Maison Law represents victims of pedestrian accidents in Corcoran. If you or a loved one has been injured in a pedestrian accident, Maison Law can help you get your life back by pursuing maximum compensation for your medical, vocational, and emotional damages. Contact us today for a free consultation and case evaluation.
A Corcoran Pedestrian Accident Lawyer Can Help
No one ever wants to be involved in a pedestrian accident, but it is important to know what to do if you ever find yourself in one. Pedestrians hit by a car in California reserve the right to sue the driver for:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Property damage
- Lost earning capacity
- Pain and suffering
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For instance, if you’re crossing 1st Street while looking down at your phone, or doing something else besides watching the road, you can be found partially liable if you’re struck by a vehicle. For these reasons, it is important to have an experienced Personal Injury Lawyer to help you navigate these legal complexities. In this case, the stronger the evidence, the stronger your claim will be.
What to do If You’ve Been Injured in a Pedestrian Accident
Your first step after a pedestrian accident should be to seek medical care. If you’re too injured to move on your own, call 911. Even if you think you’re going to be okay, it is recommended to be seen by a doctor to make sure you’re okay. Muscle, ligament, and brain injuries can take time to get worse, so you should be evaluated by a medical professional after any type of significant accident. If you’re able to remain at the scene of the accident you should get the following information:
- The name and contact information of the driver, as well as any other people involved
- The driver’s license plate number, insurance information, and the driver’s license number
- Witness information
- Police report
It may seem like a lot to document after an accident but don’t be afraid to use your phone to take photos of everything. Some victims may think they don’t have time to write everything down, but your smartphone can take photos of important documents, as well as capture video of the incident.
Evidence for a Strong Pedestrian Accident Claim
An attorney can help you gather evidence after your pedestrian accident. However, it is important to try and collect as much evidence at the scene as you can if possible. This involves taking pictures of the scene, your injuries, and all parties involved in your accident. Strong evidence in a pedestrian accident claim includes:
- The police report, as well as any additional documentation related to the accident
- Photos and videos of the scene. This could include
- Eyewitness statements
- Dash cams
- Traffic cams
- Security cams
- Eyewitness testimony
- A medical report of your injuries from a doctor
- Income statements, which show your lost wages
- Related medical bills
Can a Pedestrian Be Liable for an Accident in Corcoran?
A pedestrian can be found at fault for an accident when they fail to comply with state-specified crosswalks or pedestrian law, which is covered in California Vehicle Code 21954. This statute states:
“Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”
However, the law goes on to state that this statute does not relieve the driver of a vehicle from the duty to exercise due care for the safety of pedestrians on the roadway. Also, CVC 21954(c) states law enforcement is not permitted to stop pedestrians from crossing unmarked crosswalks unless there is “an immediate danger of collision.”
Pedestrians can be found at fault for causing a car accident in specific situations. The situations include:
- Crossing while violating a traffic law like crossing at a red light when a “Do Not Walk” signal is flashing
- Walking onto a bridge or interstate when pedestrian traffic is prohibited
- Playing in the street while under the influence of alcohol
What are the Right-of-Way Rules for a Crosswalk in California
The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:
- All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
- A driver must stop before the line, not in the middle of the crosswalk.
- A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
- Drivers are not permitted to pass stopped vehicles while they’re allowing pedestrians to cross at a crosswalk.
However, a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.
What is Considered a Crosswalk in California?
According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute goes on to say:
“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”
FAQs
Q: Do pedestrians have the right-of-way in California?
A: No. Outside of marked and unmarked crosswalks, pedestrians DO NOT have the right of way.
Q: Who is considered a pedestrian?
A: A pedestrian is anyone on foot, riding a mobility device because they cannot walk, or riding a vehicle propelled by their own efforts, not including bicycles.
Q: What devices are not considered pedestrians?
A: Motorbikes, bicycles, electric scooters, and hoverboards
Contact a Corcoran Pedestrian Accident Lawyer
If you or a loved one has been involved in a pedestrian accident in California, the Accident Attorneys at Maison Law are standing by to help you get the compensation you need. Our knowledgeable team has years of experience protecting pedestrian accident victim’s rights to receive compensation. Take the first steps toward regaining your health and well-being after an accident by contacting Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.
