Antioch Pedestrian Hit While Crossing Buchanan Road
My name is Ed Smith, and I am an Antioch personal injury lawyer. A collision between a pedestrian and motor vehicle resulted in serious injuries to the walker on Monday, April 3. The driver of the vehicle stayed at the accident scene, and neither drugs nor alcohol seemed to be a factor in the pedestrian accident.
What Happened?
An Antioch emergency dispatcher was notified about 8:38 in the evening that an accident had occurred at Buchanan Crossing and Buchanan Road in Antioch, where a motor vehicle had struck a pedestrian. Upon arriving, it was discovered by Antioch Police that a female resident of the city, 46, had been crossing at an intersection on Buchanan Road. However, she was reportedly crossing against the red light. An Antioch police representative reported that the injured woman suffered traumatic injuries to her lower extremities and was transported to the hospital for treatment.
Pedestrian Accidents
Both pedestrians and drivers have a duty of care to act within the law to avoid accidents, which may cause injury or loss of life of another individual. Pedestrian safety is a particularly important issue in California because about 22 percent of traffic fatalities are pedestrians. According to the California Department of Motor Vehicles, motorists are required to yield to pedestrians in a crosswalk. However, California Vehicle Code §21950 states that the pedestrian also has an obligation to not constitute a hazard when crossing the street, which means that the pedestrian should only cross when the light is green for walkers. Because a walker is crossing against the light, it does not relieve the driver of his or her duty of care to safeguard the walker.
Comparative Negligence in California
In California, comparative negligence is for situations where individuals are both partially at fault in a car accident. An individual who is considered partially at fault may be able to recover damages, which are reduced by what the court deems that individual’s percentage of fault. For example, if a plaintiff seeks damages of $50,000 and is deemed by the court to be 10-percent responsible for an accident, the plaintiff can still recover $45,000. California uses a “pure” standard of comparative negligence, unlike some other states, which means that the plaintiff can sue for damages even if he or she is mostly at fault for the accident.
Attorney Ed Smith
Lawyer for Antioch Personal Injuries
I’m Ed Smith, an Antioch personal injury lawyer, who has worked in California since 1982. If you are faced with mounting expenses due to a pedestrian accident, call (925) 428-5220 or at my toll free number (800) 404-4500. I am pleased to offer advice that is free and friendly.
Yelp and Google have some of my client reviews. On Avvo you can find reviews of my work by other lawyers and clients.
The Past Verdicts and Settlements page on my website offers additional information.
The Million Dollar Advocates Forum, of which I am a member, is for attorneys with high-damage client settlements and verdicts.
Picture Source: https://pixabay.com/en/crosswalk-intersection-street-road-925006/
Antioch Pedestrian – Source: http://www.accidentsinus.com/Accidents/Detail.aspx?Accident=5da2c4e8-1fca-45ee-9579-aa6e48947043
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