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From the lens Pedestrian Rights: Analysis Of Pedestrian Accidents And Legal Advice From A California Injury Lawyer.

  • fortune Echefu Apr 5, 2012 @ 5:22 am | delete
    in Africa, adequate facilities and infrastructures are not provided for the pedestrian. there are no roads, talk less of Zebra crossings. under most African Constitutions ESC rights are classified as non-justiciable. would the failure of government providing adequate resources and infrastructures for pedestrians be considered a breach of the pedestrians right?
  • jballidis Apr 5, 2012 @ 5:14 pm | delete
    In California, the law defines the responsibilities of the government concerning the design and maintenance of public property. For example, while California Government Code section 817 exempts the government from liability for injuries sustained on public property due to an act or omission on its part, there are statutory exceptions to this rule, such as those found in section 830. Section 830 allows for government liability in cases in which the government creates or fails to correct a dangerous condition that could foreseeably cause harm.

    The rights of pedestrians are often addressed in the laws and codes of a given state or country. Determining whether the government has breached those rights requires an examination of the laws in the country in question.

    I hope this helps to answer your question. Thank you for taking an interest in the website.
  • Lorrie Scott Jan 18, 2012 @ 10:03 pm | delete
    My daughter, who works in LA and lives in Van Nuys, rides a bus daily, and before and after the bus, she has several blocks to walk. She wears black slacks at work, and her coat is fairly dark. She had the light to cross the street, and a left turning car, with the driver looking down or away, pulled out and nearly hit her. She swears it is all his fault. I agree that the pedestrian, following the rules has the right away, but I contend she also needs to be responsible within reason, and wear lighter colored clothing. It does little good to be right, and dead. What are the laws in California? Can she also be cited for contributing to the accident? I know I have made turns before and not seen someone in dark clothing. It can cause shakes knowing how close I came to an accident. I am not suggesting she wear four strobe lights, wear a road crew reflective vest, and wear a headlamp. I suggest a reasonable attempt as safety is her responsibility. She insists it is like blaming a rape victim for wearing provocative clothing for the cause of the rape. Help Please.
  • jballidis Jan 20, 2012 @ 12:12 pm | delete
    Thank you for your recent post on our website. In a sense, both you and your daughter are correct. Your post mentions that the car "nearly hit her" but then later says "could she be cited for contributing to the accident." It is not 100% clear to me if an accident actually occurred. Assuming your daughter was struck, the following would be factors in determining liability.

    If you daughter was walking within the crosswalk on a green signal she would have the right of way, provided that she did give proper look out. Although she does have the "right of way" your daughter also has the duty to cross only when "safe." This does not mean that it is always safe, even though the light is green, and she is in the crosswalk. An example of this would be if an emergency vehicle with lights and sirens was going through the intersection. Just because a pedestrian has a green light, doesn't mean she can step in front of an ambulance with its lights and sirens on.

    There may be a justified reason why a car is turning on red and have the right of way. If the car was making a left turn at an intersection after waiting for traffic to clear, many times these turns are made when the car's light is red. In this instance, the pedestrian would have the green, but the pedestrian would also have to wait until the car cleared the intersection and completed its left turn.

    Your daughter is not required to wear reflective or light colored clothing to avoid an accident. There would be no violation for having dark pants and a jacket.

    Safety is every one's responsibility, and getting home safe should be every one's priority. I hope that your daughter was not actually involved in an accident, and the two of you were discussing it hypothetically, however if an accident did occur, please contact me directly so we may look at your individual case more closely.

    I hope this information was helpful.
  • lorrieann123@hotmail.com Jan 21, 2012 @ 2:00 am | delete
    Thand you for such a fast and clear response. I should have said, "In the event of an accident", could my daughter be charged with some responsibility in wearing dark clothing. A friend lost her son a few years ago. He was walking along side of a country lane, late in January, and was wearing dark clothes. The man that hit him was unable to see him fast enough and in the end was not charged in the death. I do hope our hypothetical conversations remain that way, and she as well as everyone else, does what they can to remain safe when ever possible.
  • fortune Echefu Jan 16, 2012 @ 9:42 am | delete
    under which basic right can the pedestrian right be categorised? right to movement?
  • jballidis Jan 20, 2012 @ 11:33 am | delete
    Thank you for your interest in this lens. To answer your question, pedestrians have certain rights to movement in traffic. For instance, pedestrians have the right of way while traversing a crosswalk when the walk signal is on.
  • jballidis Jan 20, 2012 @ 11:33 am | delete
    Thank you for your interest in this lens. To answer your question, pedestrians have certain rights to movement in traffic. For instance, pedestrians have the right of way while traversing a crosswalk when the walk signal is on.
  • kimdpierson Oct 13, 2011 @ 1:13 am | delete
    Very Very...Grete lence....keep it up...
  • Gloria Castro Aug 22, 2011 @ 8:05 am | delete
    A friend of mine was crossing the street intoxicated. He was not at a cross walk
    He was hot by a motorcycle & sustained major injuries, including surgery. He underwent surgery to hos right leg, due to three fractured bones. He has a rod & pins. He has also sustained psychology trauma also.
  • jballidis Aug 22, 2011 @ 10:26 am | delete
    I am sorry to hear about your friend's accident. I wish him a full recovery from his injuries. If he would like to discuss his rights and options, please have him call us at 866-981-5596. Thank you for contacting us.
  • Georgia Lemon Law Feb 21, 2011 @ 4:13 am | delete
    Great Information... Please post more... Thank you Georgia Lemon Law
  • tessa Woodmansee Jan 31, 2011 @ 2:33 pm | delete
    In California, does the pedestrian have the right of way? Most probably yes. However does the dmv state that NO vehicle will enter the crosswalk when there is a pedestrian in it?
  • jballidis Jan 31, 2011 @ 2:49 pm | delete
    Yes, thank you for asking. Here is the DMV's section on this subject:

    V C Section 21950 Right of Way at Crosswalks

    Right-of-Way at Crosswalks

    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 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.

    (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 marked crosswalk or within any unmarked crosswalk at an intersection.
  • ottoblotto Sep 14, 2010 @ 6:41 am | delete
    Excellent lens! You have given us very useful information.
  • hlkljgk Sep 9, 2010 @ 9:42 am | delete
    thanks. this is actually useful info.
  • CCGAL Sep 1, 2010 @ 10:00 pm | delete
    Welcome to Squidoo! It's always nice to see professional people sharing their knowledge in this venue. Good job on this lens - it's useful and is well laid out. Kudos. Thumbs up, a fav, and I'm going to be your first fan. I hope you enjoy the Squidoo community - in my humble opinion, Squidoo attracts some of the nicest people on the planet.
  • jballidis Sep 2, 2010 @ 11:11 am | delete
    Thank you! I appreciate your comments. It is great to have a medium like Squidoo for professionals to share information and news. I have already learned some very interesting facts from browsing just a few lenses. I will definitely check yours out next!
    Thanks again!

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jballidis

James Ballidis is a California injury lawyer specializing in pedestrian injury claims. He is also the author of several articles and books on personal... more »

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