Pedestrian collisions represent 40% types of road incidents. When cars, trucks, city buses, and even cycles don’t stop for pedestrians in crosswalks or on sidewalks, there is a high chance that the driver did not intend to do harm. But with accidents so common at intersections it’s important for drivers of all vehicles alike to be aware of how dangerous their actions can become if they fail to yield rights-of-way.
Pedestrian accidents often result in serious injuries that cost a significant amount of money. Most insurers are eager to settle before the full extent and nature of injury is clear, which can take months for head, neck or back trauma cases from being made known. At Sarraf Law Firm we consult with medical experts who would are able to help you get the treatment and compensation necessary after your pedestrian accident, so you don’t have an unfair burden on yourself financially while recovering physically as well.
The California Department of Motor Vehicles provides a list of laws that apply to pedestrian accidents:
California Vehicle Code §21950 states that a “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.” Simply put, pedestrians always have the right-of-way at crosswalks.
California Vehicle Code §21954(a) states that “every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” In other words, a pedestrian should yield the right-of way anywhere that’s not in a crosswalk.
However, it must be read in conjunction with part (b), which states that, “the provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.” This means that even if a pedestrian is breaking the law by crossing in front of traffic, drivers are not allowed to hit them. If you’re curious whether this statute applies to your case and would like legal guidance with it, talk to one of our lawyers today.