Pedestrians exposes themselves to significant risks when walking adjacent or across roadways. In the United States at-large, the Governors Highway Safety Association reported an estimated 6,000 pedestrian deaths in 2017 alone. With California ranking 15th among all states in pedestrian death rates.
If you’ve been injured as a pedestrian, California law may give you an actionable claim for damages against the driver who hit you. Drivers have a responsibility to exercise due care while on the roadway. And their failure to do so could expose them to significant liability. It is worth noting, however, that Auto v Pedestrian accident disputes are somewhat more nuanced than they initially seem. Right-of-way issues often complicate the dispute and can make or break the success of your claim. If you have questions or concerns about your specific circumstances, contact a Los Angeles pedestrian injury lawyer at Prestige Law Personal Injury & Car Accident Lawyers today.
Right-of-way issues form the foundation of a pedestrian injury dispute against the driver. In California, and elsewhere, right-of-way is dynamically granted to either the pedestrian or the driver, depending on the circumstances. Pedestrians have the right-of-way when going through crosswalks (marked and unmarked). Vehicles have the right-of-way otherwise.
Crossing a street without the right-of-way may shield the defendant from liability. As they can successfully argue that they could not have reasonably foreseen that Auto v Pedestrian would be on the roadway. And when they did notice you, there was not ample time to avoid the collision.
It’s worth noting that no matter which party has the “right-of-way,” each must exercise reasonable care when utilizing the roadway. Failing to adapt to the circumstances (in order to make oneself safe) will likely be considering negligence. How does this work in real-world terms? Consider the following.
Suppose that you begin to cross the street at an unmarked crosswalk. You look to your left and see a car speeding down the road. It appears that the driver has not seen you or is otherwise not intending to slow down. As they are getting close to the crosswalk and are maintaining their high speed. If you choose to continue walking through the crosswalk, you may be found contributorily negligent for failing to respond appropriately to the circumstances. Right-of-way does not give you full license to throw yourself into the zone of danger.
In California, contributory negligence will not destroy your pedestrian injury claim. Instead, your damages will reduce by the percent amount that the court deems was your contribution of fault.
At Prestige Law Personal Injury & Car Accident Lawyers, our team has spent two decades representing injured pedestrians hit by drivers who failed to act with due care when operating their vehicle on the roadway. Over the years, we have handled a wide range of pedestrian injury disputes. Some with complicated fact patterns, others with hostile defendants who are unwilling to negotiate a fair settlement. These experiences have given us a great deal of insight as to what it takes to secure a positive result for our clients.
If you’d like to speak with a skilled Los Angeles pedestrian injury lawyer at our firm. Then call us at (818) 788-0808 or fill out a contact form on our website to schedule a free and confidential consultation.
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