The Mercury News recently reported in an article that a 16-year-old female student from Palo Alto High School was struck by a vehicle as she attempted to cross six lanes of traffic in order to catch her bus. The driver of the vehicle, a 75-year-old woman from San Jose, was apparently unaware that she had struck a person. The driver was only aware only that she had possibly hit something, but didn’t know what it was. The accident occurred on El Camino Real, and was not the fault of the driver. However, it is still being determined whether or not the woman will have to face hit-and-run charges because she did in fact leave the scene of the crime.
While the 16-year-old did break a traffic law, pedestrians are still afforded the right-of-way in all instances involving vehicles. Whether or not the elderly woman failed to even see the teenage girl is unknown at this time. One officer’s opinion of the driver’s state-of-mind was that she seemed “disoriented” and “confused.” In many auto accidents involving pedestrians, driver inattention often plays a significant role in pedestrian injury. Failing to observe all rules of the road, particularly those that protect pedestrians, puts unsuspecting pedestrians at risk of injury. In instances where driver inattention or other negligent behavior plays a determining factor in causing pedestrian injury, it is the responsibility of the negligent motorist to accept accountability.
At Van Der Walde & Associates, our experienced San Jose pedestrian accident lawyers will examine the details of your pedestrian incident to determine if negligence played any sort of role, and will hold all parties responsible for their negligence actions. We have assisted many pedestrian accident victims receive compensatory damages to help with recovery. If you have recently been injured, don’t hesitate to contact a skilled personal injury attorney to ensure that your rights are protected in a court of law. Please call Van Der Walde & Associates today at 877-862-6288 for a free consultation.
Source Article: http://www.mercurynews.com/peninsula/ci_13221109?nclick_check=1
