Far too often, somebody crossing in a cross walk with the light is injured by a vehicle that is driven by somebody who is not paying attention. Regrettably, the person who causes the accident will very often blame the person who was lawfully walking down the street for the injuries they suffered. As a result, insurance companies often refuse to pay the compensation that is deserved under the law to the pedestrian.
The reality is that pedestrians are protected by the law. Specifically, California has several right-of-way laws that apply to pedestrians. These laws exist to protect vulnerable pedestrians. A number of pedestrian versus vehicle collisions in California occur because motorists fail to follow these laws:
- Drivers must stop and yield the right-of-way to pedestrians who are crossing in marked or unmarked crosswalks or at intersections. Motorists should wait when other vehicles are stopped at a crosswalk. Vehicles that are stopped may be letting pedestrians cross.
- Motorists must never drive on sidewalks that are designated as safe routes for pedestrians.
- Motorists must also stop and yield the right-of-way to pedestrians and other vehicles especially when pulling out parking lots or driveways.
- Motorists must allow older, younger, and disabled pedestrians ample time to cross the road.
- Even when a pedestrian is walking outside the crosswalk, a motorist is expected to exercise due caution.
If you have been injured in a California pedestrian accident, it is important that you remain at the crash site and call the police. Take down the contact information of the driver and of anyone who may have witnessed the accident. If you have a smart phone or camera with you, take photos of the vehicle, the site of the crash and of your injuries. It is also important to discuss what happened with the police and to seek out immediate medical attention. Getting medical attention right away will maximize the chances of your recovery and also provide a record when you file your injury claim.
If you, a loved one or friend is a victim of a pedestrian accident, call Mr. Waldman. The initial consultation is free. If Mr. Waldman agrees to represent you, you don’t pay unless funds are recovered on your behalf.