Pedestrain Accident
PEDESTRIAN ACCIDENT
Pedestrians face a heightened risk on our roads due to their lack of protection in the event of a collision. Even low-speed impacts can result in serious injury or death. When drivers fail to obey traffic signals, disregard road signs, or engage in reckless behavior, they place pedestrians in grave danger. The growing prevalence of smartphone use has only intensified this risk, with many drivers distracted by incoming messages and notifications rather than paying attention to their surroundings.
Alarmingly, many pedestrian accidents occur while individuals are lawfully crossing the street—often at intersections with a walk signal or within marked crosswalks. It only takes one negligent driver to cause a devastating crash that results in serious injury or even a wrongful death.
Pedestrian accidents often result in serious, life-altering injuries. Victims commonly suffer from traumatic brain injuries, spinal cord damage, broken bones, and severe back or neck injuries. These types of injuries frequently require extensive medical treatment, including surgery and long-term physical therapy, and can significantly impact a person’s ability to walk or return to their normal daily activities.
If you or a loved one has been injured in a pedestrian accident, you may be feeling overwhelmed, confused, and unsure of what to do next. It’s natural to have questions about what happened and to feel frustrated or even angry that your life has been turned upside down due to someone else’s careless actions.
WHO IS AT FAULT IN PEDESTRIAN ACCIDENTS
In California, drivers are generally always held liable when a pedestrian is involved in a collision with a vehicle. This is due to pedestrians having the right of way in most situations, with drivers being legally obligated to yield to them.
However, exceptions to this rule do exist. A driver may not be held liable if a pedestrian crosses the street outside of a crosswalk or against a red light. Similarly, liability may not fall on the driver if a pedestrian, while intoxicated, enters traffic.
PEDETRIAN RIGHT OF WAY
Under California Vehicle Code § 29150, drivers are required to yield the right-of-way to pedestrians crossing the roadway within any marked or unmarked crosswalk at an intersection. However, this does not mean pedestrians have the right of way in all situations. Pedestrians are prohibited from entering the street where no crosswalk exists and must yield to vehicle traffic in areas without a marked intersection crosswalk. Nevertheless, even in unmarked intersections, the area is still considered a presumed crosswalk, and drivers are expected to yield to pedestrians wishing to cross.
DRIVER’S DUTY OF CARE TO PEDESTRIAN
Drivers have a legal obligation to operate their vehicles with reasonable care, particularly when pedestrians are nearby. A failure to uphold this duty may constitute negligence and can result in legal liability. Common examples of driver negligence involving pedestrians include:
- Neglecting to signal while turning or changing lanes
- Failing to yield the right of way to pedestrian
- Disobeying traffic signs and signals
- Disregarding weather conditions
- Ignoring traffic patterns
- Driving under the influence of drugs or alcohol
- Speeding
- Preoccupation
- Inattentiveness
HOW OUR FIRM FIGHTS FOR YOU
Goodman Sullivan Law Group, Inc is one of California’s most aggressive and high-powered slip and fall attorneys. Their reputation is built on a relentless, trial-ready approach: They prepares every case as if it will go to court, which puts pressure on insurance companies/owners to offer higher settlements rather than risk a jury verdict. Clients and peers describe Goodman Sullivan Law Groups, Inc’s as tenacious litigators who refuse to let insurance companies control the process, assembling a dedicated team to thoroughly investigate cases, gather evidence, and consult top experts. They are aggressive and refuse to accept inadequate settlement offers.
Goodman Sullivan Law Group, Inc’s assertive and no-nonsense approach has earned them a reputation as a dedicated advocate for injury victims, committed to securing justice against powerful property owners and insurance companies.
