Pedestrians being hit by automobiles is a serious problem and it is especially prevalent here in the United States with somewhere between 65,000 and 75,000 injuries from pedestrian-vehicle collisions each year, and around 5,000 deaths. Many of these accidents and fatalities could have been prevented had the driver been aware of the laws regarding pedestrian right-of-way, and followed those laws. If you are the victim of an accident where a vehicle hit you when you were on foot, or if your loved one died as a result of such an accident, you deserve to be compensated for the suffering you have gone through.
According to the California Department of Motor Vehicles, a pedestrian is defined as anyone who is using some mode of transportation other than a automobile or bicycle, or other motorized two wheel or four wheel vehicle. This can include skateboards, roller skates or on foot or it may include wheelchairs and other types of transportation for those that are disabled. The California Driver's Handbook also reports that one out of six traffic fatalities involves a pedestrian. This makes pedestrian involved collisions a very serious threat indeed.
The pedestrian especially has the right-of-way in crosswalks, even if the crosswalks are in the middle of the block, or if the crosswalk is at a street with a stop sign and the vehicle doesn't have to otherwise stop. Vehicles should stop if they see a pedestrian waiting at a crosswalk. Also, vehicles that are in the other lane such as on a two lane boulevard or one way street should not pass a car that they see stopped at a crosswalk, because you, the pedestrian, may be crossing at that time and may not be able to see the car coming.
In California, this is true even if the crosswalk is not plainly marked, such as with lines in the road, as well as with crosswalks that are not at traffic lights. Also, pedestrians always have the right of way on sidewalks, even if the car needs to cross the sidewalk to enter a parking lot or driveway. Especially important is when you are crossing with children, or if you are an elderly person, as the driver is required to give you more time to cross. Basically, pedestrians always have the right of way, even if they are not crossing at a designated crosswalk.
However, drivers do not always give pedestrians the respect and consideration that they deserve and in fact, often behave as if pedestrians are not there or do not have the right to be on the roadways at all. If you have been the victim of an accident involving a vehicle where you were on foot, riding a skateboard or rollerskating or rollerblading, then you may be entitled to damages from that person or their insurance company. The law is on your side if you are on foot and pedestrian accident attorney Emery Ledger has the experience and knowledge to successfully argue and win your case.