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Pedestrian Accident | Statistics
According to California’s Department of Motor Vehicles, pedestrian accidents occur in approximately 22% of all traffic fatalities. The DMV relates some of these deaths to the motorist’s failure to yield the right-of-way to pedestrians.
Pedestrian Accident | California Law
A pedestrian’s “right-of-way” is defined as their privilege to the immediate use of the road or crossing. When the law requires the driver to yield the right of-way to a pedestrian it means that the driver must let the other pedestrian go first. A driver must respect the right-of-way of a pedestrian. Failure to yield the right-of-way to a pedestrian is negligence.
Pedestrian Accident | Duty of Care
The duty to use reasonable care does not require the same amount of caution from drivers and pedestrians. While both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use care more than pedestrians.
The following is a list of certain scenarios where according to the DMV, a driver has an elevated sense of due care to avoid a collision:
- At Crosswalks: Always stop for any pedestrian crossing at corners or other crosswalks even if the crosswalk is in the middle of the block;
- Near Stopped Vehicles: Do not pass a vehicle stopped at a crosswalk. A pedestrian you cannot see may be crossing the street;
- On Sidewalks: When crossing a sidewalk, always yield to pedestrians; and,
- Allow older pedestrians, disabled pedestrians, and pedestrians with young children sufficient time to cross.
Respecting the right-of-way of pedestrians is not limited to situations such as yielding to pedestrians in crosswalks, or other controlled intersections. Even if the right-of-way belongs to the driver, a driver has a duty to avoid a collision if all things considered (i.e. speed, traffic and road conditions, and lighting) they can or should have avoided a collision with a pedestrian.
Ordaz Law, APC | Pedestrian Accident Attorney
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a pedestrian accident attorney in San Diego County. We helped pedestrian victims suffering from a variety of injuries, who have sustained their injuries through different types of vehicle collisions. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego pedestrian accident attorney.
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Blog: Personal Injury
Blog: Pedestrian Accidents
Pedestrian Accidents | Personal Injury
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