CALIFORNIA Pedestrian Accident Law: Vehicle Code Section 21950 Right of Way at Crosswalks
(a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) 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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
STATUTE OF LIMITATIONS
Statute of Limitations refers to the law the limits the amount of time within which a victim involved in a car accident may bring about legal proceedings. In the state of California, an individual has TWO YEARS in which to file a lawsuit for their damages resulting in a car accident.
Although failure to file a claim within the statutory period could result in barring your claim, there are certain exceptions. Although the statutory period begins to run on the date of the accident, exceptions will be made in situations where the injured party was mentally incompetent or incapable of filing a claim. Furthermore, the statutory period is extended for minors under the age of 18. The minor has until their eighteenth birthday, plus the statutory period of 2 years to file the suit Lastly, the statutory period may be extended where an injury is unknown, but is later discovered.
Additionally, Pedestrian Accident claims against public agency, the claim must be made within 180 days from the date of the car accident. Also, the pedestrian accident claim must first be filed and denied before a lawsuit can be commenced.
It is imperative that you call a Car Accident Attorney at Downtown LA Law Today so that your time doe not run out.
WHO’S AT FAULT
In California, only the negligent party is responsible for the injuries incurred during a car accident. A person acts negligently when that individual fails to act in a manner expected of a reasonably prudent person acting under similar circumstances. In relation to car accidents, negligence requires the demonstration of:
- A party was careless, and that carelessness was the direct and proximate cause of the car crash
- The car crash caused some sort of physical or property damage
- The careless party is responsible for the damages
At Downtown LA Law, we will make sure you will be provided a dedicated Los Angeles Pedestrian Lawyer using every means possible to establish fault including police reports, eyewitness testimony, expert witnesses, photos, role playing and computer technology.
California Follows Pure Comparative Negligence
In many car accidents, fault is not black and white. In other words, there are several situations where more than one party is at fault. The question then arises as to what should be done. In the past, even if a party is 1% at fault, they would be barred from any recovery, even though they barely contributed to the accident. California now adopts a pure comparative negligence model.
Under this theory, the injured party in a car accident will still recover damages in an accident, even if that party carries partial blame. Once the portion of fault is determined, that party is entitled to recover in proportion to the other party’s fault.
If you have any further questions regarding California Pedestrian Laws or regarding a recent pedestrian accident call our California Pedestrian Accident Attorneys at (855) DT-LA-LAW
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