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Pedestrian Accidents: Who's to Blame?

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.