Who Is Liable for a Pedestrian Accident in Granada Hills?
When a pedestrian is struck by a vehicle in Granada Hills, the liability analysis determines who pays for the injuries. In most cases, the driver is primarily or entirely at fault. But liability can involve multiple parties, including the driver, government entities, and in some cases the pedestrian. Understanding how liability works in these cases is essential to pursuing full compensation.
Driver Liability in Pedestrian Accidents
California law imposes strong duties on drivers to protect pedestrians. Vehicle Code Section 21950 requires drivers to yield the right of way to pedestrians in both marked and unmarked crosswalks. Vehicle Code Section 21954(b) requires drivers to exercise due care for the safety of any pedestrian on the roadway, even outside a crosswalk.
In practice, these laws mean that drivers who hit pedestrians are almost always liable. The driver may attempt to shift blame, but the legal framework heavily favors pedestrians in Granada Hills and throughout California.
Common forms of driver negligence that cause pedestrian accidents on Granada Hills streets include failing to yield to a pedestrian in a crosswalk on Chatsworth St or Zelzah Ave. Running a red light and striking a pedestrian crossing with the walk signal is another frequent cause. Making a right turn on red without checking the crosswalk on Balboa Blvd results in serious crashes. Distracted driving, including texting and phone use while operating a vehicle, diverts driver attention from pedestrians. Speeding through residential areas and school zones reduces the driver's ability to stop for crossing pedestrians. Backing out of driveways and parking spaces without checking for pedestrians on the sidewalk also causes injuries.
Each of these scenarios establishes driver negligence, making the driver liable for all damages caused to the pedestrian.
When the Pedestrian Shares Fault
California uses pure comparative negligence, which means a pedestrian can share fault for the accident and still recover compensation. The pedestrian's recovery is reduced by their percentage of responsibility.
Situations where a pedestrian may share some fault include crossing mid-block outside of a crosswalk, entering the roadway suddenly without giving the driver time to react, crossing against a traffic signal, and walking while intoxicated and stumbling into the roadway.
Even in these situations, the driver typically bears the majority of fault because drivers have a heightened duty to watch for and avoid hitting pedestrians. A driver who is paying attention and driving at a safe speed should be able to avoid most pedestrian conflicts. Insurance companies exaggerate pedestrian fault to reduce payouts, and an attorney fights back against these arguments with evidence.
Government Liability for Unsafe Conditions
The City of Los Angeles may share liability for pedestrian accidents in Granada Hills if unsafe road or intersection design contributed to the crash. Government liability may apply when there are missing or faded crosswalk markings that leave pedestrians unprotected, lack of pedestrian signals at high-traffic intersections, inadequate lighting at crossings, missing or broken sidewalks that force pedestrians into the street, and failure to install traffic calming measures in areas with high pedestrian traffic.
Specific Granada Hills locations where intersection design may contribute to pedestrian accidents include busy crossings along Chatsworth St, Zelzah Ave, and Balboa Blvd. If the City knew about dangerous conditions at these locations and failed to address them, the City may bear partial liability.
Claims against the City of Los Angeles require filing a government tort claim within six months of the accident. This is a strict deadline that cannot be extended in most circumstances. An attorney files this administrative claim immediately to preserve your right to sue the City.
Commercial Property Owner Liability
If a vehicle struck you in a parking lot of a commercial property on Chatsworth St, Balboa Blvd, or elsewhere in Granada Hills, the property owner may share liability if the parking lot's design was unreasonably dangerous for pedestrians. Missing pedestrian walkways, poor sight lines, inadequate signage, and insufficient lighting can all contribute to parking lot pedestrian accidents.
Proving Liability After a Granada Hills Pedestrian Crash
The police report from LAPD is the starting point for proving liability. The report documents the crash location, driver and pedestrian statements, witness statements, and any traffic citations issued. Your attorney builds on the police report by obtaining surveillance footage from nearby businesses, consulting with accident reconstruction experts, reviewing the driver's phone records for evidence of distracted driving, and photographing the intersection or crash location to document visibility, sight lines, and signal timing.
Medical records from Providence Holy Cross Medical Center in Mission Hills document the severity of your injuries and connect them to the crash. The Chatsworth Courthouse handles any lawsuits that arise from pedestrian accidents in the area.
Contact a Granada Hills Pedestrian Accident Attorney
If you were struck by a vehicle while walking in Granada Hills, contact a Granada Hills pedestrian accident lawyer at L&F Brown for a free consultation. We will investigate the crash, determine all liable parties, and fight for the maximum compensation available. Visit our Granada Hills page to learn more about our services.
Pedestrian Rights and Driver Duties in Granada Hills
California Vehicle Code Section 21950 requires drivers to yield the right of way to pedestrians in crosswalks, whether marked or unmarked. Drivers approaching a crosswalk must exercise due care and reduce speed or stop to allow pedestrians to cross safely. This duty applies at every intersection in Granada Hills, including along Balboa Blvd, Chatsworth St, Zelzah Ave, and Rinaldi St.
Even outside of crosswalks, drivers have a duty to exercise due care to avoid hitting pedestrians. If a driver was speeding, distracted by a phone, or failed to keep a proper lookout, they can be held liable for hitting a pedestrian regardless of where the pedestrian was crossing.
Pedestrian accident injuries are almost always severe because there is no barrier between the pedestrian and the vehicle. Fractures, traumatic brain injuries, spinal cord damage, internal organ injuries, and fatal injuries are common. Treatment at Providence Holy Cross Medical Center in Mission Hills is typically just the beginning. Long-term rehabilitation, assistive devices, home modifications, and ongoing medical care can generate costs that extend years into the future.
California's comparative fault rules apply to pedestrian cases. If the pedestrian was crossing against a signal or outside a crosswalk, the driver's insurance company will argue that the pedestrian was partially at fault. Even with partial fault, the pedestrian can still recover damages, just reduced by their percentage of fault. An attorney experienced in pedestrian cases can minimize unfair fault assignments and maximize your recovery through negotiation or litigation at Chatsworth Courthouse.
Contact a Granada Hills personal injury attorney at L&F Brown for a free consultation. We handle pedestrian accident cases on contingency, so you pay nothing unless we recover compensation for you. Call us today.
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