note that you can only do so if the driver negligently acted, resulting in the collision. Generally, you can justify negligence in a pedestrian accident through the following elements:
- The driver was responsible for ensuring everyone’s safety.
- They neglected this duty.
- The breach resulted in an accident.
- The accident caused injuries and other damages.
Depending on the circumstances, other parties can also be responsible for the crash. This is why securing sufficient evidence to determine liability is essential. In such a case, a California pedestrian accident lawyer can help you examine the situation and gather proof to build your claim.
Who Can Be Liable for the Parade Pedestrian Accident?
Several parties can be liable for a parade pedestrian accident in California, including the following:
The Driver
The driver is generally responsible if their actions directly caused the accident, resulting in your injuries. For example, you are marching in a parade in the area where parade-goers are supposed to walk. Simultaneously, a parade vehicle veered towards you, resulting in a pedestrian accident. The driver should be accountable for the accident’s damages in this case.
The Parade Organizers
Parade organizers have the duty to ensure everyone’s safety during the parade, including the participants. In most cases, they should prepare safety protocols for members involved in the parade to avoid risks to them and the attendees.
Hence, if the organizers’ actions contributed to the pedestrian accident, they should also be liable for the damages of the crash.
Let’s say before the parade, they asked for volunteers to drive the parade vehicle. Unfortunately, they did not check the driver’s driving history. During the parade, the driver hit a pedestrian since they were talking on the phone while driving. In this case, the parade organizers can also be blamedfor the collision.
You Are Partially Liable for the Pedestrian Accident
Sometimes, pedestrians can contribute to the crash. If they are partially liable for the California pedestrian accident under pure comparative negligence, they still have the right to compensation. However, in such instances, the court will reduce their settlement depending on how much they contributed to the collision.
For instance, you were marching on the parade when your phone suddenly flipped off on the roadway. You thought you had ample time to get your phone since the parade vehicle was still from afar. Simultaneously, the driver was distracted by a call and did not see you, leading to a crash. In this case, you and the driver are responsible for the accident.
Aside from the parties mentioned above, other entities can also be held liable depending on the circumstances of the pedestrian crash. A California pedestrian accident lawyer can help you identify the culprit by assessing the details of the collision and gathering the necessary evidence.
Lawyer’s Tip: If multiple parties are liable for your pedestrian accident, you can file personal injury claims against each to maximize your compensation. However, you must have sufficient proof to justify liability.
What Damages Can I Seek Compensation For?
Similar to any other accident, you can initiate a personal injury claim for various damages relevant to your situation. Typically, you may seek compensation for the following damages in a California pedestrian accident:
Economic damages encompass tangible financial losses, such as:
- Health bills
- The victim’s medical expenses leading up to their death
- Loss of income
- Lost wages
- The decedent’s funeral and burial costs, among others.
Meanwhile, non-economic damages pertain to the emotional or psychological impacts of the pedestrian accident. Examples of these include:
- Pain and suffering
- Emotional distress
- Post-Traumatic Stress Disorder
- Loss of companionship
- Loss of emotional support
- Loss of protection, among others.
Lastly, punitive damages represent the financial award from the defendant, serving as a penalty for the at-fault party’s reckless actions that led to the accident.
While you can claim these damages, it is unlikely that victims know how to quantify non-monetary losses. Your California pedestrian accident attorney will meticulously assess all potential areas for coverage when calculating your compensation and negotiating the highest settlement amount.
Do I Need To Hire California Pedestrian Lawyers To Win My Case?
Navigating a pedestrian accident during a parade can be confusing and stressful. Often, victims of these accidents refrain from seeking compensation, assuming they lack the right to claim damages. That’s where the expertise of a personal injury attorney becomes crucial.
A California pedestrian accident lawyer can scrutinize the specifics of your collision and devise the most suitable legal strategies for your circumstances. They can undertake the following actions to bolster the chances of a successful claim:
- Gather evidence to fortify your case.
- Establish liability on the part of the responsible party.
- Evaluate the complete scope of the damages incurred.
- Engage in dialogue with the insurance provider.
- Commence legal proceedings if the situation demands it.
Why Choose California Pedestrian Accident Lawyers from Jacoby & Meyers
At Jacoby & Meyers, our unwavering commitment to aiding accident victims in obtaining the justice they deserve remains resolute. We are dedicated to giving back to our communities by facilitating access to essential medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure you are well informed about your legal rights and receive the justice you are entitled to. Our dedicated team of legal professionals provides outstanding service by:
- Maintaining clear and open communication throughout the entirety of your case.
- Expertly negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your worries.
- Protecting your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer a free consultation where you can receive legal advice from California pedestrian accident attorneys. To explore your legal options, don’t hesitate to contact us at 800-500-0000. If your accident occurred in Santa Cruz county, call our Santa Cruz pedestrian accident lawyers today.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
While numerous law firms may make comparable assertions, we pride ourselves on providing robust legal assistance to our clients. Therefore, we encourage our past clients to share their positive encounters with our legal services.
“I am so grateful for the attentiveness, professionalism, and care that Laura Preciado has given to our case. My family and I were in a car accident a few months ago, and we were at a loss for what we should do next. I am so happy we decided to contact Jacoby and Meyers. Laura happily answered all our questions and walked us through the process. She checked in on us weekly and was happy to get on a call if we needed anything. Thank you, Laura and team, for all you do!”
-Rosa T.
Works Cited
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 9 January 2024.
“Section 23116 – Person in or on back of truck prohibited, Cal. Veh. Code § 23116.” Casetext, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-12-public-offenses/article-1-driving-offenses/section-23116-person-in-or-on-back-of-truck-prohibited. Accessed 9 January 2024.