Pedestrian accidents are on the rise across the country. Just last week, an 82-year old woman
was struck and killed while attempting to cross a San Diego intersection.
As this accident highlights, there are no guarantees, at intersections
or even designated crosswalks, that an oncoming driver will see you and
stop in time to allow you to cross safely.
Under California law, both the driver and the pedestrian have certain responsibilities.
Pursuant to California Vehicle Code Section 21950:
- 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.
- However, this does not relieve a pedestrian from the duty of using due
care for his or her safety. No pedestrian may suddenly leave a curb or
other place of safety and walk or run into the path of a vehicle that
is so close as to constitute an immediate hazard. No pedestrian may unnecessarily
stop or delay traffic while in a marked or unmarked crosswalk.
- The driver of a vehicle approaching a pedestrian within any marked or unmarked
crosswalk must exercise all due care and reduce the speed of the vehicle
or take any other action relating to the operation of the vehicle as necessary
to safeguard the safety of the pedestrian.
If you have been involved in a pedestrian accident, it is imperative to
consult with an experienced personal injury attorney. In fact, you should
contact a lawyer before speaking with your insurance company and making
any official statement regarding the accident.
If you were seriously injured in a pedestrian accident, don’t hesitate to
contact a San Diego personal injury attorney at the Law Offices of Robert Vaage
for a free consultation.