Chula Vista Pedestrian Accident Attorneys
Helping Injured Clients
One of the most common causes of pedestrian accidents is general inattentiveness, and that is sometimes the fault of the driver and the pedestrian involved as well. Many pedestrian accidents occur at crosswalks where people are crossing the street from one point of an intersection to the other. These accidents often lead to serious and sometime life-altering injuries, as the force of impact from a vehicle against an unprotected pedestrian can be devastating.
Common Causes of Pedestrian Accidents
Generally, pedestrian accidents happen when a driver fails to notice that someone has stepped into the crosswalk. They are often doing what we call a California stop, where they do not come to a full stop. Because they do not see anyone there initially, the driver rolls through the intersection at the same time as the pedestrian is stepping into the crosswalk — that is when the accident occurs.
Usually, if the pedestrian has the right of way when they are in the crosswalk and they are crossing on a green signal, then it is very hard to show that the driver was not negligent and that the driver should not be the one held responsible.
When Is A Driver Not Responsible?
There are other types of cases where the driver is not held responsible. These are typically cases where a pedestrian comes out from between two cars in the middle of the street and there is really nothing the driver can do to avoid colliding with the pedestrian. These types of cases sometimes involve contributive fault against the driver. Perhaps the driver was talking on the cellphone, or perhaps the driver was traveling at a speed that was unsafe or above the posted speed limit, in which case there can be some contributory fault on the driver even though the pedestrian darted out into the street between cars.
Seek Compensation for Your Injuries
The Sexton Law Firm helps people in all types of pedestrian accidents. Normally, we see a lot of younger children in crosswalks and on bikes under the same types of circumstances with the same type of injuries. So, many of our clients are minors. This is often not the case when the injury victim was darting out from between cars or jaywalking.
If you were crossing at an intersection or in a crosswalk on the green sign, then you are likely safe, as far as fault goes. It is very hard to show that you should be held at fault when you were obeying the traffic laws and the pedestrian laws.
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