I was walking across a crosswalk east to west when a car traveling east made a right turn trying to go south, so basically the car hit me as I was just getting ready to step on the curb on the west side. I was launched onto the hood and the right side of my head hit the passenger upper corner of the windshield, causing it to shatter, and then I was thrown off another 15 or 20 feet.
I was unconscious for a few seconds and only remembered walking to work. My girlfriend who was with me is my only witness but for some odd reason she is not on the police report. There are two independent witnesses that have made statements placing me in a different location.
The police report says I am at fault for not yielding to a car, but my witness also was there and she just barely missed the car. I thought pedestrians always had the right of way anyway? Is this correct?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
While California law requires cars to yield to pedestrians, there are some exceptions. If a police officer determined from his or her investigation that you interjected yourself into a dangerous position where serious bodily injury or death might have occurred you may be liable for the results of your actions. Alternately, if you were already clearly in the intersection and the driver disregarded you and your girlfriend, he must be held liable.
It is difficult to speculate the reasons for the officer’s actions. If you are sure an injustice has been perpetrated and you want to pursue your claim for damages, you can cut through all the “red tape” and file a Small Claims lawsuit. (The driver’s name and address should be on the Police Report).
For a nominal filing fee you will be able to bring the driver and the police officer to court to have them testify truthfully under penalty of perjury. If you prevail, then the court may award you several thousand dollars.
Learn more here: Pedestrian Accident Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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