Southern California Injury Lawyer Blog
Pedestrian accidents and fatalities are unfortunately a common occurrence on California roads. Aggressive or careless drivers who speed near intersections or otherwise violate a statute put others at risk of severe harm. Victims hurt in a pedestrian accident can file a civil lawsuit to pursue damages from the at-fault driver. By proving the other driver failed to meet their duty of care and did not drive reasonably under the circumstances, a victim may present a strong claim for compensation.
According to the California Vehicle Code, pedestrians are entitled to safe travel and access to roads. Drivers are required to yield the right of way to pedestrians who are crossing the roadway within a marked crosswalk. Motorists are also required to yield when pulling out of a parking lot or a driveway. However, the law also states that pedestrians must use due care for their safety, and they cannot unnecessarily stop or delay traffic while in the crosswalk. In a legal claim for damages, a pedestrian deemed to have contributed to their injuries may find their recovery reduced by their percentage of fault.
Recently, in Santa Ana, a 71-year-old woman was fatally struck by a vehicle while crossing at an intersection that had repeated safety issues. According to a news report in The Orange County Register, this pedestrian accident occurred in downtown Santa Ana. Civic Center Drive and Lazy Street are part of the Santa Ana Downtown Complete Streets Plan. The City has been looking into traffic collision patterns with the goal of eliminating severe and fatal traffic-related injuries.
A crossing guard had been assigned to the intersection on weekday mornings and afternoons. However, in the case of this fatally struck older woman, the driver had failed to yield. He was driving a Toyota Tacoma pickup truck and could face legal charges of vehicular manslaughter, since his actions resulted in the death of the victim.
While the intersection at issue has a 25 mph posted speed limit, the area has a history of speeding drivers. The city has been working to address safety hazards, and a nearby intersection has a blinking school crosswalk sign. The specific safety treatments that may help address safety in this area include adding curb extensions and a roundabout.
At Sharifi Firm, we help families grieving after the loss of a loved one in a pedestrian accident due to the careless or reckless behavior of a driver. Throughout Southern California, our pedestrian accident lawyers have helped clients seek monetary compensation for their harm following a car accident. Our dedicated attorneys are here to help and provide a free, confidential consultation. We can be reached by calling (866) 422-7222 or online. Reach out today to begin the process of understanding your legal rights.
More Blog Posts:
California Court Holds in Favor of Injured Plaintiffs, “Trail Immunity” Does Not Extend to Public Golf Course that Causes Injuries to Pedestrians Nearby, Southern California Injury Lawyer Blog, June 15, 2017
California Law Proposes “Idaho Stop” for Bicyclists Approaching Intersection in Effort to Reduce Accidents, Southern California Injury Lawyer Blog, May 15, 2017