Friday, October 8, 2010

Pedestrian Hit by Semi in La Puente: Who had the right of way?

The common arguments in pedestrian accidents usually boil down to who has the right of way when the crash happened.

Take what happened in La Puente this week where a man broke his pelvis and had to undergo surgery after being struck by a semi-truck.

According to reports, the man entered the intersection as the truck was crossing South Covina Boulevard from Valley Boulevard.
The man was then struck by the right tire of the tire and he had to be airlifted to Los Angeles-USC Medical Center.

So who has the right of way?

Taking the information from the reports, I think that since there is an intersection, it is more than likely that there was also a crosswalk in the area as well.

Most intersections in California have crosswalks, whether it is marked or unmarked.
So assuming that the man used the crosswalk to cross then he has the right of way.

According to California traffic law, pedestrians always have the right of way in crosswalks and vehicles should always be prepared to stop when you see a pedestrian crossing.

So by virtue of that law alone, the victim can make a personal injury claim against the truck company to recover his losses.

However, he should still be wary of insurance adjusters as they will try to at least discredit his claim by arguing comparative negligence.

They can argue that the semi was already crossing the crosswalk when the man entered the intersection, which could still be a possibility as investigations are still ongoing.

What I recommend is that the victim should consult an auto accident attorney to help him in his accident insurance claim.