Pedestrian Accidents | Winter Law Group

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More than 1,000 pedestrians are killed in California every year and thousands more are injured. Pedestrians are no match for vehicles. If a driver fails their duty of care while behind the wheel, those on foot will pay the price.

If you have been injured or someone you love has been incapacitated or killed in a pedestrian accident, call the Winter Law Group to schedule a free consultation to discuss a personal injury or wrongful death claim. We welcome clients from Fresno, Merced, Visalia, Clovis, Madera, and in Merced and Madera counties—and the rest of California. Set up a consultation so we can begin compassionately yet fiercely pursuing your claim.

Contrary to popular belief, pedestrians, which include walkers, runners, skaters, boarders, those in wheelchairs, and those riding anything other than a bicycle, do not always have the right of way in California. They, too, owe others a reasonable duty of care to protect the safety of those with whom they share the roadways. For example, pedestrians and drivers alike should always be vigilant and avoid distractions. Like vehicle operators, pedestrians must exercise certain responsibilities, or they can be found negligent for an accident.

Pedestrians are expected to obey traffic lights, signs, pavement markings, and to use sidewalks and crosswalks wherever they are available. They are not allowed to enter the roadway without warning or outside of marked or unmarked crosswalks. Where there is no sidewalk, pedestrians are to walk as close to the far left side of the roadway, with traffic coming toward them.

Pedestrians do get some benefit, due to their exposure to injury. For example, even if a pedestrian is crossing the street against the light, vehicles are required to yield the right of way.

California’s right of way law requires drivers to yield the right of way to a pedestrian in marked and unmarked crosswalks, as well as to blind pedestrians with canes or seeing-eye dogs crossing the street. Vehicle operators are prohibited from driving on sidewalks unless necessary to enter a roadway, must stop at least five feet from crosswalks so pedestrians can safely cross, and are required to slow down every time they near an intersection to allow time to fully stop if necessary to avoid a pedestrian.

A pedestrian hit by a car is not the only negligence that can lead to a claim. Unmarked hazards, uneven pavement or potholes, improper lights, and improper signage can also cause injuries. Entities responsible for maintaining safe roadways can be held liable if the hazards occur due to negligence.

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After a pedestrian accident.

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How is fault determined in California?

Liability is based on a theory of negligence. Someone owed someone else a duty of care. They failed to exercise that duty of care. As a result, someone was injured and incurred damages as the result of those injuries. Negligent parties are held financially responsible for the damages they cause others.

California is a comparative negligence state, so more than one party can be assigned fault. A party’s settlement will be reduced by the percentage of fault assigned to them. For example, Joanna jogs across the street in the crosswalk but against the light. Adam enters the intersection with the light but is speeding through the intersection and strikes Joanna. Joanna is held 10% at fault and Adam 90%. If Joanna was awarded $50,000 in settlement of her personal injury claim, she would receive only $45,000.

How much time do I have to file a claim?

The statute of limitations for personal injury and wrongful death claims is two years in California. That means a claim must be settled or a lawsuit filed within two years from the date of the accident in a personal injury claim or within two years from the date of death in a wrongful death action.

How do I file a claim?

If you are the injury victim or if you are the surviving spouse or domestic partner, child, or grandchild of someone who has been incapacitated by their injuries or killed, you should talk to an experienced pedestrian accident attorney right away. The Winter Law Group will fully investigate the accident, identify negligent parties and insurance coverage, document damages such as medical treatment and expenses, funeral costs, lost income, and pain and suffering, and guide you through the process.