Santa Rosa Pedestrian Accident

It is dangerous to be a pedestrian in California sometimes. Roads are busy, drivers often do not watch where they are going, or who they are sharing the road with, and the state is not really accustomed to pedestrians. However, just because drivers might not be accustomed to looking for pedestrians does not mean that pedestrians should head out at their own risk. When a pedestrian is hit by a vehicle, he or she does have legal recourse. The injured pedestrian can file a civil lawsuit to cover the cost of those injuries, but he or she will need a good Santa Rosa pedestrian accident lawyer to help.

California has a number of laws in place to keep pedestrians safe. Most of these rules pertain to motorists and explain how drivers are to interact with pedestrians on the roads. There are however, rules that pedestrians need to follow, as well. California’s pedestrian laws include:

• Motorists must give right-of-way to pedestrians when the pedestrian is crossing the roadway using a crosswalk.
• No vehicle shall overtake, or pass, a vehicle that is stopped at a crosswalk as they may be stopping for a pedestrian.
• Motorists may only drive over a sidewalk if they are entering or exiting a driveway or garage. Even then, they must yield right-of-way to pedestrians.
• Motorists cannot stop in a crosswalk, as it may put pedestrians in danger.
• Pedestrians are never allowed to jaywalk. If they do and a motorist gets into an accident because of it, the pedestrian may be held liable.

When drivers do not follow these rules, they may face fines of $220. In instances when the pedestrian is blind, the maximum penalty is a $1,000 fine and six months in prison, or both. With the help of an attorney, the pedestrian can hold a negligent driver liable through a Santa Rosa pedestrian accident lawsuit.

When an accident occurs and someone is badly injured, any injured parties can hold the at-fault individuals liable for compensation. This is done through a lawsuit detailing the negligence the at-fault party showed, and can provide compensation for medical bills, lost income, and other expenses related to the injury.

California courts will often find in favor of the pedestrian. They recognize that pedestrians have very little protection in a collision with a car and so, they often side with those on foot. However, the courts also recognize that sometimes more than one party is to blame and they will also consider the actions of the pedestrian.

If they find the pedestrian at fault at all, the courts will assign the pedestrian a percentage of fault. If the pedestrian is awarded any compensation, the courts will reduce it by the same percentage. Unlike many other states, California operates on a pure comparative fault model. Under this rule, insured pedestrians can claim fault even if they were partly or mostly at fault for their accident.

Many people think that pedestrians always have the right of way and as such, when one is in an accident, they often think the motorist is automatically at fault. This is not always true, and the defense will certainly try to make an argument that the pedestrian was mostly to blame. When this is the case, accident victims need the right Santa Rosa personal injury lawyers on their side.

If you are a pedestrian who has been injured in an accident, call the Brod Law Firm at (800) 427-7020. We will refute claims that you were at fault for the accident and present evidence showing the driver was to blame. Do not suffer with injuries on your own any longer. Call us today or fill out our online form for your free case evaluation.