Quirk Accident & Injury Attorneys represent pedestrians injured on Lynn Rd. Everyone relies on some form of transportation to get around Thousand Oaks, but at some point everyone becomes a pedestrian. And when drivers are careless on the road, they can create a dangerous environment for you and your loved ones.
If you’ve been injured in a pedestrian accident, the Pedestrian Accident Attorneys at Quirk can help. Contact us today for a no-cost, no-obligation consultation.
How a Pedestrian Accident Lawyer Can Help
Recently, the City of Thousand Oaks has begun a program to improve mobility and bicyclists throughout the community. The project is set to install new Class IV (barrier-separated) bike lanes and pedestrian improvements across a 5.5-mile segment of Lynn Rd. between Gainsborough Rd. and S. Reino Rd.
The change was introduced by the City of Thousand Oaks due to the dangers so many pedestrians have faced while walking down Lynn Road. Even with so many precautions in place, pedestrians are always at risk when there is a careless or reckless driver on the road.
When pedestrians are seriously injured in an accident, they’re often left with enormous medical bills, lifelong health complications, and an inability to work. That’s why Quirk Accident & Injury Attorneys advocate on behalf of injured pedestrians in Thousand Oaks. We manage injured pedestrians’ accident claims and protect their right to be fully compensated for the following damages:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Lost career growth such as raises and promotions
- Property damage
- Lost future earning capacity
- Pain and suffering
What are the Right-of-Way Rules for a Crosswalk in Thousand Oaks
The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:
- All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
- A driver must stop before the line, not in the middle of the crosswalk.
- A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
- Drivers are not permitted to pass stopped vehicles while they’re allowing pedestrians to cross at a crosswalk.
However, a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.
Can a Pedestrian Cross the Street Outside a Crosswalk in Modesto?
If you attempt to cross the street without a crosswalk, or outside of an intersection, you can still cross the street according to California Vehicle Code 21954 (a). This statute states:
“Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”
Other notable pedestrian laws include:
- Pedestrians lose right-of-way at crosswalks whenever traffic lights or law enforcement officers indicate for them to remain on the curb.
- Pedestrians are not permitted in bike lanes when a walking path is available.
- Jaywalking is not illegal in California if it is done safely and with no oncoming traffic.
- Pedestrians with impaired vision that require a can or a guide dog have the right-of-way at all intersections
Comparative Negligence in a Pedestrian Accident on Lynn Rd.
In California, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
In most cases, drivers are the at-fault party in pedestrian accidents, however, there can be exceptions. Contrary to popular belief, pedestrians do not always have the right-of-way. For example, let’s say you’re in a hurry to get something to eat on the other side of Lynn rd.
You attempt to run across the crosswalk when the crossing light is indicating you not to walk. You’re struck by a vehicle that was also in a hurry and ran a red light. In this case, you can be assigned a percentage of the fault for crossing the street when you were not supposed to.
In this hypothetical scenario, you could be found by a jury to be at 40% fault for your injury. This would leave the driver with 60% of the fault for not being more aware of a person in the street. So, if the final verdict rewards the injured pedestrian with $200,000, they will get $120,000 because their compensation will be reduced by the 40% they were found at fault.
Legal Duty of Pedestrians at a Crosswalk in California
According to California Vehicle Code 21950 (b), pedestrians owe a legal duty to motorists to exercise due care for themselves and other pedestrians around them. CVC 21950 (b) states:
“This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
So, while there are laws to protect pedestrians in crosswalks, pedestrians must exercise caution and avoid stepping out into a crosswalk when it is unsafe. Being aware of traffic also includes traffic control devices. Pedestrians must yield to motorists who have a green light.
They must also not step into a crosswalk when the “Don’t Walk” signal is displayed. Not only is it against the law for a pedestrian to cross an intersection with a “Don’t Walk” signal, but this action can also make them liable for any collisions that may occur as a direct result.
What to Do If You’ve Been Injured in a Pedestrian Accident on Lynn Rd.
Your first step after a pedestrian accident should be to seek medical care. If you’re too injured to move on your own, call 911. Even if you think you’re going to be okay, it is recommended to be seen by a doctor to make sure you’re okay. Muscle, ligament, and brain injuries can take time to get worse, so you should be evaluated by a medical professional after any type of significant accident. If you’re able to remain at the scene of the accident, you should get the following information:
- The name and contact information of the driver, as well as any other people involved
- The driver’s license plate number, insurance information, and the driver’s license number
- Witness information
- Police report
It may seem like a lot to document after an accident, but don’t be afraid to use your phone to take photos of everything. Some victims may think they don’t have time to write everything down, but your smartphone can take photos of important documents, as well as capture video of the incident.
Contact a Thousand Oaks Pedestrian Accident Lawyer
If you or a loved one has been involved in a pedestrian accident on Lynn Rd., Quirk Accident & Injury Attorneys can provide you with skilled legal support to help you get the compensation you need. We understand the enormous medical costs associated with vehicle accidents, which why we will aggressively pursue a settlement to match the full extent of your damages, even if you were at fault for your injuries. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
To consult with our legal experts, contact Quirk Accident & Injury Attorneys today for a no-cost, confidential consultation.