A pedestrian was killed in Century City on Tuesday.
The accident happened about 6:40 a.m. The pedestrian, an 80-year-old male, was crossing Olympic Blvd. at Linnington Ave. The driver who struck the pedestrian stopped and cooperated with policy, according to the California Highway Patrol.
Pedestrian Accidents – The Law in California
There is no marked crosswalk at the intersection of Olympic and Linnington, however, pedestrians are not required to use a marked crosswalk. The law which applies to pedestrians being hit in a crosswalk is California Vehicle Code Section 21950, Right of Way at Crosswalks, which states:
(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
As long as the pedestrians did not enter the roadway in front of a vehicle which was "close enough to constitute an immediate hazard," the driver bears responsibility for the accident.
If you or a loved one has suffered injury or death as the result of an accident, at personal injury lawyer at McGee, Lerer and Associates is available 24/7 for a free consultation. We have four office locations: West Los Angeles, Santa Monica, Long Beach and Pasadena.