There is no getting around the fact that Californian roadways are among the most accident-prone in the nation. Fatal accidents involving pedestrians appear to occur daily. The fact that so many people lack legal knowledge may be one factor contributing to the problem. They are unaware of when pedestrians and when vehicles have the right of way. If you’ve been hurt in a pedestrian collision, continue reading to learn more about the law before calling Law Offices of Michael A. Kahn at (310) 209-1600.
Pedestrians have the right of way in many situations
Section 21950 VC of the California Vehicle Code specifies when pedestrians have the right-of-way. It states that if a pedestrian is crossing the roadway at a designated crosswalk or an undesignated crosswalk at an intersection, any vehicle on the road must yield to them. The consequences of a car failing to yield to a pedestrian may be disastrous.
Pedestrians are also obliged to proceed with caution
A pedestrian does have some obligation if they are about to cross the street but haven’t done so yet. A pedestrian cannot “suddenly leave a curb or other area of safety” and step into the path of an automobile or another vehicle, according to the legislation, which isn’t quite obvious in this case. The pedestrian may be at blame for a pedestrian collision if they do so and create what the Vehicle Code refers to as a “immediate hazard.”
There are two things we know about this even though it’s not totally apparent. It first means that a pedestrian should only cross the street at an intersection or at a clearly marked crosswalk. The second implication is that before crossing the street, pedestrians must use caution and turn in both directions. It would be dangerous for them to cross the street if they could see cars coming or traffic moving.
Vehicle right-of-way situations
Pedestrians don’t always have the right of way in California. If there is no crosswalk and there is no intersection, a pedestrian must yield to oncoming traffic. As a result, only when they are at an intersection or a clearly marked crosswalk do pedestrians actually have the right of way. Anywhere else, they have to let automobiles go first.
Failure to comply with California right of way laws could be considered negligence
It is unlikely that someone will be able to plead ignorance of the relevant right of way legislation as a defense in court if they are involved in a pedestrian collision. Instead, it is the duty of both drivers and pedestrians to comprehend the rules governing right of way. They may be held accountable if they cause an accident as a result of breaking those laws.
You can be entitled to financial compensation for your losses if a pedestrian accident caused your injuries or if one caused property damage. For a free legal consultation, call Law Offices of Michael A. Kahn at (310) 209-1600.
