Walking, running, and jogging are pleasurable activities for many people. In some situations, walking is the only practical way to travel between two places. Unfortunately, motorists are not always attentive to the presence of pedestrians. People on foot are often victims of road accidents.
If you have been hurt while on foot in a public roadway, speak to a knowledgeable attorney about holding the negligent parties responsible for your injuries. A Burbank pedestrian accident lawyer could help you seek monetary damages that might put you on the road to recovery.
California Vehicle Code § 21950 establishes a pedestrian’s right of way in Burbank. Motor vehicles and bicycles must yield to a pedestrian who is crossing in a marked crosswalk or at an intersection. Although jaywalking is illegal, drivers and cyclists must use due care to avoid pedestrians in the roads even outside of crosswalks and intersections.
The law also places responsibility on pedestrians to use caution when crossing a street. They may not legally cross outside of an intersection. In addition, it is illegal for a pedestrian to stop in a crosswalk or intersection or to suddenly enter the roadway.
In most cases, a driver’s negligence is at least partially responsible for causing a pedestrian accident. An injured pedestrian is wise to talk to a nearby attorney immediately after the accident. A legal professional could take steps to preserve the pedestrian’s right to seek damages, even if they were not strictly complying with the law at the time of the incident.
Anyone whose negligence contributed to a pedestrian accident could be liable for paying the injured person’s damages. A Burbank pedestrian accident attorney could investigate an incident to identify parties whose negligence might have been a factor in causing the mishap.
If a motor vehicle or bicycle collided with the pedestrian, it is likely that the driver or rider was negligent. If the driver or rider was working at the time of the incident, their employer might be liable under the theory of vicarious liability.
If mechanical failure was an issue, responsibility could rest with the manufacturer or dealer. If a malfunctioning or poorly designed traffic control device led to the accident, its manufacturer and the local government might be at fault. A public agency could be at fault if poor road markings led to the incident.
California observes the pure comparative negligence doctrine in personal injury cases. According to this doctrine, each negligent party, including the plaintiff, is responsible for the results of their actions.
If a pedestrian collision case goes to court, a jury will allocate responsibility for causing the accident among all the parties. If the plaintiff is partially responsible, they will receive the percentage of their damages that can be attributed to others’ negligence. The plaintiff cannot collect the portion of their damages that results from their own behavior.
Injured people have two years from the date of their accident to file a lawsuit seeking damages but waiting that long to consult an attorney is unwise. It is important to interview witnesses when their memories are fresh, and evidence might be lost or erode over time. An investigation begun immediately after an accident is more likely to yield reliable evidence.
Another reason to proceed quickly is that local governments have potential liability in many pedestrian accidents. In Burbank, an injured pedestrian must file a notice of administrative claim within six months of the incident that caused their injury. A failure to submit the notice on time could prevent them from pursuing damages against the city.
Being hit by a car or bicycle is physically and emotionally traumatizing. It is important to focus on healing and allow a legal professional to handle the job of securing reasonable compensation for your injuries.
A skilled Burbank pedestrian accident lawyer could provide strong advocacy and sensible advice. Schedule a consultation today.
Benji Personal Injury – Accident Attorneys, A.P.C.