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Pedestrian Accidents
A California pedestrian accident lawyer can help injured pedestrians who were injured due to the negligence of another party. Approximately 14,000 pedestrians in California are injured every year. In these cases, pedestrians and their family members are entitled to fair compensation for their suffering and losses.
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Pedestrian accidents are most often caused by driver negligence, such as driving while intoxicated, speeding, failing to yield, and other violations of California crosswalk laws. As a result of negligent drivers, pedestrians often suffer broken bones, lacerations, and brain injuries.
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For injured victims, I can make a claim against negligent drivers. In addition to managing your medical treatment, I can collect evidence to identify liable parties, and make a claim with an at-fault party's insurance company.
Common Pedestrian Accidents And Injuries
California has a number of laws designed to protect pedestrians. In California, the Vehicle Code 21960 VC states that drivers must yield to pedestrians crossing the street in marked crosswalks. Nevertheless, pedestrian accidents are common in California. Approximately 14,000 pedestrians are injured in California each year, according to the Office of Traffic Safety. The state of California has the highest number of pedestrian deaths on its roads. In California, over 800 pedestrians are killed every year.
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Pedestrian accidents are most often caused by driver negligence and carelessness. A pedestrian accident injury is caused when drivers engage in distracted driving, operate vehicles under the influence of alcohol, speed, fail to signal properly before turning, fail to yield at crosswalks, and engage in reckless driving.
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There are times when pedestrians are at fault for their own accidents. For instance, they can be injured when they jaywalk. Although pedestrians may still receive financial compensation in such cases, their payouts will be reduced based on California law's comparative negligence standard. Accidents involving pedestrians can result in brain injuries, spinal cord injuries, internal organ damage, disfigurement, broken bones, and lacerations.
Common Defendants In Pedestrian Accident Cases
Accidents involving cars are the most common cause of pedestrian injuries. The greatest number of pedestrian accident lawsuits are brought by negligent drivers. Drivers who fail to act in the same way as a reasonably careful driver in such a situation are negligent. If a driver ignores a stop sign, then they are considered negligent for injuring a pedestrian.
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Plaintiffs who file a lawsuit against a defendant or pursue a personal injury claim can receive compensation for their medical bills, medical expenses, lost wages, lost earning capacity, property damage, and pain and suffering.
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Families of pedestrians who die in accidents can likely sue the person responsible for causing the accident for wrongful death. As damages, the deceased's burial and funeral expenses, income earned by the deceased, and companionship and support provided by the deceased can all be considered.
Personal Injury Lawyers Representing Pedestrian
Pedestrian accident claims are handled by personal injury attorneys. In the event of a pedestrian accident, an attorney would provide the following assistance. An injury lawyer interviews the accident victim and determines the damages, manages the victim's medical care and treatment, investigates the circumstances and cause of the accident, hires experts to help interpret the case, files an injury claim with the liable driver's insurance company and negotiates with the insurer, and files a lawsuit on behalf of the victim.
The Help of An Attorney
Attorneys who handle these kinds of personal injury cases work to get their clients the largest court awards and settlements possible. Skilled pedestrian accident lawyers understand that every case has its own value. This means they can compel liable parties to share in the cost of an accident.
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Attorneys also know how to find hidden value within a case. An injury victim receives the most compensation for his/her injuries by discovering such value. Especially in a case like this, a personal injury lawyer must handle all the complexities. By doing so, victims are able to focus on their well-being. By doing so, victims are able to focus on their well-being.
The majority of injury attorneys offer a free initial consultation. Therefore, clients can get legal answers to their questions without spending a dime.
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During the attorney-client relationship, all communications between a lawyer and his or her client are protected. It is against the law for lawyers to divulge clients' information to anyone without their consent.
California pedestrian laws regulate where and how people can legally cross pedestrian crosswalks. A pedestrian crossing the street within a marked crosswalk or an unmarked crosswalk is entitled to the right-of-way under Vehicle Code 21950.
Injury cases after a pedestrian accident are heavily influenced by crossing laws. A violation of one of these laws can change who is liable for the accident. California's comparative fault rules can reduce a pedestrian's compensation. The pedestrian may even be held liable for the crash due to negligence per se.
California Crosswalk Laws
Crosswalk laws and regulations govern when and where people can legally walk across public streets in California. Pedestrian safety is the reason behind these rules. In addition, they also aim to minimize disruption to vehicle traffic.
Pedestrians must adhere to a number of laws. The following are among the most important California Vehicle Code (VC) 467, VC 275, VC 21966, VC 21950, VC 21955, VC 21954, VC 21970, VC 21456, VC 21952, VC 21963. The state of California also has several laws that give municipalities the freedom to set their own rules.
VC 467
A pedestrian in California is defined by VC 467. California pedestrian laws are based on this definition, which is very important.
Pedestrians are mostly anyone who is on foot, riding a motorized assistive mobility device because they are unable to walk, or riding something that is propelled solely by their own efforts, as opposed to a bicycle.
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Under VC 467, "pedestrians" are generally people who use the following devices for getting around such as skateboards, scooters, unless it is an electric scooter, or e-scooter, roller skates, rollerblades, skis, ice skates, wheelchairs, motorized wheelchairs, or crutches. Despite this, people riding these devices are not pedestrians. Bikes, e-bikes, motorized bikes, hoverboards, and e-scooters do not constitute pedestrians.
VC 275
According to CVC 275, a crosswalk can either be part of a road painted with distinctive white lines or where two roads meet at right angles, then sidewalks extend through the intersection. In other words, pedestrians can cross at an intersection even if there are no white lines on the pavement.
VC 21966
According to VC 21966, pedestrians must stay off bike lanes whenever there is an "adjacent adequate pedestrian facility." This would include sidewalks or designated walking paths. Even if a sidewalk is blocked, pedestrians can still reach their destinations by taking bicycle lanes.
VC 21950
Crossing at a crosswalk is governed by CVC 21950, which governs pedestrians and crosswalks. Crossing at a crosswalk is governed by CVC 21950, which governs pedestrians and crosswalks.
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Motor vehicles must yield to pedestrians crossing the street in a crosswalk according to VC 21950(a). A pedestrian always has the right of way. Drivers are required to slow down and exercise caution so as not to endanger pedestrians. Motorists are also required to exercise due care for the safety of pedestrians.
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As stated in section (b), pedestrians still have a legal responsibility to cross the street safely. Pedestrians are expressly prohibited from leaving the curb suddenly, walking or running into the path of oncoming vehicles, or stopping or delaying traffic unnecessarily when crossing the street. Legal duties can conflict with one another. This makes pedestrian accidents more complicated. Determining liability for a pedestrian accident involves examining those details. It is possible for the person found to be responsible for the accident's costs to be made to pay them.
VC 21955
In accordance with California Vehicle Code 21955, pedestrians must stick to the crosswalks when they cross at intersections with traffic signals, lights, or police officers. If there is no crosswalk at the intersection, pedestrians cannot cross straight to the opposite corner. Jaywalking tickets are often issued for violating 21955. However, these tickets are not crimes. A $200 fine is instead imposed for these infractions.
VC 21456
Pedestrians cross an intersection using crossing lights, which are electronic signals. A green walking man, the word "walk" in green letters, steady red letters spelling "don't walk," or blinking red letters spelling "don't walk" can be seen. When the crossing light tells pedestrians to walk, VC 21456 requires pedestrians to let cars already in the crosswalk to pass through.
There are two types of blinking crossing lights: those that provide pedestrians with countdown signals indicating how long they have to finish crossing, and those that do not.
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VC 21456 allows pedestrians to cross at crossing signals that have this countdown clock when it is blinking. The only requirement is to cross before the steady countdown clock starts. The rule is that if the crosswalk signal does not have a countdown clock, pedestrians should not enter the crosswalk.
VC 21954
According to CVC 21954, pedestrians can cross the street even when there is no marked crosswalk or intersection. Pedestrians must yield the right-of-way to vehicles that are close enough to present an "immediate hazard" to them.
A pedestrian can cross a street if there are no cars close enough. Even without a crosswalk.
The violation of 21954 is another common reason for getting a ticket for jaywalking.
VC 21970
There are certain reasons why drivers cannot stop in a crosswalk or on the sidewalk.
As stated in VC 21970, it is illegal for drivers to stop in a crosswalk and block the crossing "unnecessarily." This applies both to marked crosswalks and to unmarked crosswalks at intersections. When the light is red, a driver may stop at a crosswalk and then make a right turn.
VC 21952
Crossing over a sidewalk is not allowed for vehicles. The right-of-way belongs to pedestrians. According to CVC 21952, vehicles must yield to pedestrians.
If a car turns into a driveway and passes over a sidewalk on the way, this rule applies. Whenever a vehicle approaches a walker, the driver must first stop.
VC 21963-65
Pedestrians who are blind are given special protection under California traffic rules.
At all intersections, VC 21963 gives the right of way to blind pedestrians who are using a cane or a guide dog. To keep blind pedestrians safe, drivers need to yield to them or take extra precautions. It is a crime that can carry a jail term of up to 6 months and a fine of up to $1,000 if they don't.
Pedestrian Laws
Due to their ability to determine who is at fault for a motor vehicle accident, these laws can have an impact on a lawsuit arising from a pedestrian accident.
California focuses on negligence when determining liability for accidents. A pedestrian knockdown lawsuit begins with determining liability. Victims may be entitled to compensation from those who were at fault. Compensation for pain and suffering, lost wages, medical expenses, loss of earning capacity, and loss of consortium can be expensive.
There are two ways to determine liability based on pedestrian or crosswalk violations: Negligence per se or Comparative fault.
Negligence Per Se
Laws or regulations can be used to prove negligence by establishing negligence per se. A violation of a rule or regulation can be strong evidence of negligence, which can make someone liable for an accident. Essentially, it is an easy way to determine fault. When you use negligence as a general term, you do not have to look for evidence of negligence in the minute details of the accident.
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The violation of pedestrian or crosswalk laws, in the context of pedestrian accidents, can be used to establish negligence per se. In many cases, a violation of a traffic law results in a person being held responsible for whatever accident it causes.
Comparative Fault
Under comparative fault, violations of pedestrian safety laws or crosswalk laws will also reduce a victim's recovery.
An accident jury must assign each party a percentage of fault when both the victim and the defendant were partially at fault. According to comparative negligence laws, the victim's damages are reduced by the percentage of their fault.