I Got Hit By a Car While Crossing the Street. What Can I Do?
California crosswalk laws and pedestrian rights explained:
If you have been hit by a car while crossing the street in California, you may be entitled to significant financial compensation- so long as you are complying with California's crosswalk laws.
California Vehicle Code (VC) 467, which defines what it means to be a pedestrian,
VC 275, which defines a crosswalk,
VC 21966, which tells pedestrians where they can walk,
VC 21950, which covers pedestrians crossing the road at a crosswalk,
VC 21955, which requires pedestrians to use crosswalks at intersections,
VC 21954, which tells pedestrians who want to cross the street outside of a crosswalk to yield the right-of-way to vehicles,
VC 21970, which forbids drivers from stopping in a crosswalk and blocking it,
VC 21456, which tells when pedestrians can cross the street using a crossing light,
VC 21952, which covers situations where a driver is pulling into a driveway and would have to cross a sidewalk to get there, and
VC 21963 through §21965, which focus on special circumstances to take when there is a blind pedestrian.
If you were a pedestrian crossing the street at a crosswalk, this is what you need to know about your potential personal injury claim: VC 21950, which covers pedestrians crossing the road at a crosswalk:
The general rule is that cars, trucks, and any other motor vehicle has a duty to yield to pedestrians who are crossing the crosswalk. This means that drivers must exercise the necessary precautions to ensure pedestrian safety, regardless if the vehicle believes they have the right of way.
On the contrast, however, pedestrians have a similar responsibility to make sure they do not contribute to their own accident slash injuries. Pedestrians have a legal obligation to safely cross the street. Specifically, VC 21950(b) states that:
No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard
No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
For clarification purposes-- WHO IS A PEDESTRIAN?
A pedestrian is someone who is walking on foot or any of the following
disabled persons in wheelchairs
Is a Bicyclist considered a pedestrian?
In short, no.
Bicyclists on the road must adhere to the same road rules as vehicles and are therefore not considered a pedestrian with regard to their responsibilities on the road. You can read more about bicyclist rights and accidents in our other blog post titled "Bicycle Accident in California, What You Need to Know"
PEDESTRIAN v. AUTOMOBILE: who is at fault?
Since vehicles always have a duty to avoid hitting pedestrians, there will generally always be a portion of the fault on the driver. If the driver violated a law in the midst of hitting a pedestrian, that is what is considered "negligence per se" in which case the vehicle by default is considered at-fault for the accident.
Common Injuries Pedestrians Suffer After Getting Hit By an Automobile (Car/Truck/Motorcycle etc)
TBI- traumatic brain injuries: Because pedestrians have no protection, brain injuries are common for pedestrians to suffer following an auto collision. These should not be taken lightly. If you have experienced headaches following an auto collision
Back Pain and Injury
Neck Pain and Injury
Recovering from these injuries:
Our Accident Attorneys are dedicated to helping injured pedestrians recover from auto collisions. We have a team in place that gets you the medical attention you need and deserve, whether or not you have health insurance. We have a network of doctors, including chiropractors, physical therapists, orthopedics, neurosurgeons, and spine experts who will work on getting you back to a full recovery all while our attorneys can focus on getting you the most money from the at-fault driver's insurance company!
Why Call Us? What Can We Do For You:
Get your injuries treated by top medical professionals with no money out of your pocket- whether or not you have health insurance
Handle all phone calls with insurance agents
Collect all necessary documentation from the police, medical providers, insurance agents, etc.
Negotiate your medical bills down as low as possible
Negotiate the highest settlement amount for you to collect after all your medical bills have been paid off
Get you paid
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No out of pocket expenses for you!
You Pay us $0 unless we get you paid. Text or call us today at 858-800-2458