Sacramento Pedestrian Accidents & Crosswalks
When an accident occurs involving a motor vehicle and a pedestrian, the determination of who is at fault will normally require careful consideration of the facts and circumstances of the incident. However, because California uses a pure comparative negligence system, in most cases, a pedestrian who is hurt by a car will be able to recover for at least some of his losses. It is rare for one of these incidents to arise without some carelessness on the part of the involved driver.Negligence Rules in California
Generally, both pedestrians and drivers have a duty to obey traffic laws, signs, and signals. Drivers must remain within the posted speed limit, drive on the proper side of the road and within the proper lanes, pay attention to the road, and avoid distractions such as cell phone calls and text messages.
In addition, pedestrians must exercise ordinary care to avoid injury. They must look for on-coming traffic before stepping into the street and make reasonable efforts to avoid an accident. Both drivers and pedestrians have a right to presume that the other people they encounter on the road will perform their duties and obey the law.
One common theme in pedestrian accidents involves crosswalks. Some mistakenly presume that a driver is blameless if a pedestrian does not use a crosswalk properly or violates some basic safety protocol. But, in every injury case, the totality of the circumstances must be considered. Like not using the crosswalk, any single factor does not mean a pedestrian cannot recover for their losses.
If you or a loved one have been injured in an accident and would like to discuss your legal options with an experienced Sacramento Personal Injury Attorney, call us at 916.921.6400 to set up a free consultation.
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- Who is at Fault when a Car Hits Someone who is Working in the Street?
- Who is at fault when a car strikes a pedestrian crossing outside a crosswalk?
- If a pedestrian is struck by a vehicle at night, with no witnesses, how is it determined who was at fault?