Pedestrian Accidents Not in a Crosswalk
cartwrightlaw - September 25, 2023 -
Being a pedestrian can be dangerous, especially on busy California roads. While only crossing streets on marked crosswalks is an important precaution, this is not always available. Pedestrian traffic is often overlooked and many streets have inadequate sidewalks and crosswalks. Additionally, many pedestrian accidents happen in parking lots.
While pedestrians do have certain rights and protections under the law, being hit by a car outside of a marked crosswalk can also present certain liability issues for a personal injury claim.
If you are frequently a pedestrian or were involved in a pedestrian accident, it is critical to understand your legal rights and seek appropriate legal representation.
At The Cartwright Law Firm, we specialize in helping people injured in accidents seek justice for their injuries. Our pedestrian accident lawyers have years of experience working with pedestrian accidents of all types and can help you navigate the complex legal and insurance systems that come into play in these cases.
Understanding Liability in Pedestrian Accidents
In California, pedestrians have the right of way in most situations, and drivers are expected to yield to them. If a pedestrian is hit by a car, the driver is most often considered liable, which means they are responsible for the damages incurred by the pedestrian.
Pedestrians who are not in a crosswalk are expected to yield the right of way to all vehicles. However, drivers still have a duty of care towards jaywalking pedestrians. Drivers must be aware, pay attention to their surroundings, and safely operate their vehicles.
If a driver fails to provide due care towards pedestrians or engages in negligent behavior such as distracted driving or driving under the influence, they can be held liable or partially liable for the incident regardless of the location of the incident.
Comparative Negligence
In some circumstances, both the pedestrian and the driver can be at fault for an accident outside the crosswalk. The parties are apportioned a percentage of liability based on their degree of fault. In such cases, the splitting of liability is often intensely negotiated. A dedicated and skilled attorney can work to minimize the amount of liability that falls on the pedestrian.
Accurately determining the liability can be contentious and heavily disputed in any case. To hold the responsible parties accountable, contact our experienced Discovery Bay personal injury lawyers for help.
When is a Pedestrian At Fault for an Accident?
As a pedestrian, there are certain rules and precautions that you need to follow to ensure your safety. One of the most important rules is to cross roads at marked crosswalks, where you have the legal right of way.
While motorists have a legal duty to drive responsibly and avoid crashes with pedestrians, pedestrians are also responsible for their own safety. According to California law, pedestrians not in a crosswalk can be held responsible for an accident if their behavior contributed to the collision, such as crossing against a traffic signal.
As a pedestrian, it is important to obey traffic laws and remain alert when crossing outside of a crosswalk. Even if you have the right-of-way, you should not assume that drivers will see you or stop in time to avoid a collision. It is also important to note that factors such as wearing dark clothing or being under the influence of drugs or alcohol can be used against you in court if you contributed to the accident.
Ultimately, it is the responsibility of all road users to take reasonable precautions and follow the rules of the road to avoid accidents.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in catastrophic injury and account for a significant number of vehicular fatalities each year. When pedestrians are struck by a vehicle, common injuries include:
- Broken Bones
- Traumatic Brain Injury
- Spinal Cord Injury
- Contusions
- Lacerations
- Scarring
- Disfigurement
These injuries require immediate medical attention and ongoing treatment, including surgeries and physical therapy, to help patients recover. Additionally, many of these injuries can prevent individuals from returning to work, resulting in lost wages, rehabilitation expenses, and additional financial burdens for the victim and their family.
How Our Personal Injury Lawyers Can Help
Pedestrian accidents can result in devastating injuries and present liability issues. Whether you were crossing the street outside of a crosswalk or walking along the side of the road, our experienced personal injury lawyers can help you recover compensation for your medical expenses and additional damages.
Our team of committed attorneys works diligently to build your case and fight for just compensation on your behalf. Following an initial case consultation, our attorneys and support staff take the following steps in your injury case.
- Complete a thorough investigation of the accident
- Establish all involved parties
- Initiate claims with corresponding defendants
- Determine liability
- Gather evidence, such as witness statements and medical bills
- Present supporting evidence to negotiate a settlement
Our goal is to negotiate a fair settlement for your claim. If the insurance company does not offer a fair settlement, we are fully prepared to file a personal injury lawsuit on your behalf. While trials are rare in pedestrian accident cases, we are prepared to present your case to a jury if necessary.
At The Cartwright Law Firm, we understand the impact that a pedestrian accident can have on your life. We believe in providing aggressive legal representation to ensure that your claim is successful. Our personal injury lawyers have years of experience helping clients recover compensation for their injuries, and we are committed to doing the same for you.
Contact The Cartwright Law Firm
If you or someone you know was injured or lost their life from a pedestrian motor vehicle accident, you need a reliable injury firm on your side.
Whether the incident occurred on a crosswalk, sidewalk, in a parking lot, or while jaywalking, we are here to provide you with comprehensive legal guidance and protect your rights. Contact The Cartwright Law Firm today to schedule a free consultation with our Discovery Bay personal injury lawyers.
Being a pedestrian can be dangerous, especially on busy California roads. While only crossing streets on marked crosswalks is an important precaution, this is not always available. Pedestrian traffic is often overlooked and many streets have inadequate sidewalks and crosswalks. Additionally, many pedestrian accidents happen in parking lots.
While pedestrians do have certain rights and protections under the law, being hit by a car outside of a marked crosswalk can also present certain liability issues for a personal injury claim.
If you are frequently a pedestrian or were involved in a pedestrian accident, it is critical to understand your legal rights and seek appropriate legal representation.
At The Cartwright Law Firm, we specialize in helping people injured in accidents seek justice for their injuries. Our pedestrian accident lawyers have years of experience working with pedestrian accidents of all types and can help you navigate the complex legal and insurance systems that come into play in these cases.
Understanding Liability in Pedestrian Accidents
In California, pedestrians have the right of way in most situations, and drivers are expected to yield to them. If a pedestrian is hit by a car, the driver is most often considered liable, which means they are responsible for the damages incurred by the pedestrian.
Pedestrians who are not in a crosswalk are expected to yield the right of way to all vehicles. However, drivers still have a duty of care towards jaywalking pedestrians. Drivers must be aware, pay attention to their surroundings, and safely operate their vehicles.
If a driver fails to provide due care towards pedestrians or engages in negligent behavior such as distracted driving or driving under the influence, they can be held liable or partially liable for the incident regardless of the location of the incident.
Comparative Negligence
In some circumstances, both the pedestrian and the driver can be at fault for an accident outside the crosswalk. The parties are apportioned a percentage of liability based on their degree of fault. In such cases, the splitting of liability is often intensely negotiated. A dedicated and skilled attorney can work to minimize the amount of liability that falls on the pedestrian.
Accurately determining the liability can be contentious and heavily disputed in any case. To hold the responsible parties accountable, contact our experienced Discovery Bay personal injury lawyers for help.
When is a Pedestrian At Fault for an Accident?
As a pedestrian, there are certain rules and precautions that you need to follow to ensure your safety. One of the most important rules is to cross roads at marked crosswalks, where you have the legal right of way.
While motorists have a legal duty to drive responsibly and avoid crashes with pedestrians, pedestrians are also responsible for their own safety. According to California law, pedestrians not in a crosswalk can be held responsible for an accident if their behavior contributed to the collision, such as crossing against a traffic signal.
As a pedestrian, it is important to obey traffic laws and remain alert when crossing outside of a crosswalk. Even if you have the right-of-way, you should not assume that drivers will see you or stop in time to avoid a collision. It is also important to note that factors such as wearing dark clothing or being under the influence of drugs or alcohol can be used against you in court if you contributed to the accident.
Ultimately, it is the responsibility of all road users to take reasonable precautions and follow the rules of the road to avoid accidents.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in catastrophic injury and account for a significant number of vehicular fatalities each year. When pedestrians are struck by a vehicle, common injuries include:
- Broken Bones
- Traumatic Brain Injury
- Spinal Cord Injury
- Contusions
- Lacerations
- Scarring
- Disfigurement
These injuries require immediate medical attention and ongoing treatment, including surgeries and physical therapy, to help patients recover. Additionally, many of these injuries can prevent individuals from returning to work, resulting in lost wages, rehabilitation expenses, and additional financial burdens for the victim and their family.
How Our Personal Injury Lawyers Can Help
Pedestrian accidents can result in devastating injuries and present liability issues. Whether you were crossing the street outside of a crosswalk or walking along the side of the road, our experienced personal injury lawyers can help you recover compensation for your medical expenses and additional damages.
Our team of committed attorneys works diligently to build your case and fight for just compensation on your behalf. Following an initial case consultation, our attorneys and support staff take the following steps in your injury case.
- Complete a thorough investigation of the accident
- Establish all involved parties
- Initiate claims with corresponding defendants
- Determine liability
- Gather evidence, such as witness statements and medical bills
- Present supporting evidence to negotiate a settlement
Our goal is to negotiate a fair settlement for your claim. If the insurance company does not offer a fair settlement, we are fully prepared to file a personal injury lawsuit on your behalf. While trials are rare in pedestrian accident cases, we are prepared to present your case to a jury if necessary.
At The Cartwright Law Firm, we understand the impact that a pedestrian accident can have on your life. We believe in providing aggressive legal representation to ensure that your claim is successful. Our personal injury lawyers have years of experience helping clients recover compensation for their injuries, and we are committed to doing the same for you.
Contact The Cartwright Law Firm
If you or someone you know was injured or lost their life from a pedestrian motor vehicle accident, you need a reliable injury firm on your side.
Whether the incident occurred on a crosswalk, sidewalk, in a parking lot, or while jaywalking, we are here to provide you with comprehensive legal guidance and protect your rights. Contact The Cartwright Law Firm today to schedule a free consultation with our Discovery Bay personal injury lawyers.
“Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.
Robert E. Cartwright Jr.
Founder and Managing Partner