Pedestrian Accidents
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California Pedestrian Laws and Right Of Way Misconception
“A good friend of mine was injured in an accident where he was riding his bicycle and he was hit by a driver on his cell phone. The insurance wanted to settle for a very low amount however Samin was able to obtain a great settlement for him which covered all his medical expenses and gave him a good deal of money for pain and suffering. She got him a new bike too!!!”
The Law in California
According to California Vehicle Code, a driver must observe the following laws in relation to pedestrians:
The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
Do not pass a vehicle stopped at a crosswalk, as that person may be stopped to allow a pedestrian to cross.
You may only drive on the sidewalk if entering or exiting a garage/alleyway, and even then, you need to yield to pedestrians.
Don’t stop in a crosswalk, as this puts pedestrians who have to walk around your vehicle in danger.
A pedestrian may never jaywalk, and if a car gets in an auto accident because they’re avoiding a jaywalker, the pedestrian would be held responsible.
The rules concerning blind pedestrians are that if the person pulls their cane inward and steps away from the curb, then they are not looking to cross. They rely on the sound of the cars to tell how close they are, so stop within five feet of an intersection and do not give verbal instructions.
The penalty to drivers for failing to yield the right of way to pedestrians is a minimum of $220 if it causes an injury. The penalty for failing to yield to a blind pedestrian is much stricter and is subject to a maximum $1,000 fine and six months in prison or both.
What To Do If You Are in a Pedestrian Accident
First, make sure that you are okay. If you’re able, try to document everything that you can. You should take pictures of any signs and gather witness statements. Most importantly, call the police. Filing a police report is crucial, so your first step should be calling the police. If you or any witnesses were able to obtain the license plate number or the make and model of the at-fault vehicle, that can go a long way in terms of catching a hit and run driver.
Documenting the scene is always important, but it becomes even more so if there is an argument over who was at fault. Noting any stop or yield signs, crosswalks, traffic signals, or the driver’s speed can all help in case the driver tries to pin the blame on you, the pedestrian.
Sometimes an injury may not make itself apparent until hours or even days later, so even if you do not thinkyou are injured, seek immediate medical attention. If you end up seeking a settlement, waiting to receive medical treatment can affect your compensation, as insurance companies will always argue that your injury must not have been that serious if you waited to get treatment. Moreover, you have the duty to mitigate your damages and thus, seeking medical treatment immediately and/or soon after the accident, is highly important. Make sure you tell your doctor how you were injured so that the cause and description of the accident is documented.
You Pay Nothing Out of Pocket to Retain Our Services
We handle all aspects of your case from the initial investigation to securing the necessary medical treatment and ultimate financial recovery. We do not charge hourly rates, and we only get paid if we recover for you.
Our top priority is your physical recovery. We understand the serious financial and physical harm an accident can cause. It is important to have a team of qualified medical doctors to get you the necessary care to allow you to recover. We will secure the best specialists in your area so you can get the necessary care in order to recover.
In addition to recovering substantial settlements for our pedestrian accident victims, it is our point of pride that all clients are treated with respect and care just as though they are family. The team at Monarch Law Group understands the agony, heartache, and hardships suffered by those injured in pedestrian accidents. We take great pride in taking care of our clients. We believe that every client deserves the utmost respect and care that would be given to an injured family member. Our legal team is made up of talented like-minded attorneys, paralegals, and law clerks.
Experienced Representation
We are trial tested, experienced, and truly passionate about our work. We have devoted our careers to delivering exceptional legal representation to victims of accidents. We take on small and big cases and treat all with the same respect and dignity.
We ask our clients to concentrate on one thing and that is getting better and recovering while we handle the rest. In addition to your health and physical recovery, we will fight the insurance carriers to get you the financial recovery you deserve. Please give us a call today so we can set up a free consultation and give you the peace of mind and comfort you need to begin your recovery.
Contact Our Seasoned California Pedestrian Accident Attorneys
If a lawsuit becomes necessary in order to recoup damages, it’s important to hire an experienced attorney for your case, like the professionals at Monarch Law Group who can ensure that the insurance companies give fair compensation. We offer free and confidential case evaluations and serve clients in Los Angeles, Orange County, Riverside, San Bernardino, San Diego, and all across Southern California