There is a high likelihood for serious injury, head trauma, brain trauma, catastrophic injury, or even death, when a pedestrian is struck even at a low speed or in a low impact collision with a vehicle. Often times, a pedestrian accident results from a motorist’s negligence or inattentiveness while operating his or her vehicle. Vehicle drivers often disobey the law and fail to yield to a pedestrian’s right of way. Once a pedestrian steps off the sidewalk, vehicle traffic must stop and allow the pedestrian to cross the street. This law applies whether the pedestrian is in the crosswalk or even if he or she is crossing in the middle of the street and jaywalking (though the pedestrian will also share in the fault under the California laws of comparative or contributory negligence).
Further, drivers often don’t pay attention to crosswalks, whether marked or not marked. They also disregard traffic signals. Drivers should also exercise care and caution when traffic has stopped, because there is a possibility that a pedestrian is crossing the street, has not yet reached the lane that the motorist is traveling in and his or her view is blocked by the stopped cars, suvs, trucks or buses.
California law requires traffic in both directions stop when the red flashing lights on a school bus are activated. Children are likely to exit the school bus and cross the street.
Finally, driving under the influence of alcohol or drugs poses a great danger of a car or vehicle involved pedestrian accident. Drunk drivers have been known not only to strike pedestrians crossing the street, but on the sidewalk as well.
While California law provides for protections for pedestrians, given our busy lifestyles and our driving culture, it is perhaps better that a pedestrian to assume that the vehicle driver is not going to be attentive or not going to yield the right of way to the pedestrian. Hence, it is better that a pedestrian:
However, should the driver of the vehicle fail to use good judgment, be inattentive, negligent and cause a collision or accident, know that you can call on the Law Office of Frederick S. Schwartz for help. Your case will be carefully considered and investigated. If available, witness statements will be obtained. Accident site inspections will be undertaken and photographed. Experts will be retained if needed.
Pedestrian accidents and injuries are also the result of sidewalk and road construction negligence.
Typically, the police will not come to the accident scene and make a report, unless one of the persons involved in the accident complains of injury. Regardless, the parties to an accident are required to exchange pertinent accident information. Experience has shown that people forget to obtain the needed information at the accident scene. Here is what you should do:
The Law Office of Frederick S. Schwartz has over two decades of experience in assisting his injured clients in obtaining needed medical care, getting medical bills paid, getting property damage quickly repaired or replaced, recovering lost wages, getting compensation for pain and suffering, holding the party or company at fault responsible and keeping the insurance company fair and accountable. As a former insurance company defense attorney, Frederick S. Schwartz has valuable insight into the mindset and frame of reference of the insurance company’s adjusters and lawyers. This gives his clients a big advantage in the negotiation, litigation, and settlement process.
If you have been injured in a pedestrian accident on a California highway, street or intersection, or if you have lost a family member as the result of such an accident, contact Los Angeles consumer justice attorney and personal injury lawyer Frederick Schwartz at the Law Office of Frederick S. Schwartz. Call (800) 994-4442 for a free evaluation and consultation.