I Was Crossing the Street and Hit by a Car. What Are My Rights?
As a pedestrian you have the right of way in California, even if you are not at a crosswalk, but your rights vary depending upon the facts. If you are crossing a street in an intersection crosswalk with the light green for your direction, you have absolute rights and liability will be fully placed onto the driver of the car that struck you.
If you are crossing a driveway and a car exiting the parking lot strikes you, you have the absolute right of way as well.
When you are crossing a street at other than the crosswalk, you have to prove that the driver should have seen you or known you were there to assess liability on them. As an example, if you were crossing a large street and several cars stopped for you as they saw you, the other driver that struck you may be found liable for not also stopping.
You may also have a claim if a driver is speeding, or breaking other laws that cause you to be hit, even if you are not crossing within a sidewalk. As you can see there are many situations where a pedestrian has rights, and a pedestrian accident attorney can help you determine your rights. Call us or contact us through our web portal. We are here to help you.
Call (888) 752-7474, or send over our free case
review form, even if you're not sure. We're here to help.
You were wonderful throughout my case. Thank you so much for taking the time to explain the process so that I could feel comfortable. When I was hurt, I really did not know where to turn and Suzanne was comforting and knowledgable. Thanks again for all you did.
- H.P.
