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Allen, Flatt, Ballidis & Leslie, Inc.

Hurt in an Orange County Crosswalk Accidents: Who is at Fault?

In California, a driver must yield to a pedestrian in any marked or unmarked crosswalk. While the driver must look out for pedestrians and take care not to threaten their safety, the pedestrian must also pay attention to his own safety.  He should follow safety rules. He should watch for cars and avoid walking directly into traffic.  If it is dark, he should clothing that allows him to be seen. For more pedestrian safety tips, click here. However, not following safety rules does not excuse a driver from his duty to watch for and yield to the pedestrian.
According to California Vehicle Code 21950:
(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of 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.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any unmarked crosswalk or within any unmarked crosswalk at an intersection.
If you are a victim of an Orange County crosswalk accident, an experienced pedestrian accident lawyer can advise you of your rights. Contact the Orange County accident attorneys at the law office of Allen, Flatt, Ballidis & Leslie at 866-981-5596 for a free legal consultation.
To learn more about choosing a California personal injury attorney, download our free guide: “Avoid Lawyer Advertising Hype! A Lawyer's Method for Finding a Lawyer.”

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