California Pedestrian Accident Attorney

Who is At Fault in a Pedestrian Accident?

If you are involved in a pedestrian accident, you must cooperate with police and other authorities and accurately report your account of the events. Even if you do not believe you were at fault for the accident, it is in your best interest to consult promptly with an attorney. The attorney can help you obtain and preserve evidence that can prove who is at fault in a pedestrian accident and who is entitled to damages. A pedestrian accident lawyer can advise you on your legal options and on how to seek compensation for your injuries.

Yielding to Pedestrians in Crosswalks

Under California law, pedestrians in crosswalks do not have an unimpeded right of way. As a result, they can be found fully or partly responsible for pedestrian accidents. Drivers need not wait for pedestrians to reach the sidewalk before driving through a crosswalk, as long as the drivers maintain a reasonably safe distance from the pedestrians and move at a reasonably safe speed. Drivers must exercise "all due care" to yield the right-of-way to pedestrians to avoid pedestrian accidents.

To help prevent pedestrian accidents, California law requires pedestrians to yield the right-of-way to vehicles that are already in the intersection when the "walk" signal appears. A pedestrian has the right-of-way in a crosswalk while the green walk light is on. However, if the vehicle has the green light, the pedestrian must yield to the vehicle and must obey the pedestrian signal to avoid a pedestrian accident. At intersections without a light, the pedestrian must use caution and wait for traffic to clear or stop before crossing.

California law requires pedestrians to take responsibility for their own safety. A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of an approaching vehicle. A pedestrian may not unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

If you are involved in a pedestrian accident, call a lawyer. A California pedestrian accident attorney can help you determine your legal rights and help you recover damages for injuries sustained in your pedestrian accident.

Alcohol and Pedestrian Accidents

National statistics reveal that pedestrians are somewhat more likely than drivers to be judged at fault in pedestrian accidents with motor vehicles. When a pedestrian accident occurs outside a crosswalk, pedestrians are almost always at fault.

A common situation in which pedestrians are found at fault for pedestrian accidents is when they have been drinking alcohol. More than one of every three fatally injured pedestrians over age 16 had a blood alcohol concentration higher than the legal threshold for driving a vehicle. At night, this ratio rises to greater than one out of every two pedestrian fatalities.

Drivers Cause Pedestrian Accidents

Pedestrian accidents and pedestrian fatalities are often caused by driver carelessness. Most drivers are diligent about following the rules of the road and know the meaning and intent of common safety signs. Careful drivers follow the speed limit, monitor traffic movement and pay attention to diversions and other irregularities in the normal traffic pattern.

However, some drivers may be careless or become distracted and cause pedestrian accidents. Driver negligence that can result in a pedestrian accident includes speeding, failing to stop at a crosswalk and failing to stop before turning on a red light.

Drivers may also be unaware of pedestrians when they are distracted by talking on cell phones or text messaging. Multitasking diminishes a driver's capacity to react appropriately to traffic signals and pedestrians in the roadway or crosswalk and can cause pedestrian accidents.

Drunk Driving Causes Pedestrian Accidents

Drunk driving is a common cause of catastrophic pedestrian accidents and pedestrian fatalities. The National Highway Traffic Safety Administration reports that alcohol accounted for 49 percent of pedestrian fatalities in 2007. If you have been the victim of a pedestrian accident involving alcohol or drugs, you should seek the advice of a lawyer. A pedestrian accident attorney will explain your legal options to you.

Seniors May Cause Pedestrian Accidents

Senior drivers may also cause pedestrian accidents. Although less likely to drive aggressively or at excessive speeds, elderly drivers are sometimes impaired in their alertness. Reasons for this include:

• Hearing problems.
• Visual problems.
• Drowsiness.
• Dementia.
• Side effects from prescription medication.

Any of these factors may cause an elderly driver to lose control of the car and result in a pedestrian injured or pedestrian killed. An accident may be unavoidable even when the pedestrian is obeying all traffic signals and is properly within the crosswalk.