Pedestrian Accidents

PEDESTRIAN ACCIDENTS AND CATASTROPHIC INJURIES

Sadly, pedestrian accidents are more common than many people realize. In the news we often see headlines about an innocent pedestrian hit by a reckless vehicle and left with no assistance. These horrendous acts should not be tolerated. If you or a loved one has been injured in a pedestrian accident, it is in your best interests to speak with a Ventura County accident attorney from the firm at your earliest convenience. Pedestrian accidents commonly occur near sidewalks, in front of commercial buildings, and on crosswalks.

Pedestrian accidents commonly occur near sidewalks, in front of commercial buildings, and on crosswalks. When an individual is hit by a fast moving vehicle, serious injuries can be practically guaranteed.

As a personal injury firm with decades of combined experience, the attorneys at The Law Offices of Alfonso & Berriz, APC have helped many seriously injured individuals to not only recover the maximum compensation they were due for their injuries, but also to hold the responsible parties accountable.

California’s Crosswalk Rules

Under the California Vehicle Code, drivers must yield the right of way to a pedestrian crossing within a crosswalk. An important point is widely misunderstood: a crosswalk does not have to be painted. Where two streets meet at approximately right angles, there is generally an unmarked crosswalk across each one, and a pedestrian crossing there has the same protection as someone in a striped crossing.

Pedestrians have obligations too. A pedestrian should not leave a curb and walk into the path of a vehicle so close that it creates an immediate hazard.

California law has also changed in recent years in a way many people have not caught up with. Crossing outside a crosswalk is no longer treated as an offence in itself where it is done safely and there is no immediate danger of a collision. That matters in these cases, because insurers have long leaned on the assumption that a pedestrian outside a crosswalk was automatically in the wrong.

Being Outside A Crosswalk Does Not End A Claim

California follows pure comparative fault. Even where a pedestrian bears some share of responsibility, that reduces a recovery rather than barring it. A pedestrian found 30 percent responsible would generally still recover 70 percent of their damages.

Driver conduct is weighed in the same balance, including speed, distraction, failure to look before turning, visibility conditions and whether the driver had a realistic opportunity to stop.

PEDESTRIAN ACCIDENT LAWYER IN VENTURA COUNTY AND LOS ANGELES COUNTY

The attorneys have helped countless clients to recover compensation for serious injuries sustained in pedestrian accidents such as:

• Head injuries
• Neck injuries
• Paralysis
• Brain injuries
• Spinal injuries

Call the firm today to speak with an experienced attorney that has helped many individuals recover the maximum settlement for their case.

When A City Or County May Be Involved

Some pedestrian collisions involve more than a driver. A missing or malfunctioning signal, an obscured crossing, inadequate lighting, a poorly designed intersection or an obstructed sidewalk can make the public agency responsible for the location a party to the claim. Those claims carry a six-month written claim requirement under the California Tort Claims Act rather than the ordinary deadline.

Deadlines

A personal injury lawsuit generally must be filed within two years under California Code of Civil Procedure section 335.1. Where a public entity is involved, a written claim is generally required within six months. Contact a Ventura County pedestrian accident lawyer from the firm immediately so that you can be assisted during this difficult time.

Frequently Asked Questions

Does the driver always have to yield to a pedestrian?

Drivers must yield to a pedestrian crossing within a crosswalk, marked or unmarked. Pedestrians in turn must not step into the path of a vehicle that is too close to stop safely.

I was crossing where there were no painted lines. Does that matter?

Not necessarily. Unmarked crosswalks generally exist where streets meet at approximately right angles, and a pedestrian crossing there has the same right of way.

Can I recover if I was crossing mid-block?

Often yes. California applies pure comparative fault, so a share of responsibility reduces a recovery rather than ending it. California law also no longer treats safe crossing outside a crosswalk as an offence in itself.

What if the driver fled?

Uninsured motorist coverage on your own auto policy may apply to a hit-and-run even though you were on foot. It is worth having your policy reviewed.

What if a dangerous intersection contributed?

The public agency responsible may be a party, but a written claim generally must be presented within six months.