Pedestrian Accidents

Statistics show that about 4,300 pedestrians are killed each year in traffic accidents, and another 69,000 pedestrians are injured.  Most pedestrian accidents occur in urban areas (72 percent), at non-intersection locations (76 percent), in normal weather conditions (89 percent), and at night (70 percent). What are your rights as a pedestrian?
Marked and Unmarked Crosswalks – Pursuant to Vehicle Code Section 21950, a driver must yield the right-of-way to pedestrians “within any marked crosswalk or within any unmarked crosswalk at an intersection.” So, a pedestrian using an “unmarked crosswalk at an intersection” is afforded the same protection as if he or she was using a “marked crosswalk.”
Pedestrians Struck on Sidewalks – Many times, a motorist entering or exiting a shopping center or a parking lot is in a hurry or not paying attention, and ends up striking a pedestrian in the sidewalk. Pedestrians on sidewalks are given the right-of-way under Vehicle Code Section 21952.
Vehicles Stopped at Crosswalks – Sometimes, a driver fails to see a pedestrian in the crosswalk because a car stopped at the crosswalk blocks the driver’s view. Under Vehicle Code Section 21951, when a vehicle has stopped at a marked or unmarked crosswalk at an intersection to permit a pedestrian to cross the road, any motorist approaching from the rear must “not overtake and pass” the stopped vehicle.  So, drivers approaching such intersections need to slow down and be aware of possible pedestrians crossing.
Children – Courts have ruled that a driver of a vehicle owes a higher degree of care toward children who are pedestrians.  This is especially so in areas where one expects children to be present, such as residential areas, parks, playgrounds, schools and apartment buildings.
Insurance Companies’ Typical Defense Tactics – The typical argument used by insurance companies of drivers involved in pedestrian accidents is that the victim “darted” out in front of the moving vehicle.
Physical and Emotional Injuries – Pedestrians involved in accidents generally suffer physical and emotional injuries. Physical injuries can be severe because the pedestrian is usually not protected.  Such injuries range from torn cartilages requiring surgery, broken bones and head injuries, to soft tissue injuries such as neck and back strains and sprains.  Additionally, such victims suffer from emotional stress, including panic attacks, anxiety, depression and insomnia.
For more information, please call The Mason Law Firm at 661-476-5678 or email mason@mrscvlaw.com.