Setareh Law
February 3, 2024
It’s generally assumed that motorists throughout California have an obligation to yield to pedestrians. While pedestrians usually have the right-of-way on the road, there are circumstances where that may change. Pedestrians throughout California also have an obligation to follow roadway rules and, if they fail to do so, may assume liability for any right-of-way accidents they cause.
If you’ve recently been in an accident with a pedestrian, let experienced pedestrian accident lawyers determine how the law impacts your right to civil action. Setareh Law can break down right-of-way legislation in an effort to secure the financial support you need to recover loss-based damages.
California’s Right-of-Way Pedestrian Laws
Pedestrians are obligated to walk on marked crosswalks or at unmarked crosswalks at notable intersections. Pedestrians also have an obligation to protect themselves from harm by crossing reasonably and avoiding behaviors that might put them in harm’s way.
What does “reasonable” mean? The definition can vary from case to case. In general, the state of California expects its residents to avoid running into traffic or otherwise obstructing traffic. Both behaviors, alongside other forms of misconduct, can cause accidents that endanger pedestrians as well as motorists.
Exceptions to California’s Right-of-Way Laws
There are exceptions to California’s pedestrian right-of-way laws that motorists have to consider when interacting with pedestrians on the road. Pedestrians specifically retain their right-of-way when walking in bike lanes, provided that there’s no walking path available.
With this being said, pedestrians are barred from crossing the street without using a crosswalk, walking when a “no walk” sign is lit, or walking into immediate danger. Unfortunately, pedestrians and their representatives can challenge the meaning of “danger” in pedestrian accident cases in an effort to minimize a pedestrian’s alleged impact on injured motorists.
If you find yourself struggling to determine whether you, a pedestrian, or a related party violated California’s pedestrian accident laws, our team can break down accident liability and make sure you hold the right party accountable for your losses.
What to Do After a Pedestrian Accident
If you find yourself involved in an accident with a pedestrian and you’re not sure which of you had the right-of-way, don’t panic. Our team can help break down the details of your case and can account for the impact that comparative negligence may have had on your accident. While California’s understanding of pure comparative negligence makes it possible for nearly any party to pursue compensation for their losses, we can argue that you share less of the blame for an accident than a liable party may allege.
Requesting Fair Compensation for Pedestrian Accident Losses
If you find yourself injured as a result of someone else’s right-of-way negligence, you may deserve compensation for your losses. You need to determine the value of that compensation before you take a right-of-way case forward in civil court. Our team of personal injury lawyers can break down the losses you can tie to your case and calculate their sum on your behalf.
The losses you include in your claim can cover the following accident-related expenses:
- Lost wages or opportunities to return to work
- Medical expenses tied to accident injuries
- The restoration or replacement of damaged property
- Emotional distress
- Pain and suffering
You can discuss the methods our team uses to value a case like yours free of charge. Get in touch with Setareh Law today to book your first meeting with our experienced legal professionals.
Call an Experienced Lawyer at Setareh Law Today
It isn’t always easy to make sense of a pedestrian accident case, particularly when you consider exceptions to California’s pedestrian accident laws. That doesn’t mean that you should let the opportunity to file for damages pass you by, though.
You can contact us online or call us at (310) 659-1826 to book a pedestrian accident case consultation today. Setareh Law continually advocates for your right to fair financial support in the face of roadway negligence. We also speak Spanish.
