Understanding Your Rights As A Pedestrian
When a pedestrian is hit by a car, the damage is often severe, or even fatal. At The Mason Law Firm, we represent many clients throughout the north Los Angeles metro who were injured or lost a loved one due to a pedestrian accident. You have rights as a pedestrian, and you deserve compensation for your injuries.
According to statistics compiled in 2018 by the National Highway Traffic Safety Administration, 6,283 pedestrians died in traffic accidents in the United States. More than 130,000 additional pedestrians suffered injuries in motor vehicle accidents during the same time span. Given these staggering numbers, you may be wondering, “What are the rights of pedestrians in motor vehicle accidents?”
Pedestrians Using Marked and Unmarked Crosswalks
Various California Vehicle Code sections protect the rights of pedestrians. California Vehicle Code, Section 21950, deals with pedestrians in crosswalks. Pursuant to said section, a driver must yield the right-of-way to pedestrians “within any marked crosswalk or within any unmarked crosswalk at an intersection.” Hence, under the law, a driver must afford a pedestrian using an “unmarked crosswalk at an intersection” the same protection as if he or she was using a “marked crosswalk.”
Children Require More Care
In California, courts have held that a driver of a vehicle owes more care toward children who are pedestrians than adult pedestrians. This is especially so in areas where drivers should expect children to be present, such as residential areas, parks, playgrounds, schools and apartment buildings.
Insurance Companies’ Typical Defense Tactics
The typical argument used by insurance companies of drivers involved in pedestrian accidents is that the victim pedestrian “darted” out in front of the moving vehicle and should be partially, if not fully, at fault for the accident. We know how to combat the insurance companies and fight for your rights.
Physical And Emotional Injuries
Pedestrians involved in motor vehicle accidents generally suffer both physical and emotional injuries. Physical injuries can be very severe because the pedestrian is not protected and is struck by a vehicle traveling at a high rate of speed. Personal injuries in these cases can range from torn cartilages requiring surgery, neck and spine injuries, broken bones and head injuries, to soft tissue injuries such as strains and sprains.
Additionally, victim pedestrians can suffer from emotional stress, including panic attacks, anxiety, depression and insomnia. No matter what type of injury you sustain in an accident, always seek immediate medical attention.
Because of the defenses utilized by the driver’s insurance company and the severity of the injuries you may suffer, you should contact an experienced personal injury attorney who can protect your rights as soon as possible. If you lost a loved one, we can help you file a wrongful death claim.
What Should You Do Next?
Please give us a call. We will provide you with an honest assessment and educate you as to your options. Schedule your free consultation by calling our Valencia office at 661-270-5677 or contact us online. Se habla Español.