Pedestrian deaths in California increased 5.4 percent from 2009 to 2010, even though they are granted right of way in many different situations on California roads. Unfortunately, many drivers are aggressive and assume that they have the right of way in all situations except at controlled intersections. The elderly are especially endangered by aggressive drivers who fail to properly yield right of way to pedestrians. If you are injured in a pedestrian accident in Los Angeles, contact the experienced personal injury attorneys of the Sharifi Firm, APC to represent you in a civil suit to recover damages from the at-fault driver or drivers.Pedestrian Right of Way in Southern California
California law protects pedestrians in a number of situations. For example, drivers must stop and yield right of way to pedestrians in a marked or unmarked crosswalk or at intersections. They can never drive on a sidewalk that is a designated safe route for pedestrians. When pulling out of a parking lot or driveway, motorists must yield to pedestrians. Even when a pedestrian is walking in an area that is not a crosswalk, a motorist must use reasonable care.
An injured pedestrian can recover damages from the driver at fault where she can prove: (1) the driver's duty to her, (2) breach of duty, (3) causation and (4) damages. A driver's failure to yield right of way at a designated crosswalk or an intersection may be negligence per se. Negligence per se allows negligence to be presumed where: (1) a driver violates a statute or regulation, (2) the violation causes injury to another, and (3) the injury is of the type that the statute or regulation was intended to prevent. Even if negligence per se does not apply (such as when a pedestrian crosses the road in the middle of traffic), negligence may apply. Drivers are expected to operate their cars reasonably under the circumstances. If there is time to stop for a pedestrian, a driver must stop and avoid injury to the pedestrian.
In some cases, a pedestrian is partially to blame for getting hurt. For example, a pedestrian that has been drinking, misjudges the speed of oncoming traffic and darts across the road may be seriously injured. However, the defendant driver can raise the defense of comparative negligence. Under this defense, the plaintiff's recovery will be reduced by his or her percentage of fault. Unlike some other states, California follows the doctrine of pure comparative negligence, which means that the pedestrian in that example can recover even if she is 99% at fault.Hire a Riverside Pedestrian Accident Attorney
A total of 4,743 pedestrians were killed in traffic across the nation in 2012, and 76,000 pedestrians were injured. According to the Centers for Disease Control and Prevention, pedestrians are 1.5 times more likely than those in a passenger vehicle to be killed in a car crash in every car trip. At the Sharifi Firm, APC our Riverside personal injury attorneys represent pedestrian accident victims in Rancho Cucamonga, Temecula, and San Bernardino. We present your strongest arguments to insurers and juries and will work diligently to see that you obtain the compensation to which you are entitled. Contact us at 1-866-422-7222 or via our online form for a free, no-obligation consultation.