Whether you are driving or walking, you could be held liable for an accident.
According to a recent study, the LA metropolitan area is one of the most dangerous places to be a pedestrian. Just recently, a two-year-old girl was struck and killed by a big rig while crossing the street in Lancaster CA. In this case the little girl and other pedestrians were doing nothing wrong, crossing in the crosswalk with the light, but the driver of the truck apparently failed to see them when turning right on a green light. This accident serves as a tragic reminder of the consequences of not paying attention on the road.
However, it is important to note that drivers are not the only parties that can cause—or be held liable for—pedestrian accidents. For example, in April we had an incident in the news where two individuals ran across the 110 freeway on foot at about 4:30 in the morning. One man was struck and killed while the other just kept running. Obviously this was a very foolhardy thing to do and the pedestrians were totally liable for the accident.
While pedestrians may have more to lose in an accident, it is nonetheless important for drivers and pedestrians to both work hard to look out for one another and avoid engaging in behaviors that could be dangerous or cause a pedestrian accident. Here are some examples of steps that we should be taking.
Tips for Pedestrians
- Put Your Phone Away.
Walking along a busy street while texting can be just as dangerous as texting and driving. Put your phone away and keep your head up and your eyes scanning the road for dangers.
- Do Not Jaywalk.
Crosswalks exist for a reason—use them! Do not cross against a light or in the middle of a street, or you could be liable for an accident. Always look out for oncoming traffic, even when you have the right of way to cross.
Tips for Drivers
- Yield to Pedestrians When Turning.
Many tragic pedestrian accidents are caused by drivers turning across crosswalks while pedestrians have the walk sign. Remember that when making a left hand turn on a green light or a right hand turn on a red light you need to look out for pedestrians as well as oncoming traffic.
- Do Not Speed.
For every 10 miles faster you drive, a pedestrian’s chance of death in the event of an accident with your car increases by 40 percent.
- Stay Alert.
Do not engage in any “distracted driver” behaviors that take your eyes off the road, even for an instant. Also avoid driving while sleepy or intoxicated as you could easily have an accident.
If You Do Have an Accident
If you are involved in a pedestrian accident, you need to seek medical help first, then call the police, and then call your attorney. Remember that under California law it is possible to assign partial liability for accidents, so even if you were doing something silly like texting and walking, it may still be possible to recover partial compensation for your injuries if the driver who hit you was also acting recklessly or negligently. Call the Law Offices of Fernando D. Vargas for a free initial consultation to learn more.
