As a driver, it could be confusing when trying to determine if you or a pedestrian has the right of way according to the law. Since there are many opportunities for you to make a careless error in judgment when driving through an area that is known to frequent heavy foot traffic, you should take the time to familiarize yourself with the laws protecting pedestrians.
One question that is always on the mind of drivers is whether they have to wait for pedestrians to completely cross a street before moving forward. Fortunately, our attorneys at Karlin & Karlin experienced in these types of cases have come together to shed light on this topic.
In California, the law does not state that a driver must wait for the pedestrian to fully exit the crosswalk or the street before they proceed on their way in their lane. A pedestrian must be safely out of the driver’s path of travel for them to begin driving again. According to the law, a driver must yield the right of way to a pedestrian in a marked or unmarked crosswalk at an intersection while exercising due care at all times. However, a pedestrian is not protected by law to enter the street or roadway when they don’t have the right of way.
Pedestrians must always practice due care and should only cross a road or intersection when they have the right of way. They must not move into the path of a vehicle and create a hazard. If someone walks into the street when a driver doesn’t see them, even if they have the right of way, a deadly accident could be the result. Drivers should also be cautious when approaching a crosswalk or intersection where pedestrians are present by reducing their speed. Once a pedestrian is no longer in their path of travel, the driver should proceed slowly once there is plenty of clearance between them and all walkers.
If you are involved in a pedestrian accident and have questions about who had the right of way, contact a lawyer today to discuss your options. Navigating an accident case without an attorney can be difficult and a large burden. Contact the attorneys at Karlin & Karlin today to discuss your case and see if you could be entitled to compensation.
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