During the course of a day, just about everyone is a pedestrian. Walking is healthy, and it doesn’t impact the environment either. It’s safe too, unless you’re on a roadway. That’s when pedestrians are vulnerable to motor vehicles, especially in crosswalks. If you were at a marked or unmarked crosswalk anywhere in California, and you were struck by a motor vehicle, you’ll want to consult with and retain our California pedestrian accident lawyer here at Maison Law as soon as you can. He can be pivotal in helping you recover the financial compensation that you deserve for your injuries and damages.
Who Has the Right of Way in Crosswalks?
Pursuant to CVC 275, a crosswalk can either be marked with lines or unmarked at an intersection. The statute governing the right of way in California crosswalks is found at CVC 21950(a). It requires drivers to yield the right-of-way “to a pedestrian crossing the roadway within any marked crosswalk, or within any unmarked crosswalk at an intersection . . .” Drivers must slow down or even stop to ensure the safety of a pedestrian who is crossing a street in a crosswalk.
Pedestrians must use due care and caution for their own personal safety though. Pursuant to section (b) of CVC 21950, pedestrians cannot leave a curb or place of safety suddenly, walk or run into the path of an oncoming car or unreasonably delay traffic when crossing a marked or unmarked crosswalk. CVC 21955 makes it illegal for a pedestrian to jaywalk and cross a roadway anywhere other than at a marked or unmarked crosswalk.
Common Causes of California Pedestrian Crosswalk Accidents
Any number of careless and negligent acts or failures to act can figure into the pedestrian crosswalk accident equation. Here are a few of them:
- Distracted driving like using a cell phone, texting, inputting information into an infotainment center, talking to passengers or attending to children in the back seat.
- Speeding or driving too fast for traffic or weather conditions.
- Failing to yield the lawful right-of-way to a pedestrian.
- Driving under the influence of alcohol, drugs or a combination of the two.
- Failure to keep a proper lookout when turning left or right.
Common Injuries in California Pedestrian Accidents
Given the fact that pedestrians have little or no protection from an impact by a motor vehicle, injuries can be severe, even at relatively low speeds. Here are some examples of pedestrian injuries when hit by even a small car in a crosswalk:
- Skull fractures and traumatic brain injuries.
- Neck fractures and traumatic spinal cord injuries.
- Leg, hip fractures.
- Internal organ damage
- Cartilage tears to shoulders and knees.
- Contusions and abrasions from road rash.
- Wrongful death.
Don’t Give a Statement to the Opposing Insurer
The nature and extent of injuries suffered in pedestrian accidents are typically serious. That translates into significant financial exposure for the insurer of the party who hit you. It will want to attribute some or all of the fault for a pedestrian accident over onto you, regardless of the fact that you were lawfully in a crosswalk.
One common strategy for doing that is by obtaining a written or recorded statement from you, and then, using your own words against you in the future. Preserve and protect your rights, and don’t consent to any type of statement before speaking with our California pedestrian accident lawyer here at Maison Law. If the person who hit you was uninsured or a hit-and-run driver, you may still have valuable rights under your own insurance policy or that of a family member.
After being struck by a motor vehicle while a pedestrian is in a crosswalk anywhere in California, consult with and retain our California pedestrian accident lawyer at Maison Law as soon as you possibly can. We’ll put your best interests first and pursue the maximum settlement or award that you deserve.
Contact a California Crosswalk Accident Lawyer Today
Pedestrian victims may be told they can’t expect compensation for their injuries because their accident happened outside of a crosswalk. This is untrue. Drivers owe people on foot a “duty of care” no matter where they encounter them. Your injuries are likely worth more than insurance companies will let on. Don’t leave compensation on the table that you may definitely need to help rebuild your life.
If you are the victim of a scary mistake by a careless driver, discuss your options with attorney Martin Gasparian. It’s a free and confidential consultation. It might open your eyes to what it will actually take for you to recover from your injury and get back on your feet financially. Mr. Gasparian believes that every client should work directly with their lawyer. That way, they can get honest advice, and the personalized attention to detail their case deserves.
