Red Light, Yellow Light, Green Light

Pedestrian accident victims in California are usually entitled to compensation regardless of the light’s color. The Golden State has a pure comparative fault law. As outlined below, pedestrians who cross against the light, and even some who cross the street with the light, may be partially responsible for causing an accident. But in a pure comparative fault state, even if the victim is 99 percent responsible for an injury, the tortfeasor (negligent driver) is still liable for a proportionate share of damages.

The damages in an auto/pedestrian accident case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Frequently, a Carlsbad personal injury lawyer obtains additional punitive damages in these cases as well. Such damages are available if there is clear and convincing evidence that the tortfeasor intentionally disregarded a known risk. Running over a helpless person in a street certainly qualifies as such behavior.

Red Light

If a pedestrian crosses the street while s/he has the red light, the pure comparative fault law comes into full effect. The pedestrian clearly doesn’t have the right of way in such a situation.

However, drivers always have a duty of care, no matter what anyone else on the road does or does not do. In most cases, the duty of care requires motorists to avoid serious accidents whenever possible.

Generally, pedestrian/vehicle knockdown accidents are especially severe. The victims are unprotected from upcoming vehicles. As a result, they often sustain catastrophic (life-threatening) injuries, especially if the tortfeasor was traveling more than about 40mph at the time of impact.

Yellow Light

These accidents may be the most common pedestrian/vehicle knockdown accidents in San Diego. Most area streets feature multiple, wide lanes. Additionally, to move vehicle traffic as quickly as possible, most streets have high speed limits and short red lights.

Anyone with any mobility impairment usually cannot make it across the street before the light turns red. That’s especially true if the traffic light didn’t have a countdown timer, and the pedestrian had to guess how much time remained on the green light.

Visibility is important in these situations. If the victim was more than halfway across the road, s/he was clearly visible to oncoming cars. The duty of care requires these vehicles to stop and yield the right-of-way, even though the pedestrian is technically crossing against the light.

Green Light

Pedestrians clearly have the right-of-way if they’re in the crosswalk under the protection of a green light. However, the same duty of care applies to pedestrians. They cannot assume intersections are clear and step out into traffic without stopping and looking both ways, regardless of the light’s color.

That’s especially true if the victim is in a virtual crosswalk. Once a pedestrian presses a button, flashing yellow lights command motorists to stop. However, even the best drivers do not obey all the rules of the road at all times. Pedestrians must account for this possibility.

Nevertheless, a Carlsbad personal injury lawyer can usually obtain maximum compensation in these cases. The defendant has the burden of proof to show that the victim didn’t stop and look both ways, and that failure, not the tortfeasor’s negligence, substantially caused the wreck.

Connect With a Hard-Hitting San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.

Source:

investopedia.com/terms/c/comparative-negligence.asp