According to the most recent data from the California Department of Transportation, 838 people died in pedestrian accidents over the course of a year. Of this group, close to 150 were teenagers and school-aged children. Over 200 were elderly. Their lives, changed forever due to a terrible decision made by a driver of a motor vehicle.
The Right to Walk
You should not have to be afraid when you are walking down the street, but the poor decisions of some drivers can make the experience extremely dangerous. California law specifically provides certain protections for pedestrians when they are walking on a public roadway, including the right of way on sidewalks and crosswalks. If someone is speeding, driving recklessly, not paying attention to the road or operating the vehicles under the influence of drugs or alcohol, their poor choices can change other people’s lives forever.
Someone walking on the street should be free to go about their journey without fear of injury or bodily harm, day or night, rain or shine. But because of reckless and negligent drivers, this is not always the case.
Someone taking a simple walk could fall victim to:
Under California law, motorists are required to yield the right-of-way to pedestrians in marked and unmarked crosswalks.
California Vehicle Code section 21950 states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”
The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk “shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”
In cases where negligence or wrongdoing is involved, families of deceased pedestrian accident victims can file what is known as a wrongful death claim seeking compensation for damages such as medical and funeral costs, lost future income, pain and suffering and loss of love and companionship.
An experienced personal injury attorney will also be able to determine whether a dangerous roadway or intersection caused the accident. If that was the case, the governmental agency responsible for maintaining the roadway can also be held liable.
We Will Fight For You
If you or a loved one were the victim of a pedestrian accident, you don’t have to simply accept what happened. You can fight to amend the damage that someone did to your life. Our legal team can help you get compensation for your accident to help pay for medical bills, lost wages, and pain and suffering.
The first step towards finding justice is contacting our Santa Rosa office at 707-571-8600 OR our Marin County office at 415-492-4507 to review and investigate your case.
For more information on how Fiumara & Milligan Law, PC can help you with your serious injury case please click here.
Also Click Here to view my letter to the editor of The Press Democrat on sidewalk and pedestrian safety in Santa Rosa.