PEDESTRIAN ACCIDENTS
Personal Injury Attorney in Stockton
Have you been injured in an auto accident? Contact injury attorney in Stockton at Sadiq Law Firm, P.C. for help today!
A driver can severely disable a pedestrian even by driving only 10 miles per hour. If a car hits a pedestrian at a speed of over 30 miles per hour, that pedestrian can have serious injuries and fatalities. After seeking medical help, contact the police, medical care providers, auto insurance providers and an expert attorney who can make sure you will be compensated fairly. When you are at the scene of the accident, avoid talking extensively with the friends or family members and admitting fault.
Determining who is at fault is often the biggest question and is easiest to determine with an expert lawyer. Keep in mind, the driver or the pedestrian could be at fault. Fault is determined by the law of negligence. Meaning, the person who fails to exercise a reasonable standard of care under the circumstances may be considered “negligent”. If, for example, the pedestrian is crossing the street illegally while the driver is traveling faster than the speed limit, the pedestrian could be found at fault. This varies state by state, so it’s always a good idea to consult with an attorney.
Dealing with the police and insurance companies aren’t always so pleasant and definitely adds more stress in your life. At the scene of the accident, the police will take statements from the driver, pedestrian, and witnesses to determine who was at fault. They may make a decision on the spot or there may need to be a detailed investigation to make the finding.
Auto insurance companies may dispute what law enforcement decides and they will typically send an adjuster to the scene or view the damage to the person and property after the accident has occurred. Injured pedestrians are usually covered under their health and disability insurance policies and can usually file a claim against the driver’s or vehicle owner’s auto liability insurance policy. Nearly all states require that vehicle owners and drivers carry liability insurance to cover personal injuries to third parties and damage to third parties’ property. Any compensation or recoveries are dependent on whose fault the accident was so make sure to contact an attorney who is experienced with negligent pedestrian accidents.
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For more than 15 years, Sadiq Law Firm, P.C. has protected the rights and interests of victims of all types of injuries. We have the resources and dedication to get you the compensation you deserve. Call us at (209) 943-0000 to speak with an injury attorney in Stockton today.
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California Laws Applicable to Pedestrian Accidents
Pedestrian accidents in California are governed by a combination of state laws and local ordinances. These laws are designed to protect pedestrians and ensure their safety on the road.
Here are some key California laws applicable to pedestrian accidents:
- Right-of-Way: California Vehicle Code Section 21950 states that drivers must yield the right-of-way to pedestrians in marked and unmarked crosswalks at intersections. Pedestrians have the right-of-way in these situations.
- Crosswalks: Pedestrians should use crosswalks when available. Jaywalking, or crossing the road outside of a crosswalk when one is nearby, is illegal in California.
- Traffic Signals and Signs: Pedestrians are required to obey traffic signals and signs that apply to their movements. For example, they should only cross the road when the pedestrian signal indicates it is safe to do so.
- Flashing Yellow Lights: Drivers should yield to pedestrians in crosswalks when the pedestrian signal is flashing yellow, indicating that pedestrians are preparing to cross or are already crossing.
- Use of Sidewalks: Pedestrians are generally required to use sidewalks when they are provided. If there is no sidewalk, pedestrians should walk on the left side of the road, facing traffic.
- No Walking on Highways: It is typically illegal for pedestrians to walk on freeways or other highways where pedestrian access is prohibited.
- Duty of Care: Drivers have a duty to exercise reasonable care to avoid colliding with pedestrians. This includes driving at safe speeds and being attentive to the road.
- School Zones: Drivers must exercise extra caution in school zones, where children are likely to be walking. Lower speed limits are often posted in school zones.
- Pedestrian Under the Influence: Just like with driving under the influence, it is illegal for pedestrians to be under the influence of alcohol or drugs while walking on the road. This can lead to penalties.
- Shared Use Paths: Bicycles and pedestrians may share certain paths. Bicycles should yield to pedestrians, and pedestrians should stay to the right side of the path.
- Electric Scooters: Laws regarding the use of electric scooters by pedestrians can vary by locality. In some areas, they may be allowed on sidewalks, while in others, they may be restricted to bike lanes or streets.
- Crossing Guards: Drivers must obey the directions of school crossing guards when they are assisting pedestrians in crossing the road.
Contact Injury Attorney in Stockton TODAY
For more than 15 years, Sadiq Law Firm, P.C. has protected the rights and interests of victims of all types of injuries. We have the resources and dedication to get you the compensation you deserve. Call us at (209) 943-0000 to speak with an injury attorney in Stockton today.