August 18 19

Determining Fault in a Pedestrian Accident

Determining Fault in a Pedestrian Accident
Pedestrian accidents are particularly dangerous. Walkers and joggers are highly vulnerable to severe injuries or even death. An opposing insurance company will always try to push off some or all of the fault for the accident over onto the pedestrian. That’s just one of the reasons why a person who was injured in a pedestrian accident will want to retain an experienced and effective Los Angeles pedestrian accident attorney.

The issue of negligence is central to any personal injury claim that spins off of a pedestrian accident. A Los Angeles pedestrian accident lawyer from our law offices knows how to build a strong case that will help you obtain the maximum compensation for your injuries that you deserve.

The Pedestrian Right-of-Way
Crosswalks in California can be marked or unmarked. As per our pedestrian accident lawyer Los Angeles, section 21950 of the California Vehicle Code requires the driver of a motor vehicle to yield the right-of-way to a pedestrian who is crossing a roadway inside of a marked crosswalk or an unmarked crosswalk at any intersection. What comes to issue is that the statute also says that a pedestrian cannot suddenly leave a curb or other safe place and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. What might be so close as to constitute an immediate hazard is a question of fact.

Vehicular Right-of-Way
As per the California Vehicle Code section 21954(a), if a pedestrian is at a location where there is no marked or unmarked crosswalk, he or she must yield the right-of-way to all vehicles on the road that are so close as to constitute an immediate hazard. Again, the pedestrian’s proximity to any oncoming vehicles is a question of fact, but there is still a duty incumbent upon the driver to use due care and caution for any pedestrian that he or she might encounter on a roadway. If a driver has sufficient time to slow down and avoid hitting a pedestrian, he or she must do so.

Pedestrian accidents involve complicated facts and defenses. They must either be settled or tried in a court of law. If you or a member of your family suffered serious injuries in a pedestrian accident, contact us at Mann & Elias to arrange for a free consultation and case assessment. A Los Angeles personal injury attorney from our office will listen to you carefully and answer your questions and you’ll be advised of all of your legal options.