What Are Some Common Types of Pedestrian Accidents? How Can You Determine Fault in Such an Accident?
There are two types of pedestrian accidents that have been reported in San Bernardino: pedestrian accidents on a highway and hit and run accidents. Liability may be attributed to one individual or it could be shared between all parties involved. To better understand how liability is determined, it would be best to hire a pedestrian accident attorney.
At West Coast Trial Lawyers, we have experienced San Bernardino pedestrian accident attorneys that specialize in personal injury and have won over 5,000 cases. With our track record of winning more than $1 billion in settlements for our clients, we have been acknowledged as one of the top personal injury law firms in San Bernardino.
If you are interested in scheduling a free, no-obligation consultation at our San Bernardino personal injury law firm, please contact our 24/7 legal team by calling (909) 787-2178 or emailing [email protected].
Types of Pedestrian Accidents
A pedestrian is jaywalking. Jaywalking exhibits a pedestrian’s negligence. It is illegal to jaywalk because it can put you at risk of getting involved in an accident. Vehicles are not expecting you to cross the street, especially when there is no stop sign or crosswalk available. While a pedestrian may be held liable for jaywalking, a driver can share a degree of liability if he or she was intoxicated, speeding, or engaged in other reckless conduct.
A pedestrian is standing on the side of the road. This usually happens when there are no sidewalks present. In this type of situation, a pedestrian will decide to walk on the far right side of the road. The pedestrian is putting themself in a dangerous situation, especially if it is done at night. Drivers will have a difficult time noticing the pedestrian. Furthermore, poor weather conditions can make it even more difficult to notice a pedestrian while out driving on the road.
A pedestrian is crossing a highway. This usually occurs on limited-access highways or off-ramps. Those who have their vehicle break down will try to cross these roads, which is very unsafe to do. If you are experiencing vehicle issues, it is highly recommended for you to stay in your vehicle and keep your emergency lights on when waiting for help to arrive.
A vehicle is backing up. This normally occurs in parking lots. A driver has the responsibility of making sure there are no pedestrians walking behind their vehicle as they are backing up. Those who fail to take proper precaution prior to backing up may increase the likelihood of striking a pedestrian.
A vehicle is going off-road. This occurs when a driver goes off the road and crashes into a pedestrian that is on the sidewalk.
A vehicle is passing by an intersection when they are not permitted to do so. Negligent drivers may still attempt to drive under a red light even if a pedestrian is using the crosswalk. Common factors that contribute to this type of accident include speeding to avoid being late to an event, racing with another vehicle, or daydreaming.
A vehicle is not yielding to pedestrians as it is making a left or right turn. A driver is expected to give the right-of-way to pedestrians who are crossing the street on the crosswalk. Failure to do so will result in a pedestrian accident. The driver will be held liable for this collision. However, if the pedestrian crossed without getting permission to do so, then this could divide the degree of fault between the driver and the pedestrian.
A vehicle is not yielding to pedestrians walking on the crosswalk. As stated before, drivers must provide a reasonable duty of care to pedestrians. If the pedestrian is permitted to walk on the crosswalk and gets hit by a driver, the driver will be held liable for any damages.
Determining the At-Fault Pedestrian
According to California Vehicle Code 21950, a pedestrian accident attorney must consider following these laws to determine who is at-fault for causing a collision.
Drivers must always yield the right-of-way to a pedestrian who is walking on streets within a marked or unmarked crosswalk at an intersection. They are required to exercise a duty of care and reduce their speed to make sure they are not too close by.
A pedestrian should never jaywalk. This will make it difficult for drivers to find ways to avoid them.
A driver should never attempt to pass by a vehicle when it is stopped at a crosswalk. The stopped vehicle may be waiting for a pedestrian to cross.
A driver may only drive on the sidewalk when they are entering or exiting a garage or parking lot. The driver is still obligated to yield to pedestrians.
A driver should never stop within a crosswalk. This will force the pedestrian to walk around the vehicle, which puts them in a dangerous situation.
Drivers and pedestrians must be conscious of their surroundings. Even if a pedestrian is jaywalking, the driver has a duty of care to avoid hitting the pedestrian. Furthermore, pedestrians should not attempt to step onto the street when they notice a vehicle approaching. A pedestrian should also not create traffic by negligently stopping in the middle of the street or the intersection, even if they are granted the right-of-way.
Since California is a comparative liability state, more than one individual may be found liable in a collision, including pedestrians. They must obey pedestrian laws. If they choose not to, then they will be found partially liable for a collision and will have damages reduced based on their degree of fault.
On the occasion that you have suffered injuries in the city of San Bernardino because of a pedestrian accident, West Coast Trial Lawyers can assist you with recovering reimbursement for the troubles you have suffered.
To schedule a free, no-obligation consultation at our San Bernardino personal injury law firm, contact our 24/7 legal team by calling (909) 787-2178 or emailing [email protected].
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They know what they are doing, very well. Not only have I not made a single phone call since the day I hired them, but I have also received calls from their case managers and paralegals wanting to make sure my treatment was going well. The whole team took care of me. Thank you WCTL for taking full responsibility for my case and getting me an amazing settlement.