Q I was crossing the street and hit by a car. What are my rights?
AAs a pedestrian you have the right of way in California, even if you are not at a crosswalk, but your rights vary depending upon the facts.
If you are crossing a street in an intersctional crosswalk with the light green for your direction, you have absolute rights and liability will be fully placed onto the driver of the car that struck you.
If you are crossing a driveway and a car exiting the parking lot strikes you , you have the absolute right of way as well.
When you are crossing a street at other than the crosswalk, you have to prove that the driver should have seen you or known you were there to assess liabiltiy on them. As an example, if you were crossing a large street and several cars stopped for you as they saw you, the other sriver that struck you may be found liabile for not also stopping.
You may also have a claim if a driver is speeding, or breaking other laws that cause you to be hit, even if you are not crossing within a sidewalk. As you can see there are many situations where a pedestrian has rights, and a pedestrian accident attorney can help you determine your rights. Call us if you would like to speak to us at 1 866-981-5566 or contact us through our web portal. We are here to help you.