Auto Vs Pedestrian
As a pedestrian, you face a significant risk when walking near or across roadways. The Governors Highway Safety Association reported that in 2017, there were an estimated 6,000 pedestrian deaths in the United States, with California ranking 15th in pedestrian death rates.
If you have been injured as a pedestrian, California law may give you a valid claim for damages against the driver who hit you. Drivers have a responsibility to exercise due care while on the roadway, and their failure to do so can result in significant liability. However, it’s important to note that Auto vs Pedestrian accident disputes are more complex than they initially appear. Right-of-way issues often complicate the dispute and can make or break the success of your claim.
Right Of Way
The fundamental issue in these disputes is right-of-way. In California, and elsewhere, right-of-way is granted dynamically to either the pedestrian or the driver, depending on the circumstances. Pedestrians have the right-of-way when going through crosswalks (marked and unmarked). Vehicles have the right-of-way otherwise. Crossing a street without the right-of-way may shield the defendant from liability, as they can argue that they could not have reasonably foreseen the pedestrian on the roadway. It’s important to note that no matter which party has the right-of-way, each must exercise reasonable care when utilizing the roadway. Failing to adapt to the circumstances and make oneself safe will likely be considered negligence. If you have questions or concerns about your specific circumstances, contact a Los Angeles pedestrian injury lawyer at Source Legal Group today.
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