Orange County Personal Injury Lawyer — avenuenorth8’s blogs

There is nothing more emotional for the family whose family member suffers a catastrophic injury that leads to paraplegia, triplegia or quadriplegia. Motor vehicle accidents If you’ve been injured in a serious motor vehicle accident such as a car accident or a truck accident, our injury attorneys will negotiate with insurance providers to ensure our […]

Orange County Personal Injury Lawyer — avenuenorth8’s blogs

California Car Accident Law: Car vs. Pedestrian in a Crosswalk

This article is a continuation of our previous topic regarding common pedestrian injuries. We’ve previously covered the issues of car and pedestrian standard of care, pedestrian injuries at intersections, vehicle speeding, and illegally parked vehicles. This article will be dealing with injuries sustained by a pedestrian while using crosswalks, walking outside a crosswalk, and walking on the side of a street.

If you have some questions regarding pedestrian injuries, or you want to discuss a case involving pedestrian injuries, feel free to contact a local personal injury attorney. Many car accident attorneys offer free consultations.

Pedestrian Crossing Within Crosswalk

Under the law, a crosswalk is defined as:

The portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.

Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.

CA Vehicle Code Section 275

The right of way is granted to a pedestrian who is crossing the street using a crosswalk. A driver must yield to a pedestrian who is using the crosswalk. Pedestrians, however, are still expected to exercise due care for their safety.

A pedestrian is well within his rights to expect that a driver will obey the law. He/she cannot be faulted for failing to anticipate that a driver will break the law. For example, say a pedestrian who uses a crosswalk sees an oncoming vehicle. The pedestrian continues to cross the street even though the car is moving at high speed. In this case, there is no negligence on the pedestrian’s part.

A pedestrian is considered to be walking within a crosswalk even if the pedestrian is walking just outside a crosswalk. A few feet difference is immaterial; the law still considers the pedestrian to be walking inside a crosswalk in this case. For example, a pedestrian who walks one or two feet outside the crosswalk is still deemed to be using the crosswalk and cannot be considered negligent.

When the crosswalk has traffic signals, a pedestrian is forbidden under the law to cross the street when the light is red. However, a pedestrian cannot be faulted if the light turns to red while the pedestrian is in the middle of the crosswalk, so long as the pedestrian crossed the road while the light was still green.

To learn more about California car accident law visit https://sacramentocaraccidentlawyer.us/ or call a California personal injury attorney for a consultation. While this article provides general information on car accidents involving pedestrians at crosswalks, there’s no replacing legal advice tailored to your specific situation.

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Motor vehicle accidents: Personal Injury Lawyers Work On Your Behalf — Tips Clear News – Most searched solutions News

Motorcycle Rider’s Duty of Care Under California Law

Motorcyclists are not exempt from California negligence law. In California, motorcycle rider’s have the same duty of care as car drivers; namely, to be a reasonably prudent driver in the same or similar circumstances. Accordingly, motorcyclists should refrain from dangerous lane-splitting and other hazardous maneuvers.

California Motorcycle Negligence Law

California imposes upon passenger-vehicle drivers, motorcyclists, truck drivers, and any other non-specialized vehicle operator the same duty of care; to drive as a reasonably prudent driver in the same or similar circumstances. Violation of that duty of care that causes injury can leave the at-fault driver liable for damages under California negligence law.

When Motorcyclists are Victims

Some people have a negative perception of motorcyclists as being dangerous on the road. That perception may have been shaped by speeding motorcyclists, lane-splitting, or other hazardous encounters with motorcycle drivers. Nevertheless, that dangerous stigma doesn’t always align with the facts of a motorcycle accident. When motorcyclists are involved in a car accident they are particularly vulnerable to injury. While car drivers have the protection of the vehicle in a car accident, motorcycle drivers have only their protective jacket and helmet. Accordingly, their injuries tend to be severe in car and truck accidents, and in many instances they are the victims of vehicle driver negligence.

Orange County Personal Injury Lawyer — avenuenorth8’s blogs

There is nothing more emotional for the family whose family member suffers a catastrophic injury that leads to paraplegia, triplegia or quadriplegia. Motor vehicle accidents If you’ve been injured in a serious motor vehicle accident such as a car accident or a truck accident, our injury attorneys will negotiate with insurance providers to ensure our […]

Orange County Personal Injury Lawyer — avenuenorth8’s blogs

Tips for Selecting Car Accident Law Firm for Representing you After an Accident — Car Accident Attorneys

Car accidents are unpredictable and can occur to anyone. Accidents happen across the globe every minute. Despite that you could employ precautionary measures, a negligent third party could expose you to the accident. Since anyone is at risk of being injured in a car accident, it is advisable to engage the services of a competent […]

Tips for Selecting Car Accident Law Firm for Representing you After an Accident — Car Accident Attorneys

FAQ: Car Accidents Involving Pedestrians At Intersections

One of the most common locations for car accidents involving pedestrians are intersections. Litigation involving pedestrian-intersection accidents often involves questions over crosswalk use, illegal right turns, and vehicle speed.

How are the liabilities of a driver and a pedestrian to be considered in a vehicular accident occurring at an intersection?

The liabilities in a case involving a vehicular accident at an intersection must be considered in light of the circumstances present; it will be on a case-by-case basis.

Is it important if the intersection had a crosswalk?

Yes, because the presence of a crosswalk means that the accident will be governed by the provision of law relating to pedestrians using crosswalks. A crosswalk could either be marked or unmarked. A driver who approaches a crosswalk, is required by law to exercise due care and reduce his or her speed. The driver must also yield to the right-of-way of any pedestrian using the crosswalk to cross the street. Failure to observe these duties can lead to a presumption of negligence and subsequent damages for the crosswalk injuries sustained by a pedestrian.

Is it necessary for a driver to sound his/her horn at an intersection?

Yes, if the circumstances demand it. It could serve as a warning to people who are not aware of the oncoming vehicle. A driver has the duty to warn people of his/her oncoming vehicle.

What if the driver makes a prohibited turn at an intersection?

In such a case, the driver may be presumed negligent via violation of the vehicle code prohibiting the act, as well as any injuries sustained by the pedestrian, so long as the prohibited turn was the proximate cause for such injuries.

How fast should a driver drive?

A driver must keep his or her speed at such a level that he or she still maintains control over the car, should there be a need to immediately slow down or stop.

Is driving within the speed limit an excuse?

Not necessarily. Driving within the speed limit is not an excuse when it is clearly shown that the driver had no control over the vehicle due to the speed. In such a case, the driver is said to have breached a duty to maintain control over the vehicle, even if the speed was within the speed limit. In short, a non-negligent speed, or appropriate speed, can be below the posted speed limit.

Can an illegally parked vehicle be a source of liability for a pedestrian’s injuries?

Yes, provided it was the proximate cause for injuries sustained by the pedestrian. As an example, here is an illustration: a driver illegally parks on the sidewalk in such a way that a pedestrian has to go around it and walk along the edge of a highway. The pedestrian is then hit by a passing vehicle. In this case, the driver or owner of the illegally parked vehicle can be held liable because if the vehicle were not parked in such a manner, then the pedestrian would not have been exposed to the possibility of injury.

Car Driver & Pedestrian Duty of Care

The basic cause of action in many car accident personal injury cases is negligence. In pedestrian vs. driver car accident cases, the lawsuit usually centers upon the driver’s alleged negligence in operating the motor vehicle. In short, the pedestrian alleges that the driver owed a duty of care to the pedestrian and breached that duty of care through action or inaction that caused injury to the pedestrian. In detailing the elements for the negligence action the plaintiff and defendant must understand an underlying issue that arises in every pedestrian car accident case: what is the duty of care of the pedestrian and driver?

What does California law expect of a driver and a pedestrian?

Both the driver and the pedestrian are expected to exercise diligence in their actions under the law. However, drivers are expected to exercise greater care than pedestrians, because the act of driving comes with the possibility of injuring a person.

Does this mean that a pedestrian is not expected to exercise care under the law?

Not necessarily. The greater care expected of a driver does not mean that the pedestrian is exempted from exercising due care. A pedestrian who does not observe reasonable care may be guilty of contributory negligence. In a scenario involving comparative negligence, both parties are at fault. Comparative negligence reduces or extinguishes the liability for damages.

What does the expectation of greater care mean for the driver?

The expectation of greater care from car drivers has led to several duties that a driver must observe while driving. One example is the duty to sound their car horn when the circumstances demand. Another duty is to not overtake a stopped vehicle that had stopped to allow pedestrians to cross. Other duties expected of a driver include the duty to obey the rules of the road and to give adequate warning of the vehicle’s approach.

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