What Can I Do If I Was Injured In A Car Accident?
Pedestrians are given the right of way in many circumstances. In marked and unmarked crosswalks or intersections, the pedestrian will always have the right of way. California Vehicle Code 21954(a) states that “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” Although the vehicle code states that no pedestrian may jaywalk across the street, they may do so if they believe that they are not presenting any immediate danger to themselves or others. The motorist should be able to see the jaywalker and have enough time to stop in case of an accident.
57% of motor incidents against pedestrians end in serious injuries. Most pedestrians struck by motor vehicles are entitled to paid medical expenses, lost wages, and compensation for any emotional distress caused by the accident. Common injuries for slow-moving vehicle accidents are:
- Traumatic Brain Injury (TBI)
- Back and shoulder injuries
- Scarring
- Neck and spine injuries, and in some cases paralysis
- Broken bones
When a person is struck by a moving vehicle, their bodies take the full impact. All the force is exerted onto the person, while the vehicle is usually minimally damaged. Vehicles going at a high rate of speed typically end in death, and in some cases leave the pedestrian paralyzed. To claim benefits from your accident, you must file the claim with the driver’s insurance provider. Pride Legal’s experienced network of auto accident attorneys are always available to assist you with all of your needs regarding sending any claim files as well and any lawsuits.
Have You Been Injured In a Car Accident?
In California, citizens believe that pedestrians always have the right of way when crossing the street. According to the California Vehicle Code 21950, drivers “shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” For example, a person could be walking through a street and a car hits that person. Would the driver be at fault? Due to the ambiguity of the law, the answer depends on the circumstances. If the driver had enough time to notice and react to the pedestrian but failed to do so, the driver would be at fault.
Pedestrian accidents account for 22% of motor vehicle incidents. Whether the driver was texting, not paying attention, or even drunk, motor accidents have been the number one cause of death for Americans under the age of 30. Motorists have the right of way in most instances. For example, if a person trying to hold up traffic to jaywalk across the street, the motorists will have the right of way. The California law states that “No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.” This law is stating that a pedestrian may not cross a road that presents an immediate hazard to themselves or others. A person who willingly walks onto a street while there are cars close by will result in the pedestrian being at fault.
Contact Pride Legal
If you or a loved one has been involved in a car accident, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
