Pedestrian Accidents Not in a Crosswalk – Understanding liability
Written by Robert E. Cartwright
Get The Justice You Deserve.
Key Takeaways
- Motorists in California must exercise due care and yield the right-of-way to pedestrians, especially at marked and unmarked crosswalks.
- Under California’s comparative negligence laws, fault can be shared between the driver and pedestrian if crossing outside a crosswalk or against signals contributed to the accident.
- Pedestrian collisions frequently cause catastrophic injuries, including traumatic brain injuries, spinal cord damage, bone fractures, and long-term disfigurement.
- An experienced pedestrian accident lawyer thoroughly investigates the crash, gathers medical evidence and witness statements, and works to minimize any degree of fault assigned to you.
- If insurance companies refuse to offer a fair settlement, your attorney can file a personal injury lawsuit to pursue full compensation for medical expenses and lost wages.
Being a pedestrian can be dangerous, especially on busy California roads. While only crossing streets on marked crosswalks is an important precaution, this is not always available. Pedestrian traffic is often overlooked and many streets have inadequate sidewalks and crosswalks. Additionally, many pedestrian accidents happen in parking lots.
While pedestrians do have certain rights and protections under the law, being hit by a car outside of a marked crosswalk can also present certain liability issues for a personal injury claim.
If you are frequently a pedestrian or were involved in a pedestrian accident, it is critical to understand your legal rights and seek appropriate legal representation.
At The Cartwright Law Firm, we specialize in helping people injured in accidents seek justice for their injuries. Our pedestrian accident lawyers have years of experience working with pedestrian accidents of all types and can help you navigate the complex legal and insurance systems that come into play in these cases.
Understanding Liability in Pedestrian Accidents
In California, pedestrians have the right of way in most situations, and drivers are expected to yield to them. If a pedestrian is hit by a car, the driver is most often considered liable, which means they are responsible for the damages incurred by the pedestrian.
Pedestrians who are not in a crosswalk are expected to yield the right of way to all vehicles. However, drivers still have a duty of care towards jaywalking pedestrians. Drivers must be aware, pay attention to their surroundings, and safely operate their vehicles.
If a driver fails to provide due care towards pedestrians or engages in negligent behavior such as distracted driving or driving under the influence, they can be held liable or partially liable for the incident regardless of the location of the incident.
Comparative Negligence
In some circumstances, both the pedestrian and the driver can be at fault for an accident outside the crosswalk. The parties are apportioned a percentage of liability based on their degree of fault. In such cases, the splitting of liability is often intensely negotiated. A dedicated and skilled attorney can work to minimize the amount of liability that falls on the pedestrian.
Accurately determining the liability can be contentious and heavily disputed in any case. To hold the responsible parties accountable, contact our experienced Discovery Bay personal injury lawyers for help.
When is a Pedestrian At Fault for an Accident?
As a pedestrian, there are certain rules and precautions that you need to follow to ensure your safety. One of the most important rules is to cross roads at marked crosswalks, where you have the legal right of way.
While motorists have a legal duty to drive responsibly and avoid crashes with pedestrians, pedestrians are also responsible for their own safety. According to California law, pedestrians not in a crosswalk can be held responsible for an accident if their behavior contributed to the collision, such as crossing against a traffic signal.
As a pedestrian, it is important to obey traffic laws and remain alert when crossing outside of a crosswalk. Even if you have the right-of-way, you should not assume that drivers will see you or stop in time to avoid a collision. It is also important to note that factors such as wearing dark clothing or being under the influence of drugs or alcohol can be used against you in court if you contributed to the accident.
Ultimately, it is the responsibility of all road users to take reasonable precautions and follow the rules of the road to avoid accidents.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in catastrophic injury and account for a significant number of vehicular fatalities each year. When pedestrians are struck by a vehicle, common injuries include:
- Broken Bones
- Traumatic Brain Injury
- Spinal Cord Injury
- Contusions
- Lacerations
- Scarring
- Disfigurement
These injuries require immediate medical attention and ongoing treatment, including surgeries and physical therapy, to help patients recover. Additionally, many of these injuries can prevent individuals from returning to work, resulting in lost wages, rehabilitation expenses, and additional financial burdens for the victim and their family.
How Our Personal Injury Lawyers Can Help
Pedestrian accidents can result in devastating injuries and present liability issues. Whether you were crossing the street outside of a crosswalk or walking along the side of the road, our experienced personal injury lawyers can help you recover compensation for your medical expenses and additional damages.
Our team of committed attorneys works diligently to build your case and fight for just compensation on your behalf. Following an initial case consultation, our attorneys and support staff take the following steps in your injury case.
- Complete a thorough investigation of the accident
- Establish all involved parties
- Initiate claims with corresponding defendants
- Determine liability
- Gather evidence, such as witness statements and medical bills
- Present supporting evidence to negotiate a settlement
Our goal is to negotiate a fair settlement for your claim. If the insurance company does not offer a fair settlement, we are fully prepared to file a personal injury lawsuit on your behalf. While trials are rare in pedestrian accident cases, we are prepared to present your case to a jury if necessary.
At The Cartwright Law Firm, we understand the impact that a pedestrian accident can have on your life. We believe in providing aggressive legal representation to ensure that your claim is successful. Our personal injury lawyers have years of experience helping clients recover compensation for their injuries, and we are committed to doing the same for you.
Contact The Cartwright Law Firm
If you or someone you know was injured or lost their life from a pedestrian motor vehicle accident, you need a reliable injury firm on your side.
Whether the incident occurred on a crosswalk, sidewalk, in a parking lot, or while jaywalking, we are here to provide you with comprehensive legal guidance and protect your rights. Contact The Cartwright Law Firm today at (415) 433-0444 to schedule a free consultation with our Discovery Bay personal injury lawyers.
I cannot recommend Cartwright Law Firm and Andrew Ratto highly enough. He helped me through a very difficult time in my life and I do not know how I would have managed to get through it without the firm's professional guidance and support.
Everyone at the Cartwright Firm is very likeable. The attorneys and staff are kind, thoughtful, and sincere. They helped walk me through the entire process and were patient when explaining the legal jargon I didn't understand. It is clear they not only really care about your claim, but care about making sure you understand whats going on. Can't recommend them enough!
I worked with the Cartwright law Firm over 20 years ago and on a recent trip to San Francisco I met with Rob and his team of Attorneys for over 2 hours to get an opinion on a legal matter. I was extremely impressed at the professional attitude and real caring I received from their office. Please feel free to watch my VIDEO review vid.us/57pftr
I did not even have to take one step into a court room! I had an amazing experience with Robert Cartwright and his team. They walked me through every step, kept me well informed along the way, and I definitely recommend them to anyone having legal issues.
I recently had a serious altercation with an Uber driver. The Cartwright Law Firm was able to quickly and efficiently evaluate the merits of my case. They are very polite and great to work with. I would recommend The Cartwright Law Firm to any person who needs an experienced, aggressive firm to assist them in their injury case.
They were willing to take my case after being denied by other law firms, and was able to get me a great settlement. I did not event have to take one step in the court room! Highly recommended for any of your legal needs.
The Cartwright Law Firm is very professional and responsive to client needs. I recently had a personal injury case in which David Yen, and an associate from their firm, was able to obtain a fabulous result for me, and I never even had to step into the court room. Thank you again The Cartwright Law Firm!
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