In California, you will come across hundreds of school buildings in various cities. In these areas, it is especially important to pay close attention to the roads around you, as you will typically find children, parents, and employees walking in the vicinity of a school. Though we like to think that drivers will always obey the rules of the road in school zones and adhere to caution when a crossing guard is nearby, this does not always happen and accidents still occur.
At Maison Law, we represent pedestrians who are involved in crossing guard and other serious types of accidents involving motor vehicles. It is crucial that you understand your rights moving forward and the many laws that are at play in your claim. Contact a California accident lawyer immediately who has handled claims like yours in the past and is prepared to fight to protect your rights.
Understanding California Vehicle Code 2815
Under Section 42001.1 of the California Vehicle Code 2815, it has been established that an individual is guilty of an infraction and subject to certain penalties if they disregard a non-student school crossing guard. When a guard is wearing official crossing guard insignia and in the course of employment protecting students and other individuals on a school property, the California Highway Patrol states that you could be charged for disobeying the guard or causing an accident involving these parties.
When an individual disobeys a crossing guard in a school zone, they could receive financial penalties and a point on their driver’s license. However, what happens if an accident involving a school crossing guard occurs at a California school? What options does a crossing guard have for recovery?
Causes of Accidents Involving School Crossing Guards
Crossing guards are specifically trained for their positions and work in zones where children are bound to be crossing streets every few minutes. Due to lower speed limits put in place less than 1,000 feet from most schools, many drivers are aware of slowing down and paying proper attention in these areas. However, pedestrian accidents involving crossing guards still happen weekly due to a wide array of reasons, which include the following:
- Speeding: Many accidents involving school crossing guards involve speeding drivers who did not take precautions to slow down in a school zone. School zones in California tend to be around 25 mph or even lower at the beginning of the school day and after. Speeding can quickly turn into a dangerous situation, especially when a driver is unable to stop in time and strikes a crossing guard with force.
- Driver Distractions: Driving while distracted happens in many areas and leads to accidents but is most dangerous in a school zone around crossing guards. A driver who is texting or looking down at the radio may not see a crossing guard who is signaling for them to stop until it is too late.
- Frequent Stopping: You may be advised to come to frequent stops in a school zone, especially when a crossing guard is allowing children to cross the street. A sudden stop can lead to a rear-end accident, causing serious results.
Damages Available in a California Crossing Guard Accident
In many cases, a driver will be liable for a pedestrian accident taking place in a school zone and involving a crossing guard. However, other parties could be liable as well, such as a municipality or a school depending on the circumstances of the accident. No matter what, you could be eligible for a variety of damages if you are a crossing guard who has been hurt in an accident. These include some of the following:
- Medical expenses that the victim has occurred
- Future medical expenses for injuries
- Lost wages and future lost income for missed time at work
- Pain and suffering
Economic and non-economic damages can make a victim feel whole again on a financial level as they work on their physical recovery. If you have been hurt in a California crossing guard accident, it is important to know your legal options.
Contact a Pedestrian Accident Lawyer in California Today
Facing the aftermath of a crossing guard accident can be a devastating ordeal, especially if you have sustained serious injuries. It can be difficult to prove liability and the insurance company might not be taking your claim seriously, leaving you with bills you cannot afford to pay. Luckily, there are many options available for you and California law is on your side.
Our attorneys at Maison Law have compassionately assisted those injured in severe pedestrian accidents throughout California over the years. Speaking with a California pedestrian accident lawyer can help you get back on your feet and move forward with a successful personal injury claim. Contact us for your free case consultation so that you can get started.
