January 17th, 2023 / by PaperStreet Web Design - Category Auto v. Pedestrian, Car Accidents
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January 17th, 2023 / by PaperStreet Web Design - Category Auto v. Pedestrian, Car Accidents
Pedestrians expose themselves to significant risks when walking adjacent or across roadways. In the United States, the Governors Highway Safety Association reported an estimated 6,000 pedestrian deaths in 2017 alone. California ranks 15th among all states in pedestrian death rates.
The Fundamental Issue: Right-of-Way
Right-of-way issues form the foundation of a pedestrian injury dispute against the driver. In California, and elsewhere, right-of-way is dynamically granted to either the pedestrian or the driver, depending on the circumstances. Pedestrians have the right-of-way when going through crosswalks (marked and unmarked). Vehicles have the right-of-way otherwise.
Parties Must React to Circumstances Appropriately
It’s worth noting that no matter which party has the “right-of-way,” each must exercise reasonable care when utilizing the roadway. Failing to adapt to the circumstances (in order to make oneself safe) will likely be considered negligence.
How does this work in real-world terms?
To learn more, read here.
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