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San Bernardino has released several news reports on pedestrian accidents. There are two types of pedestrian accidents that have been reported in San Bernardino: fatality as a result of walking on the highway and severe injuries resulting from hit and run accidents. Liability may be attributed to one individual or it could be shared between the parties involved. To better understand how liability can be attributed to multiple parties, it would be best to hire a pedestrian accident attorney.

At West Coast Trial Lawyers, we have experienced San Bernardino attorneys that have helped thousands of clients with their pedestrian accident cases. We specialize in personal injury and have won over 5,000 cases. Additionally, we have acquired over $1 billion in settlements and judgments for our clients. With our high success rate in the legal field, we have been acknowledged as one of the top personal injury law firms in San Bernardino. 

Our services do not come with financial risks. You will not be charged with any fees until your case has been won or settled. If you are interested in scheduling a free, no-obligation consultation at our San Bernardino personal injury law firm, please contact our 24/7 legal team by calling (909) 787-2178 or emailing [email protected] 

Types of Pedestrian Accidents
  1. A pedestrian is jaywalking. Jaywalking exhibits a pedestrian’s negligence. It is illegal to jaywalk because it can put you at risk. Vehicles are not expecting you to cross the street, especially when there is no stop sign or crosswalk available. While a pedestrian may be held liable for jaywalking, a driver can share a degree of liability if he/she was intoxicated, speeding or engaged in other reckless conduct. 
  2. A pedestrian standing on the side of the road. This usually happens when there are no sidewalks present. In these situations, a pedestrian will decide to walk on the far right side of the road. The pedestrian is putting themselves in a dangerous situation, especially if it is done at night. Drivers will have a difficult time noticing the pedestrian. Additionally, poor weather conditions may impact visibility. 
  3. A pedestrian crossing a highway. This usually occurs on limited-access highways or off-ramps. Those who have a vehicle break down will try to cross these roads, which is very unsafe to do. If you are experiencing vehicle issues, it is highly recommended for you to stay in your vehicle and keep your emergency lights on when waiting for help to arrive.
  4. A vehicle backing up. This normally occurs in parking lots. A driver has the responsibility of making sure there are no pedestrians walking behind their vehicle as they are backing up. 
  5. A vehicle going off-road. This occurs when a driver goes off the road and crashes into a pedestrian that is on the sidewalk. For example, a pedestrian waiting on the crosswalk to legally cross the street. 
  6. A vehicle passing by an intersection when they are not permitted to do so. Negligent drivers may still attempt to drive under a red light, especially when they are running late to an event. The driver will be held liable for going past a red light or stop sign. 
  7. A vehicle not yielding to pedestrians as it is making a left or right turn. A driver is expected to give the right of way to pedestrians who are crossing the street on the crosswalk. Failure to do so will result in a pedestrian accident. The driver will be held liable for this collision. However, if the pedestrian crossed without getting permission to do so, then this could divide the degree of fault between the driver and the pedestrian. 
  8. A vehicle not yielding to pedestrians walking on the crosswalk. As stated before, drivers must provide a reasonable duty of care to pedestrians. If the pedestrian is permitted to walk on the crosswalk and gets hit by a driver, the driver will be held liable for any damages.
Determining Pedestrian At Fault 

According to the California Vehicle Code, a pedestrian accident attorney must consider following these laws to determine who is at-fault for causing a collision.

  1. Drivers must always yield the right of way to a pedestrian who is walking on streets within a marked crosswalk or an unmarked crosswalk at an intersection. They are required to exercise a duty of care and reduce their speed to make sure they are not too closeby. 
  2. A pedestrian should never jaywalk. This will make it difficult for drivers to find ways to avoid them. 
  3. A driver should never attempt to pass by a vehicle when it is stopped at a crosswalk. The stopped vehicle may be waiting for a pedestrian to cross.
  4. A driver may only drive on the sidewalk when they are entering or exiting a garage or parking lot.  The drive is still obligated to yield to pedestrians. 
  5. A driver should never stop within a crosswalk. This will force the pedestrian to walk around the vehicle, which puts them in a dangerous situation. 

Drivers and pedestrians must be conscious of their surroundings. Even if a pedestrian is jaywalking, the driver has a duty of care to avoid hitting the pedestrian. Furthermore, pedestrians should not attempt to step onto the street when they notice a vehicle approaching. A pedestrian should also not create traffic by negligently stopping in the middle of the street or the intersection, even if they are granted the right of way. Since California is a comparative liability state, more than one individual may be found liable in a collision, including pedestrians. They must obey pedestrian laws. If they choose not to, then they will be found partially liable for a collision and will have damages reduced based on their degree of fault. 

Contact Us

On the occasion that you have suffered injuries in the city of San Bernardino because of a pedestrian accident, West Coast Trial Lawyers can assist you with recovering reimbursement for the troubles you have suffered. Email us at [email protected] or call us today at (909) 787-2178 for a free consultation with our seasoned and qualified legal team.

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