We were thinking about this while reading of the terribly tragic case of a Montebello crash in which a mother was killed and her two small children were injured on October 1. The driver in the case was not suspected of driving under the influence and cooperated with police. As to the issue of liability, we obviously do not have enough information for an opinion, but since the unfortunate family members were not in the crosswalk, it's not all clear whether the fault for this personal injury would be borne by the driver or, as tragic as this case is, the deceased mother.
The fact of the matter is that pedestrians, too, carry some responsibility for preventing accidents. Using cross walks and traffic lights where they are available is both legally mandated and just plain common sense...especially when you are crossing with children.
We understand that L.A. streets can be enormous and finding a crosswalk can sometimes be very inconvenient. However, pedestrians really do need to be mindful of the fact that, while drivers have an ethical and legal responsibility to watch out for them, pedestrians also have a responsibility to allow themselves to be visible to drivers at all times. Jaywalking pedestrians on streets are often quite difficult to see, especially if they decide to walk in front of oncoming traffic in a sudden manner.
Of course, a great deal of the time when pedestrians are injured or killed, some or all of the responsibility belongs to drivers. When that is the case, an attorney in Los Angeles may well be essential and the Law Offices of Burg and Brock are ready and able to help.
Even so, prevention is always best. Use crosswalks and lights at all times and always watch out for vehicles that might be manned by a drunk or reckless driver or which simply might not see you in enough time to stop.
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