Two women crossing a street in Glendale last night were struck and badly injured by a hit-and-run driver. According to NBC News, the pedestrians, ages 59 and 73, were crossing California Avenue at about 8:00 p.m. when a light colored or white sedan ran a red light and collided with the victims before speeding off. Both of the women were knocked into the air and across the intersection. The younger victim, Bekzad Shahbazian, is described as being in critical but stable condition, but her neighbor is apparently in grave condition. The two women were simply walking home from the mall, as they often did, when the accident occurred. Anyone with information regarding this case should immediately contact the the Glendale Police Department.
Liability Issues
There can be little doubt who bears the responsibility for the accident above: the hit-and-run driver. The two victims, according to police, were in the crosswalk on a green light and had the right of way. However, under California law, every person has a right to expect that every other person will use reasonable care and will not violate the law, unless he or she knows, or should know, that the other person will not use reasonable care or will violate the law. In other words, if a pedestrian is about to enter the street and, after looking both ways, should be able to determine an approaching vehicle is traveling too fast to stop, they have a duty not to cross the street until it is safe to do so. Even someone who clearly has the right of way can be found at least partially at fault if they fail to take minimal precautions to determine whether others around them are going to follow the law. In the case of a motor vehicle versus pedestrian, it should also be remembered that while both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians. Even assuming a pedestrian, with the right of way, does not look before walking into a street, they would still be much less to blame than the driver of a car striking them.
If you or a loved one has been injured in an auto versus pedestrian accident, a free consultation with an Orange County accident attorney is likely the best way to find out about your right to compensation.
SOURCE: Hit-and-Run Driver Strikes 2 Women in Glendale Crosswalk, NBC News, Southern California, October 4, 2013, by Samantha Tata, Oleevia Woo, Jonathan Lloyd and Toni Guinyard
Liability Issues
There can be little doubt who bears the responsibility for the accident above: the hit-and-run driver. The two victims, according to police, were in the crosswalk on a green light and had the right of way. However, under California law, every person has a right to expect that every other person will use reasonable care and will not violate the law, unless he or she knows, or should know, that the other person will not use reasonable care or will violate the law. In other words, if a pedestrian is about to enter the street and, after looking both ways, should be able to determine an approaching vehicle is traveling too fast to stop, they have a duty not to cross the street until it is safe to do so. Even someone who clearly has the right of way can be found at least partially at fault if they fail to take minimal precautions to determine whether others around them are going to follow the law. In the case of a motor vehicle versus pedestrian, it should also be remembered that while both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians. Even assuming a pedestrian, with the right of way, does not look before walking into a street, they would still be much less to blame than the driver of a car striking them.
If you or a loved one has been injured in an auto versus pedestrian accident, a free consultation with an Orange County accident attorney is likely the best way to find out about your right to compensation.
SOURCE: Hit-and-Run Driver Strikes 2 Women in Glendale Crosswalk, NBC News, Southern California, October 4, 2013, by Samantha Tata, Oleevia Woo, Jonathan Lloyd and Toni Guinyard
No comments:
Post a Comment