Ask a California Personal Injury Attorney: Who is at Fault for a Pedestrian Accident that Takes Place at a Crosswalk?
Crosswalk accidents have the potential to be quite dangerous, just like any accident when a car strikes a pedestrian. One of the largest concerns is that the pedestrian could fall and bang their head on the pavement, which could cause a major brain injury in addition to the harm from the actual collision with the vehicle.
At first glance, it might seem sense to blame the driver in every collision that occurs in a crosswalk. Liability in these kinds of events, however, can actually be more difficult to determine. Here are four different ways that liability for a crosswalk accident might be divided. Contact Law Offices of Fernando D. Vargas at 909-982-0707 if you require a free legal consultation.
The driver might be at fault
Drivers must stop for pedestrians in marked crosswalks and at junctions, according to California law. Sadly, sometimes motorists are negligent and end themselves in accidents because they fail to pay attention to pedestrians. This frequently occurs when vehicles are trying to make a left turn at a junction. They wind up being so preoccupied with looking for a gap in the approaching traffic that they forget to keep an eye out for pedestrians crossing the street.
The pedestrian might be at fault
Sometimes people make the mistake of thinking that they are safe as long as they are in a crosswalk that is clearly marked. The truth is that just because there is a crosswalk does not mean that pedestrians have the right of way. They are still in charge of crossing the street safely and yielding to approaching vehicles as necessary.
A crosswalk mishap may be attributed to a pedestrian if:
- At a stoplight, they entered a crossing before receiving the “walk” signal or before the light turned green in their favor
- When the light changed, they did not make way for the vehicles that were already in the junction
- When there was a crosswalk, they would step out in front of the traffic so that the motorist would not have time to yield to them
Both parties could be partially at fault
It is possible for numerous persons to share responsibility for a California traffic accident depending on their involvement in its cause. For instance, a pedestrian might have begun to cross the street without first checking both directions when a speeding car struck them. Both parties could be seen to have contributed to the accident’s cause because they both made errors.
The government could be liable
In rare instances, the government may be held liable for accidents that occur in crosswalks if known unsafe junctions are not fixed. A case of this nature was resolved last month. Due to the failure to install a signal to make the intersection safer, the city of Los Angeles ultimately had to pay $15 million to the family of two girls who were struck while crossing the street.
Concerned about a crosswalk accident?
In order to establish liability in a pedestrian collision at a crosswalk, make sure to speak with an expert lawyer. Calling 909-982-0707 will allow you to set up a free initial consultation with Law Offices of Fernando D. Vargas right now.