Walking is one of the best modes of transportation. It is healthy, free, and great for the environment. The only real downside to walking is that pedestrians are at risk of injuries from bicyclists, drivers, and other motor vehicle operators. When these accidents occur, the pedestrian is almost always the one who loses. Pedestrian wrecks with motor vehicles often result in severe injuries or even death.
If you or a loved one have been in a pedestrian accident, you may be entitled to compensation for your injuries. The person who injured you may be responsible for medical bills, lost wages, pain and suffering, and more. To find out what type of damages may be available, you should talk to a San Jose pedestrian accident lawyer from Valero Law Group. Our skilled personal injury attorneys can evaluate your claim and tell you how to proceed.
Traffic Rules for Pedestrians
In some places, pedestrians always have the right of way. California is not one of those places. Drivers have to yield the right-of-way to vehicles in certain areas, but pedestrians also have the responsibility of following right-of-way rules.
Pedestrians do have the right of way in crosswalks. A crosswalk is any crossing at an intersection or elsewhere that is marked by white lines. When the pedestrian has not entered a crosswalk, they should wait to do so instead of stepping in front of an oncoming vehicle. Any vehicle should have enough time to stop before the pedestrian steps safely into its pathway. Pedestrians should also be careful not to loiter or cause unnecessary traffic delays.
When a traffic signal marks a crossing, the right of way depends on that signal. Red lights and do not walk signals indicate to pedestrians that they do not have the right of way. The law also prohibits jaywalking, which refers to crossing or entering the roadway at any place other than a crosswalk. In fact, jaywalkers in San Jose are subject to a fine.
Drivers who fail to yield the right of way to pedestrians when indicated by law are at fault in a pedestrian accident. They may be responsible in other scenarios, as well. A San Jose pedestrian accident attorney can explore whether driver negligence contributed to a specific incident.
Drivers Have a Duty of Care to Pedestrians
Even when drivers have the right of way, they still have to look out for pedestrians. Drivers must be aware of their surroundings and follow all applicable traffic laws. If a pedestrian violates right-of-way rules, but a driver can avoid a collision, they must do so.
Determining who is at fault in an accident can become complicated. California is a pure comparative negligence state. Under pure comparative negligence, an injured person can recover compensation according to the other party’s share of responsibility for the accident. They can even recover if they are more responsible for the accident than the driver as long as the driver’s negligence contributed in part to the accident.
Demonstrating that the driver shared some of the responsibility in the event may involve proving the driver was engaged in one or more of the following behaviors at the time of the accident:
- Speeding
- Drunk driving
- Drowsy driving
- Distracted driving
- Texting while driving
- Running lights or stop signs
A San Jose pedestrian accident attorney can collect and review evidence such as traffic citations, police reports, video surveillance, witness testimony, and more to establish liability and minimize the amount of potential fault assigned to an injured pedestrian.
Meet With a San Jose Pedestrian Accident Attorney
Recovering after a pedestrian accident can be complicated. Insurance companies work hard to deny liability for claims, and few drivers will admit they are at fault. Establishing who was to blame may require expert witnesses, evidence from the site, and more. A San Jose pedestrian accident lawyer can help you evaluate your potential claim, estimate settlement amounts, and advise you on how to proceed. Schedule a consultation to learn more. Our team is always on-call and can arrange to come to you if needed.