Pedestrian Injuries

Pedestrian Injuries


Pedestrian injuries due to being struck by vehicles, or injured by falling debris, mechanical defects, warning failures (lights), faulty signs, or lack of warning signs are all cases that an attorney can assist you with in determining the nature and extent of the liability of the defendant(s) involved. Dangerous conditions or negligent driving that cause injuries to pedestrians can be extremely serious, if not deadly, and often have the following issue relating to them:

PEDESTRIANS USUALLY HAVE THE RIGHT OF WAY IN MOST CASES, ESPECIALLY ON SIDEWALKS AND OTHER WALKWAYS, PARKING LOTS, AND CROSSWALKS:    Pedestrians are incredibly vulnerable to being struck by vehicles as they are slow by comparison, and have little time and space to avoid a collision compared to a driver in a vehicle that is traveling at speeds that no human can compare with and sizes and weights that no human body can withstand. The duty of drivers in dealing with pedestrians is quite strict as a result. According to the California Driver's Handbook, a pedestrian is a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or wheelchair for transportation.

 

If you approach a pedestrian crossing at a corner or other crosswalk, even if the crosswalk is in the middle of the block, at a corner with or without traffic signal lights, whether or not the crosswalk is marked by painted lines, you are required to exercise caution and reduce your speed, or stop if necessary, to ensure the safety of the pedestrian. Do not pass a vehicle stopped at a crosswalk. A pedestrian you cannot see may be crossing the street. Stop and proceed when all pedestrians have crossed the street. Do not drive on a sidewalk, except to cross it to enter or exit a driveway or alley. When crossing, yield to all pedestrians.

Do not stop in a crosswalk. You will place pedestrians in danger. Remember, if a pedestrian makes eye contact with you, they are ready to cross the street. Yield to the pedestrian.

 

Allow sufficient time to cross the street for: older pedestrians, disabled pedestrians, pedestrians with young children 

 

THE APPLICABLE LAW FOR PEDESTRIANS IS CALIFORNIA VEHICLE CODE SECTION 21950 WHICH STATES IN THE PERTINENT PART:

(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

PEDESTRIAN INJURIES ARE OFTEN SERIOUS AND/OR FATAL:  Due to the size, weight, and speed that vehicles travel at on even a suburban neighborhood road, the forces involved are so tremendous that even a sideswipe of a pedestrian can cause serious or even catastrophic injuries. Pedestrians are not required to wear helmets and have no bodily protection against a fast-moving metal vehicle, which forces can easily break or crush bone. As such, pedestrian cases involving vehicles should always be taken seriously. It is important to be evaluated in an emergency room, whether or not you choose to get there via ambulance. Because the forces are usually so large, bio-mechanical or other experts are usually not needed but usually not needed, but might be needed in some cases. Head trauma and fractured limbs are very common in pedestrian versus vehicle cases, and your attorney will assist you in making sure you have the proper diagnostic studies and care that will validate and/or rule out any injuries before you attempt to settle your case.

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