Maison Law can help you when you’ve been injured as a pedestrian in California. Of all the different laws in place to keep you safe as a pedestrian, ones that actually tell drivers what they can or can’t do are usually the most straightforward. That’s where CVC § 21663 helps, because it makes it clear that sidewalks aren’t to be used by drivers. But you still have to keep your options open when you’re hurt, and that’s when our team can step in. Set up a free consultation today.
How CVC § 21663 Handles Driving on Sidewalks
It seems obvious, but in California, drivers are required to stay on the road. Specifically, CVC § 21663 says that:
- Drivers aren’t permitted to drive or otherwise move their vehicle onto a sidewalk (unless they’re entering or leaving an adjacent property.)
So as you might expect, staying on the sidewalk as a pedestrian keeps you safe. But that last bit is important, because it highlights certain scenarios where a driver might have to use part of the sidewalk to enter a parking lot or leave their own driveway. And that, unfortunately, is where things can go wrong. When drivers have to use a sidewalk, it puts pedestrians and others at risk of an accident.
How Responsibility Works When a Driver Hits a Pedestrian on a Sidewalk
You might assume that a driver is automatically at fault because you were walking on a sidewalk. And usually, you’re right. CVC § 21663 is pretty clear that drivers can only use a sidewalk under specific circumstances.
But legally speaking, figuring out who’s responsible for your accident generally comes down to negligence and what each person did before the collision. So while it’s not automatic, a driver is likely going to be at-fault if they hit you while they were:
- Driving along the sidewalk instead of using it only as necessary to access adjacent property.
- Backing out of a driveway without checking.
- Pulling across a sidewalk without looking for people walking there.
- Distracted or not paying attention to their surroundings.
- Driving too quickly to stop when you were in their path.
In legal terms, these things amount to negligence. And while that’s the legal standard for paying for your losses in a claim, the specifics of what happened matter, too. That’s why it’s important to look at the whole picture. Once you do that, though, our team will be there to help you get the financial support you need to get better.
How to Get Financial Help After a Sidewalk Accident
Fault and negligence are the big legal issues after a pedestrian accident, even in something as relatively straightforward as a driver hitting you while you were walking on a sidewalk. But the practical part of what happened is a bit harder to get a handle on. It takes a look at what happened, what you were doing, and what your injuries have left you dealing with.
In other words, you’re going to need financial help to deal with how your life has changed since the accident. To get it, you’ll have to either file:
- An insurance claim outside of court
- A personal injury lawsuit in court
Many claims start with the driver’s insurance company. If the insurer disputes fault or won’t agree to a fair resolution, filing a lawsuit may be the next step. The financial help that’s available in an insurance claim are going to be based on the policy, while a lawsuit usually lets you go after fuller “damages” relating to your:
- Medical bills and future treatment
- Lost wages and reduced ability to earn a living
- Repair or replacement costs for damaged belongings, like your phone or glasses
- Physical pain and emotional distress
- Changes to your everyday life because of your injuries
- Family’s losses if the accident was fatal, which may be addressed through a wrongful death claim
Your damages are going to be based on your specific situation, but the underlying idea is the same: if a driver hit you while you were walking on a sidewalk, you shouldn’t have to figure everything out on your own while you’re trying to recover. Our team can help with the claims process while you focus on getting better.
Get Legal Help From Maison Law After a Sidewalk Accident in California
The unfortunate part about being a pedestrian is that you can still be injured when a driver doesn’t do what they’re supposed to do. That’s all the more frustrating when they aren’t following the law, which are in place literally for your safety.
At the same time, when an accident does happen, it becomes about what you’re left facing. And when you need to go through the claims process to get help, that’s when it really makes sense to talk with our California pedestrian accident lawyers at Maison Law. When we sit down with you, we’ll be able to:
- Explain your options and what to expect from the claims process.
- Look at your medical expenses, lost income, and other ways the accident has affected your life.
- Review any information and evidence you have, like pictures, videos, medical records, and anything else that supports your version of events.
If you’re dealing with this situation, you already have enough on your plate. Our team can help handle the claims process so you can focus on recovering and getting back to your normal routine. Set up a free consultation today.
