David G. Smith, Attorney At Law
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Pedestrians' responsibilities for safety

Vehicle accidents occur on a daily basis and leave many people with injuries. When the incidents are pedestrian-vehicle accidents, injuries tend to be much more serious.

In such cases, it may be possible to file personal injury suits, but it is important to understand the various aspects of such cases. The first element to consider is if the pedestrian was in the right. To evaluate this in the correct manner, parties must know the pedestrian responsibilities.

Classifying pedestrian right of way

The state of California details the rights and responsibilities of motorists and pedestrians. By law, pedestrians have the right of way, or right to cross first, when they are in legal crossing zones and following the direction of traffic signs and signals. However, this does not give drivers the right to hit or endanger pedestrians if they are making an illegal cross. In fact, drivers owe a higher duty of care, since a vehicle has the capacity to cause great harm to a pedestrian. In light of this, some pedestrians may take advantage and make illegal crosses, and may face the consequences if authorities catch them.

Proper crossing without crosswalks

Most people consider crosswalks to be those areas that have clear ground markings that indicate the cross section; however, this is not always the case. In fact, there are many intersections with cross sections that do not have markings but do have traffic signals. These would still be legal cross sections. To create safe practices, it is a good idea for drivers to watch for pedestrians crossing the street at all times, but especially at street corners and cross sections. On the other hand, pedestrians must stay alert at all times, look both ways before and while crossing a street, and obey traffic rules.

If drivers and pedestrians keep these things in mind, both travelers may do so safely. It is also important that people be aware of the local traffic laws and understand how the different regulations affect them.

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David G. Smith, Attorney At Law
2201 Broadway
Suite 506
Oakland, CA 94612

Phone: 925-308-6484
Fax: 510-893-2701
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