Los Angeles Pedestrian Accident Lawyers

Determining Who is at Fault in a Los Angeles Pedestrian Accident

In most pedestrian accident cases, it is the negligent or inattentive driver who is at fault; however, there are instances where pedestrians can be at fault as well. The pedestrian could be at fault if:

• They failed to follow the “don’t walk” signal in a crosswalk.
• They were jaywalking in a busy and unexpected location.
• A child darted into the street after a pet, toy, or other object and the driver did not see them prior to hitting them.
• They decided to take a stroll on a highway where driver’s don’t ever expect to see a pedestrian.

If our Los Angeles pedestrian accident attorneys are going to be successful in proving your pedestrian accident injury claim, please note that pedestrians must also exercise due caution when entering a roadway, just as drivers do.

More often than not, though, it is not the pedestrian’s fault, but the driver’s fault when a pedestrian is struck. Here are some common driver errors that our law firm has seen when it comes to car-pedestrian accidents:

• The driver disregards the crosswalk and those walking on it completely.
• The driver disregards traffic controls (red lights, stop signs, yield signs).
• The driver is under the influence of drugs and/or alcohol.
• The driver disregards a school bus stop sign, causing a significant risk of injury to children getting off the bus and crossing the road.
• The driver is engaging in another activity while driving, taking their attention away from the road (texting, following a GPS, playing with the radio, eating).
• The driver does not follow the speed limit, increasing the chances of injury to a pedestrian in the road.

If you have been involved in any of the above situations and are unsure who is at fault for your auto-pedestrian injury, hiring one of our experienced pedestrian accident attorneys from Los Angeles is critical. If a lawsuit becomes necessary, you want an experienced law firm and lawyers by your side.

What Are a Pedestrian’s Rights Under the Law?

Under California Vehicle Code, pedestrians have a number of rights when it comes to walking in the streets of Los Angeles. These rights include:

• The right of way within both marked and unmarked crosswalks (at an intersection).
• The right of way in a crosswalk even if there is a green light present or no control light.
• The right to properly cross a highway (driver must yield).

Notice how in the first instance there is the “at an intersection” qualifier included. Despite some common beliefs about Los Angeles car accidents, lawyers know that pedestrians do not always have the right of way. According to CVC, the crosswalk does not have to be marked — but it does need to be in an intersection. In the end, the law reminds pedestrians always to practice safety when crossing the street and to never suddenly leave a curb or sidewalk into the path of an automobile so that it causes an immediate hazard.

If you want to learn more about your rights as a pedestrian, contact one of our law firm’s team of lawyers today, and we would be happy to go over the law with you