Motor vehicle-pedestrian accidents have the big potential for severe injuries or even death, as the unprotected pedestrian is struck by several thousand pounds of metal and glass. Simple physics easily show this result. Even if the car is moving at extremely low speeds, it can still be extremely dangerous to pedestrians as they have no protection from the vehicle hitting them. Both pedestrians and drivers need to take precautions and make sure they are following all laws and traffic signals in order to prevent these dangerous accidents. Under California law, they both have the duty to obey the same traffic laws.
According to statistics by the National Highway Traffic Safety Administration (NHTSA), car-pedestrian accidents kill 5,000 people each year, and an additional 78,000 people are injured. Nearly half of those fatalities occurred between 3:00 and 4:00 P.M., when children were getting out of school.
Attorney Mark C. Blane has many years experience helping accident victims in San Diego County and throughout California. We begin every case with a thorough investigation of the facts and law to hold negligent or reckless drivers accountable for the injuries they cause. If you have been injured or someone you love has been killed in a car-pedestrian accident, contact us to see how we can help.
Negligence dictates "who is at fault?" Who breached the duty to another which caused the motor-vehicle and pedestrian accident and resulted in bodily injury damages. A driver can be at fault for a car-pedestrian collision if:
- The driver is inattentive, preoccupied, or distracted
- The driver fails to obey posted speed limits
- The driver fails to yield the right of way to pedestrians at marked crosswalks
- The driver fails to yield the right of way to pedestrians when exiting an alley, driveway, or parking lot
- The driver disobeys traffic signs or signals
- The driver fails to signal while turning
- The driver disregards weather or traffic conditions
- The driver is under the influence of drugs or alcohol