In downtown areas, drivers may naturally be on the look-out for pedestrians, especially where there are many office buildings or tourist areas. However, pedestrian accidents can occur anywhere at any time, even where there are sidewalks and designated crossing areas.
Recently, an elderly man was hit by a car that was making a right turn while he was crossing the street. The man experienced head trauma and is in critical condition at a local hospital. The accident occurred near Mt. San Antonio College at about 6:40 a.m., and authorities are still investigating the cause. At this time, the driver has not received a citation.
Pedestrians are particularly susceptible to injury when stuck by vehicles. According to the National Highway Traffic Safety Association (NHTSA), over 78,000 pedestrians are injured per year by car accidents. Pedestrians who are injured by a driver may be able to recover damages against that driver if the driver acted negligently. Generally, drivers are required to use reasonable care, which typically means abiding traffic signals and the speed limit. Drivers must exercise a special, greater, duty of care where children are likely to be present, such as near schools and residential areas.
However, pedestrians must also use reasonable care. A failure to use reasonable care, such as by not using marked crosswalks or disregarding "walk" signals at intersections, may be found to have contributed to their injuries. In the event that a court finds that a pedestrian contributed to his own injury because of his own negligence, the court may reduce the damages available to him.
Source: Diamondbar-walnut.patch.com, "Elderly Man Hit by Car Near Mt. SAC," Melanie C. Johnson, March 21, 2013
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.