Learn about 4 possible ways liability might be assigned in a crosswalk accident
Like any accident that involves a vehicle striking a pedestrian, crosswalk accidents have the potential to be extremely dangerous. In addition to the injury caused by the actual impact with the vehicle, one of the biggest risks is that the pedestrian could hit their head on the pavement as they fall, potentially resulting in a serious brain injury.
At first, it might seem reasonable to assume that the driver is always at fault in a crosswalk accident. But in reality, liability in these kinds of accidents can be more complicated. Here are four possible breakdowns of liability for a crosswalk accident.
Driver at Fault
Under California law, drivers are required to yield to pedestrians, both in marked crosswalks and at intersections. Unfortunately, sometimes drivers fail to watch out for pedestrians and end up causing accidents. This often happens when drivers are attempting to turn left at an intersection. They end up so focused on watching for a gap in oncoming traffic that they fail to also watch for pedestrians on the cross street.
Pedestrian at Fault
Sometimes people fall into the trap of believing that as long as they are in a marked crosswalk, they are safe. The reality is, pedestrians do not automatically have right of way just because there is a crosswalk. They are still responsible for yielding to oncoming vehicles as appropriate and using the crosswalk safely.
A pedestrian might be found at fault for a crosswalk accident if:
- They entered a crosswalk at a stoplight before they got the “walk” signal or before the light changed in their favor
- They failed to yield to drivers who were already in the intersection at the time that the light changed
- They stepped out in front of traffic at any crosswalk so that the driver did not have time to yield to them
Shared Liability
In any kind of California traffic accident, it is possible for multiple parties to share liability according to their role in causing the accident. For example, perhaps a pedestrian started to cross the street without first looking both ways, and then a speeding car hit them. Since both parties made mistakes, they could both be said to have a role in causing the accident.
Government at Fault
In rare cases, the government can have liability for crosswalk accidents when they fail to remedy known dangerous intersections. One such case was settled last month. The city of Los Angeles ended up paying $15 million to the family of two girls who were struck in a crosswalk because the city failed to install a signal to make the intersection safer.
Need Help with a Crosswalk Accident?
If you have been injured in a pedestrian accident at a crosswalk, be sure to consult an experienced attorney for help determining liability. You can schedule a free initial consultation with Fernando D. Vargas right now by calling 909-982-0707.
