Koreatown Pedestrian Accident Lawyer

Common Causes of Pedestrian Accidents

Pedestrian accidents often occur due to the negligence of drivers, but various factors can contribute to these tragic events. Some of the most frequent causes of pedestrian accidents in Koreatown include:

• Distracted Driving: Drivers who are texting, using GPS, or engaging in other distractions are less likely to notice pedestrians crossing the street or walking near traffic.
• Speeding: Vehicles traveling at high speeds reduce the driver’s ability to stop in time to avoid a collision. Higher speeds also increase the severity of injuries in the event of a crash.
• Failure to Yield: Many pedestrian accidents occur when drivers fail to yield the right of way to pedestrians at crosswalks or intersections.
• Driving Under the Influence: Drivers impaired by alcohol or drugs have diminished reaction times and impaired judgment, making them more likely to hit pedestrians.
• Poor Visibility: Pedestrians are at greater risk of being struck in low-light conditions, such as at night or during bad weather, especially if drivers are not paying full attention to the road.
• Reckless Driving: Dangerous driving behaviors, such as running red lights, making illegal turns, or aggressive driving, significantly increase the risk of pedestrian accidents.

California Pedestrian Laws

California has specific laws designed to protect pedestrians and reduce the risk of accidents. Some key pedestrian-related traffic laws in California include:

• Right of Way at Crosswalks: Pedestrians have the right of way at both marked and unmarked crosswalks. Drivers are required to yield to pedestrians crossing the street at these locations.
• Crossing Outside of Crosswalks: While pedestrians are encouraged to use crosswalks, they may still cross at other points if it is safe to do so. However, they must yield the right of way to vehicles when crossing outside of a crosswalk.
• Jaywalking: Crossing the street outside of designated crosswalks or against traffic signals, commonly referred to as jaywalking, is illegal in California. While jaywalking can reduce a pedestrian’s right to compensation, it doesn’t always absolve the driver from responsibility.
• No Pedestrian Zones: Certain areas, such as highways, are restricted for pedestrian access. Violating these restrictions can result in citations and potential liability in case of an accident.

Even if you were partially at fault for your accident by violating one of these laws, you may still be entitled to compensation under California’s comparative negligence rules.

Who is Liable in a Pedestrian Accident?

Determining liability in a pedestrian accident is critical to securing the compensation you deserve. In most cases, the driver is at fault, but liability can depend on a variety of factors, such as the actions of the pedestrian, the condition of the road, or the presence of safety features like traffic signals. Here’s a closer look at who might be held responsible for a pedestrian accident:

• Driver Liability: In most pedestrian accidents, the driver’s negligence is the primary cause. Whether due to speeding, distracted driving, or failure to yield, drivers are often held accountable for injuries to pedestrians.
• Pedestrian Liability: Pedestrians have a duty to exercise care when crossing streets or walking near traffic. If a pedestrian is found to have violated traffic laws, such as jaywalking or crossing against a signal, they may share some responsibility for the accident.
• Government Liability: If poor road conditions, faulty traffic signals, or the lack of proper signage contributed to the accident, the city or municipality may be liable. Filing a claim against a government entity involves special legal procedures, so it’s important to work with an attorney experienced in handling these types of claims.
• Third-Party Liability: In some cases, other parties, such as vehicle manufacturers or property owners, may be partially responsible for pedestrian accidents if a defective vehicle or unsafe property conditions contributed to the collision.