In Sacramento County, frequent victims of car accidents are pedestrians. Pedestrian car accidents result from pedestrians run-over by a vehicle or crushed into another vehicle or object, such as buildings or another car. If you are a pedestrian accident victim, call personal injury attorney Jin Kim at (916) 270-6880 for a free consultation.
The law expects both driver and pedestrian to exercise diligence in their actions. However, the law expects greater care from drivers since driving a car can lead to injuries if done with a lack of care.
A pedestrian, however, is not relieved from exercising reasonable care. A pedestrian who fails to observe this is guilty of comparative negligence. Comparative negligence exists when both parties are at fault or negligent. Its effect is that the reduction of the damages to be awarded.
The expectation of greater care from drivers has led to several drivers’ duties while driving. For example, drivers have a duty not to overtake a vehicle that has stopped to allow pedestrians to cross. Other duties expected of a driver include obeying the road rules and giving adequate warning of the vehicle’s approach.
I help clients secure financial compensation for their injuries. Specifically, I help injured clients recover compensation from insurance companies, negligent drivers, and other liable parties.
The first step to financial recovery is a free consultation. Call my office at (916) 270-6880 Monday – Saturday from 8 AM to 6 PM to learn more about your personal injury rights and damages.
Pedestrian injuries at intersections are very common. The liability of the driver and pedestrian must be considered in light of the circumstances surrounding the incident.
An important question is: Does the intersection have a crosswalk? The crosswalk can be either marked or unmarked. When a driver approaches a crosswalk, the driver must reduce their speed and yield the right-of-way to any pedestrian crossing the street. A driver who does not observe this rule-of-the-road might be liable for damages if their actions were the proximate cause of the pedestrian’s injury.
When turning at an intersection, a driver must also sound the horn when the circumstances demand it. When he makes a sudden turn at the intersection, it may be necessary to warn people of the oncoming vehicle.
A driver might be liable if the turn violated a law or ordinance. For example, a driver who hits a pedestrian while making a right turn is liable when a local ordinance prohibits a right turn at that particular intersection.
Drivers must maintain a rate of speed that allows them to maintain control over the vehicle. Although a driver is within or under the speed limit, this duty of care is not satisfied. If he lacked control over the vehicle due to speeding and if his actions were the proximate cause of the victim’s injuries, the driver still failed to observe the duty of care.
The owner and driver of an illegally parked or stopped vehicle can still be liable for damages even if the vehicle did not directly hit the injured pedestrian. For purposes of liability due to negligence, it is enough that the illegally parked vehicle was only the proximate cause of the pedestrian’s injury.
To illustrate: A driver illegally parks on the sidewalk in a way that would force a pedestrian has to go around it and walk along the edge of a highway. The passing vehicle then hit the pedestrian. The illegally parked car’s driver or owner can be held liable. If the driver parked his car properly, the pedestrian would have walked on the safe side.