Do pedestrians, that are injured or killed outside of the crosswalk, still have rights to recovery?
In a much publicized case, an 82-year-old woman, Meiyun Kang, was killed on June 16, 2009 according to the Inland Valley Daily Bulletin. The accident occurred in Chino California. An independent witnesses said that Mary Lemos, driving a Honda Accord on Riverside Drive near Cypress Avenue struck Kang.
Witnesses at the scene apparently reported that Kang had been crossing outside of the crosswalk area. A question is frequently asked? Is the pedestrian responsible for the accident if they are crossing outside the crosswalk?
The answer is not necessarily. A motorist has an absolute obligation to yield to a pedestrian the driver can see or should see, even if the pedestrian is jaywalking. Simply because a driver has the right of way, does not suggest that he should run down a crossing pedestrian. The driver should take appropriate evasive maneuvers, including braking, stopping, or swerving around the pedestrian.
If the driver is distracted, such as when texting or drunk driving, and the driver hits the pedestrian, liability will be imposed on the driver for the accident. Frequently, a pedestrian is crossing at the intersection but just outside of a crosswalk. Right turning vehicles hit pedestrians as the driver is looking for oncoming traffic to his left, and fails to see the pedestrian. The driver must yield the right of way, and unfortunately, in many pedestrian accidents, the driver is simply not looking as he turns.
Lastly, whenever a pedestrian accident occurs outside of a crosswalk, questions have to be asked about why the pedestrian was crossing at that location. Is there a clearly marked crosswalk, or is it an unmarked intersection. Pedestrians do have rights after an automobile accident, and if you are a pedestrian involved in a collision, it is worthwhile to seek the opinion of a competent San Bernardino pedestrian accident attorney, or one that is at least familiar with the rules and regulations of the road and the rights of pedestrians.
If you have any questions, call our toll-free number: 866-981-5596. And we can speak to you confidentially and privately. We guarantee that if you contact us, you'll have a courteous and prompt response to all your questions.
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