If Driver A stops for pedestrians and Driver B crashes into them in California, Driver B is likely to be considered at fault for the accident. Here’s how this situation would generally unfold in a California personal injury case:
🛑 Key Legal Considerations
- California Law on Pedestrian Right-of-Way:
- California Vehicle Code § 21950 requires that drivers must yield to pedestrians crossing at marked or unmarked crosswalks. If Driver A stopped to allow pedestrians to cross, they were likely following the law, which prioritizes pedestrian safety.
- Driver B, who crashed into the stopped vehicles or pedestrians, is likely at fault for failing to observe the stopped traffic ahead and for not maintaining a safe following distance or driving with caution.
- Driver B’s Responsibility:
- If Driver B rear-ended Driver A, it indicates that they were either following too closely, driving too fast, or not paying attention (e.g., distracted driving, impaired driving).
- Driver B could be negligent for failing to stop in time when traffic was stopped for pedestrians, and their actions likely caused harm to both Driver A and the pedestrians.
- Pedestrian Liability:
- In this case, the pedestrians are not at fault unless they were jaywalking or crossing outside of a crosswalk in a dangerous manner. However, if they were crossing legally and Driver A stopped properly, the focus will be on Driver B’s actions.
💼 Potential Claims and Damages
If you are representing Driver A or one of the injured pedestrians, they can seek compensation for:
- Medical expenses (for both the driver and pedestrians)
- Lost wages (if the crash causes the pedestrian or driver to miss work)
- Pain and suffering (physical pain and emotional distress caused by the crash)
- Property damage (to the vehicles involved)
- Future medical treatment (for long-term injuries or rehabilitation)
- Loss of enjoyment of life (if injuries significantly impair the pedestrian’s ability to live normally)
🧾 Evidence Needed to Support the Claim
To strengthen the case, the following evidence will be essential:
- Police Report: A police report will establish fault, especially if it indicates that Driver B caused the crash by rear-ending Driver A or driving recklessly.
- Witness Statements: Eyewitnesses can help establish that Driver B was speeding, distracted, or failing to stop in time.
- Traffic Camera or Dashcam Footage: If there is footage available (from Driver A’s car or nearby cameras), it could provide crucial visual evidence of Driver B’s failure to stop or driving behavior.
- Medical Records: These will document the injuries sustained by Driver A and the pedestrians.
- Photos of the Scene: Photographs showing the location of the crash, the position of the vehicles, the crosswalk, and any visible injuries or damage are helpful.
- Pedestrian Testimony: The pedestrians themselves may be able to testify that they were in a safe location and following traffic laws when the crash occurred.
⚖️ Comparative Fault in California
California follows a pure comparative negligence rule, which means:
- Even if Driver A or the pedestrians were partially at fault (for example, if the pedestrians were crossing when they shouldn’t have been), they could still recover damages, but their recovery would be reduced by their percentage of fault.
- However, in a scenario where Driver A is simply stopping for pedestrians and Driver B crashes into them, the majority of fault would likely lie with Driver B.
🚗 Potential Third-Party Liability
If Driver B’s vehicle had mechanical issues (like brake failure), and that contributed to the crash, a manufacturer or repair shop could share some of the responsibility.
Additionally, if Driver B was driving for a company (e.g., a delivery driver), the company could be vicariously liable for the crash if it occurred during the course of their employment.
📜 Next Steps
Here’s how to proceed with the case:
- Investigate and Collect Evidence: Gather police reports, medical records, witness statements, and any available footage.
- Insurance Claims: File a claim with Driver B’s insurance for property damage and medical costs.
- Demand Letter: If negotiations don’t lead to a fair settlement, consider sending a demand letter outlining the damages and requesting compensation.
- Possible Lawsuit: If a settlement can’t be reached, you may need to file a personal injury lawsuit against Driver B for the damages sustained.
Law Offices of James R. Dickinson – 909-848-8448
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