If you live in Mission Valley, you probably know how many little walking trials we have around this area and how common it is to see a pedestrian out and about. It’s no surprise that Mission Valley pedestrian accident attorneys are highly in demand. If you have been injured while walking in the streets of Mission Valley you need to find a good lawyer who can ensure you get just compensation for your suffering.
California’s Pedestrian Laws and Right of Way: A Brief Rundown
As much as possible, a pedestrian should be extra cautious when crossing the streets. However, the responsibility is not only exclusive to pedestrians, drivers also need to be extra careful. In relation to laws involving pedestrians, here’s a brief rundown of what every driver and pedestrian must observe”
- Drivers should give the right of way to pedestrians who are traversing marked crosswalks. Right of way must also be yielded to pedestrians crossing unmarked crosswalks at intersections.
- Drivers should not take over or pass a vehicle halted at crosswalks. The said vehicle might have stopped to give way to a crossing pedestrian.
- Drivers are only allowed to drive on the sidewalks if they are going to or from a garage/alleyway. In this case, drivers are still mandated to yield their right of way to pedestrians.
- Drivers are prohibited to stop in any crosswalk. Walking around a vehicle that has stopped at a crosswalk might compromise the safety of the pedestrians.
- Pedestrians are not allowed to jaywalk. Should an accident happen because a driver is avoiding a person who is jaywalking, the pedestrian will be held responsible.
- The general rule for blind pedestrians is that they are not considered looking to cross if they pull their cane inward and steps away from the curb. In this scenario, drivers should stop within five feet of an intersection as blind pedestrians only rely on the sound of the cars to tell the vehicles’ proximity.
Penalties For Striking a Pedestrian in Mission Valley
If a driver fails to give the right of way to pedestrians and causes injury, he or she will face a minimum penalty of $220. If the pedestrian is blind, the driver will be subject to a stricter punishment, which includes either a maximum fine of $1,000 or six months in prison, or both. No matter what is stipulated in the law, it is a must for drivers and pedestrians to be vigilant and aware of their surroundings.
If a person do not cross the street via a crosswalk, and the driver has a green light, the latter must still give due care to avoid any accident. The same unwritten rule applies to pedestrians. If the car is near or stops at an intersection, a pedestrian should not step off the curb.
Things to do After a Pedestrian Accident in Mission Valley
Here are some of this things you must know and consider if you are involved in a pedestrian-related accident:
- Your topmost priority is your safety.
- Document what took place. Take photos. Gather witness statements. Take note of stop or yield signs, traffic signals, and if you can, even the speed of the vehicle. This becomes handy when the driver and you, the pedestrian, argue about who is at fault.
- Call the police if you are to file a report. Take note that it is very vital to get the license plate number and model of the vehicle involved. This information could go a long way during the investigation process.
- Seek medical attention to check for any other injuries. Some injuries do not become apparent until hours or days after the accident.
Free Consultations on Mission Valley Car Accident Cases
One of the most important things you need to know is that you can still ask for injury compensation even though the driver did not stop and / or no one was able to obtain the vehicle’s model or license plate number. If you are injured, keep in mind that you can use your medical insurance to pay for your medical bills in case the driver involved has no insurance. You can also make use of your auto insurance even if you’re not technically considered driving, assuming that you have an uninsured motorist coverage.
California has implemented the comparative negligence scheme, so your compensation fee can be reduced if it is proven that you are also partially at fault. For instance, if the settlement is pegged at $20,000, and the police says you are 10 percent at fault, you will only be receiving a total of $18,000.
This is why documenting what happens during and after a pedestrian accident is vital. You need to have enough evidence to be compensated appropriately.If you’re a victim of a pedestrian accident, get in touch with our Mission Valley Pedestrian Accident lawyer so we can discuss your case as soon as possible.