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Usually a pedestrian is injured due to negligence by a vehicle operator, including:
Many people falsely believe the myth that a driver is always at fault when involved in a vehicle on pedestrian accident. This is not true.
Negligence, and ultimately liability, is determined by a variety of factors, including:
You should treat a pedestrian accident the same way you would any other traffic accident.
1. Immediately get medical attention, even if you are uninsured.
2. Contact the police and have them generate a report.
3. Collect the name, driver's license details, vehicle and insurance information of the driver.
4. If possible, gather the names and contact information of any witnesses to the accident (very important).
5. If you are capable, take photos of the accident scene, and later, your injuries, with your cell phone.
6. Contact a pedestrian accident lawyer as soon as possible.
The best way to determine if your pedestrian accident claim has merits is to contact a qualified pedestrian accident attorney. At Sally Morin Personal Injury Lawyers, we offer a free, no risk, no obligation, case evaluation, and you can get started online.
Yes! As long as you were crossing at an intersection and not jaywalking.
California law specifically protects pedestrian right of way by mandating that drivers:
- Always stop for pedestrians in crosswalks
- Always stop for pedestrians crossing at corners
- Never pass a vehicle stopped at a crosswalk
- Yield to pedestrians when crossing a sidewalk
- Yield to pedestrians who make eye contact with you
- Allow more time for seniors, people with disabilities, and young children to cross streets
- Notice blind pedestrians
- Stop 5 feet from crosswalks
Pedestrians are, however, prohibited from walking on a roadway where a tunnel or elevated pedestrian walkway exists and from walking in bicycle lanes if pedestrian sidewalks exist.
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