If you injure in accidents involving pedestrians due to the fault of another. Then California law may give you the right to recover compensation for your losses. Pedestrian accident claims are quite contesting, however, and may involve difficult questions relating to each party’s contribution of the fault and right-of-way considerations, among various other issues.
Before you proceed with litigating your pedestrian accident claims. It can be helpful to understand the essential liability elements that sit at the core of the dispute. As such, let us take a moment to explore some of the fundamental issues around which many pedestrian accidents claim.
Right-of-way is central to the issue of liability in the pedestrian accident context. If a pedestrian has the right-of-way, and a motor vehicle violates the right-of-way and collides with the pedestrian (causing injuries), then liability may attach.
As an initial matter, it’s noted that pedestrians do not have the right-of-way at all times. The right-of-way may change depending on the circumstances. In California, for example, Accidents Involving Pedestrians person have a right-of-way to move across a roadway at any marked or unmarked crosswalk. Now if the pedestrian attempts to leave the curb and walk into the path of a motor vehicle (where doing so would constitute an immediate hazard). Then the pedestrian loses their right-of-way.
A right-of-way is not a guarantee of liability, however. Even with the right-of-way, a pedestrian expects to consider the circumstances. And they react responsibly to ensure their safety.
For example, if a pedestrian is about to move through a crosswalk, but can see that a driver is approaching at full speed. Then they must take that into account and avoid making their way through the crosswalk. If the pedestrian moves through the crosswalk despite the risk of injury. Then they can understand contributorily negligent.
Some crosswalks are uniquely hazardous, whether due to the particularities of their design or due to poor maintenance. If you injure while using a crosswalk, sidewalk, or another pedestrian-related element of the property. And some defects of the property contributed to your injuries. Then you may have an actionable claim for damages against the property owner.
Suppose, for example, that you are attempting to make your way through a crosswalk on a busy road. The crosswalk has a system in which the pedestrian presses a button, then receives a “go” signal, which serves as a notification that they can safely move through the crosswalk.
Imagine, however, that the equipment is not adequately maintained. As a result of this inadequate maintenance, the “go” signal does not activate the “red light” for incoming traffic. Under such circumstances, a pedestrian might make their way through the crosswalk believing that they protect, when in fact they expose to an excessive risk of harm.
Another area of property hazards is injuries caused by fallen trees. At Prestige Law Firm, we have seen an increase in clients with injuries from falling trees. Often, homeowners don’t properly maintain their trees or, after having notice of its dangerous condition, choose to do nothing. If you injure by a fallen tree, you have rights. Please contact one of our knowledgeable attorneys for a free consultation. We also work with the best expert arborists who have extensive knowledge of trees that are prone to droughts and falling.
We have the background and expertise necessary to provide effective representation at every stage of a Accidents Involving Pedestrians dispute.
At Prestige Law Firm, our attorneys have spent decades advocating on behalf of injured pedestrians who have suffered harm. Due to a negligent or reckless driver, or in situations where the property itself was poorly designed, maintained, or otherwise exposed to an unreasonable risk of injury. Our experiences have afforded us crucial insight into the tactics employed by opposing counsel. And have helped us to identify ways in which we can overcome their arguments.
Are you ready to move forward with your claims? Call 818-788-0808 or send us a message online to schedule a free, confidential, and no-obligation consultation with a skilled Los Angeles car accident attorney at our firm.
