In this article, you will discover:
- The most common types of injuries when pedestrians are hit by automobiles
- Who has the right of way at a crosswalk
- If there is a duty upon the pedestrian to avoid automobile accidents
- What happens if the driver is uninsured, underinsured, or leaves the scene of the accident
The most common types of injuries that pedestrians suffer are neck and back injuries, whiplash, and broken bones in pedestrian accidents. We also see knee and shoulder tears that often lead to surgery.
If I’m A Pedestrian, Does A Motor Vehicle Owe Any Special Duty Or Care To Me Under The Law?
Yes, motor vehicles owe the same duty of care that they would to other motor vehicles. They have a duty of care to not negligently injure someone.
When It Comes To Crosswalks, If A Pedestrian Is Legally Crossing And They’re Struck, Is It Automatically The Fault Of The Driver And Same Thing If The Pedestrian Is Jaywalking, Who Would Be At Fault There?
Generally, you have the right of way if you are in a crosswalk. If you are crossing the street without a crosswalk, you need to cross the street with due care to make sure that you are not in the path of a vehicle.
As A Pedestrian, Is There A Duty Upon Me To Avoid Automobiles Traffic Accidents?
Yes, there is a duty on a pedestrian to try to avoid an accident. If you are partially at fault in an accident, you are still able to recover for injuries. It would be reduced by the percentage of fault placed on you.
What If The Driver Doesn’t Have Insurance Or Leaves The Scene In My Pedestrian Accident Case? Is There Any Chance I Can Recover Anything Financially For My Medical Care?
If you have uninsured motorist coverage on your auto policy, then you would be able to use that to recover for your injuries if you are hit by an uninsured driver or a driver who flees the scene. Just like with a vehicle, you should get a police report, contact your insurance company early, and hire an attorney so they can help you through the process. And by the same token, if you are hit as a pedestrian by someone who does not have enough insurance, you would be able to use your uninsured motorist insurance policy, which includes underinsured motorist coverage as long as your limits are higher than those of the person who hit you.
For more information on Pedestrian Accidents In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 600-0807 today.