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Pedestrian Accident Lawyer Los Angeles
In California, securing compensation after a pedestrian accident can be challenging and may require negotiations with insurance companies and lawsuits against negligent motor vehicle drivers.
At Fair Cases Law Group, our attorneys have the resources needed to analyze this often-complicated process. We are dedicated to assisting pedestrians to recover compensation for medical charges, physical pain, and other damages from the car accident.
If you were involved in a pedestrian accident, you might have legal recourse. To learn more about how Fair Cases Law Group may help, please fill out our case evaluation form today. One of our pedestrian accident attorneys will evaluate your case for free with no commitment to hire us.
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What are the California crosswalk laws?
Many important laws apply to pedestrians, including:
- California Vehicle Code (VC) 467, which outlines what it means to be a pedestrian,
- VC 275, which defines a crosswalk,
- VC 21966, which tells pedestrians where they can walk,
- VC 21950, which covers pedestrians crossing the road at a crosswalk,
- VC 21955, which requires pedestrians to use crosswalks at intersections,
- VC 21954, which tells pedestrians who want to cross the street outside of a crosswalk to yield the right-of-way to vehicles,
- VC 21970, which forbids drivers from stopping in a crosswalk and blocking it,
- VC 21456, which tells when pedestrians can cross the street using a crossing light,
- VC 21952, which covers situations where a driver is pulling into a driveway and would have to cross a sidewalk to get there, and
- VC 21963 through §21965, which focuses on special circumstances to take when there is a blind pedestrian
Note, some California cities and municipalities have enacted their own rules.
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Our pedestrian accident lawyers have a proven track record of success in helping getting maximum compensation. We know the law and have a dedicated team waiting to get you the compensation you deserve.
Specific Pedestrian Accident Laws: California
In California, pedestrians are entitled to the right-of-way at most intersections. For this reason, drivers are required to yield to let pedestrians cross the street securely. Be aware, under state law (California Vehicle Code § 21950); pedestrians have the right-of-way at intersections regardless of whether there is a marked crosswalk. To keep pedestrians safe, drivers should be more cautious and yield to pedestrians.
Even though pedestrians have the right of way at most intersections, California motorists must exercise due care and look out for pedestrians’ safety. Drivers should constantly have their full concentration on the road at all times. Distracted driving is one of the top reasons for pedestrian accidents. In cities with a large amount of foot traffic, careful driving is essential.
California does not put complete responsibility for pedestrian safety on drivers. In contrast, pedestrians also have a responsibility to use proper care. The California vehicle code specifically states that a pedestrian is not discharged of “the duty of using due care for his or her safety.” For instance, if a pedestrian quickly walks away from the curb at an intersection that constitutes an immediate hazard, that pedestrian may be liable for any resulting crash.
How Pedestrian Accidents Happen
- The driver was looking away or was occupied by a cellphone
- A crosswalk design defect, including poorly analyzed upstream and downstream traffic
- Automobiles and motorcycles failing to yield for pedestrians at crosswalks
- Turning at intersections without looking in all directions
- Failure to observe posted speed limits
- Operating a motor vehicle while under the influence of a substance
Urban districts have a higher amount of pedestrian accidents than rural cities, but many serious accidents can happen on country roads. Bending roads with poor visibility and high speeds create a dangerous environment for a serious crash.
Pedestrian Accidents Can Cause Serious Injuries
- Deep cuts and bruises, including damage to primary organs
- Head injuries, including concussion and major severe traumatic brain injury or coma
- Dental or facial fractures, which may include eye injuries and loss of sight
- Spinal cord injury, including paralysis or other loss of ability to engage in daily activities
- Orthopedic injuries, including broken bones or injury to other parts of the body
Pedestrian Accidents FAQ
According to the recent statistics from the National Highway Traffic Safety Administration (NHTSA), pedestrian accident deaths are rising. The NHTSA reports that over 6,000 pedestrians were killed in traffic accidents last year.
Pedestrian security is a shared obligation between pedestrians and drivers.
The NHTSA recommends that pedestrians utilize these safety initiatives
- Be a predictable pedestrian by obeying the rules of the road and following traffic signs and signals
- Use sidewalks whenever available
- If there is no sidewalk available, walk in the direction of oncoming traffic and keep as much distance as practicable
- Be alert always. Try not to use electronic devices that take your eyes (and ears) off the street while you are walking
- Cross streets at crosswalks or intersections. Drivers expect pedestrians to cross the street at an intersection. Look for automobiles in every direction. Be especially careful of turning cars
- If there is no crosswalk available, cross in a lighted area where you can see oncoming traffic. Wait for a break in traffic that allows enough time to cross carefully and continue to observe traffic as you walk
- Never think that a driver notices you. Make eye contact with surrounding motorists and make sure they recognize you are crossing the street
- Make yourself as noticeable as can be by wearing bright apparel during the day and reflective materials or a flashlight at night
- Pay particular attention watching for vehicles pulling in or out of a street, backing up, parking, or traveling parking lots
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Compensation in Pedestrian Accident Cases
- Medical Expenses: This can cover both present and future costs reasonably associated with the accident injury. Hospital bills, ambulance charges, recovery, treatment, surgery, and other related expenses may be included.
- Past and Future Lost Wages: If the injury causes the pedestrian to miss work, they may be able to obtain compensation for the money they would have received had the accident not happened.
- Pain and Suffering: This includes the money to compensate the injured individual for the physical pain sustained due to the accident.
- Mental Anguish: Accidents causing severe injuries can involve severe emotional and psychological pain in individuals, including stress, depression, anxiety, and distress.
- Loss of Consortium: This consists of the payment to compensate for the damage of the injured individual’s ability to engage in orderly marital relationships due to physical or mental distress.
- Funeral Expenses: If a pedestrian does not survive an accident, remaining family members may seek payment to cover funeral expenses.
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