Halloween is an exhilarating time for both children and adults, as costumes, candy, and the thrill of the night reign supreme. However, with increased pedestrian traffic and distractions, it’s essential to prioritize safety. Below, our experienced pedestrian accident lawyers go over some safety tips.
Wear Reflective Clothing And Accessories
While spooky costumes are fun, it’s essential to ensure they are visible in the dark. Consider adding reflective tapes or patches to costumes or carrying glow sticks. Reflective wristbands and shoes can also make a difference in being seen.
Use Flashlights Or Headlamps
Holding a flashlight or using a headlamp can not only illuminate your path but also ensure you’re seen by drivers. It’s also an added layer of protection from tripping hazards.
Stick To Sidewalks And Designated Crosswalks
Avoid walking in the street whenever possible. When crossing roads, always use crosswalks or intersections. In areas without sidewalks, walk facing traffic.
Stay Vigilant And Avoid Distractions
It’s easy to get distracted, especially during Halloween festivities. However, refrain from using mobile phones or wearing headphones. Always stay aware of your surroundings.
There’s strength in numbers. Walking in groups makes you more visible to drivers.
Drivers’ Duty Of Care: Watching For Halloween Pedestrians
Driving on Halloween or any other night demands particular vigilance, especially in residential areas swarming with excited children and families. Understanding the duty of care can help prevent unfortunate incidents.
Adhere To Speed Limits
The state of California, under the California Vehicle Code Section 22350, states that “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent…” In residential areas, this often means slowing down below the posted limit, especially during trick-or-treating hours.
Expect The Unexpected
Children, in their excitement, might dart into the road without warning. Always be prepared for sudden movements and avoid distractions like mobile phones.
Use Headlights, Even Before Dark
Even in the twilight hours, turning on headlights can make a significant difference in visibility.
Give Right Of Way To Pedestrians
According to the California Vehicle Code Section 21950, motorists are required to yield the right-of-way to pedestrians crossing roadways regardless of whether the crosswalk they’re in is unmarked or marked.
Potential Liability In Case Of Injuries
Should an accident occur, California’s laws establish clear guidelines for determining liability:
If a driver fails to exercise a reasonable standard of care and injures a pedestrian, they might be deemed negligent and thus liable for damages.
California follows a “pure comparative negligence” system. This means if you are found partially at fault (say, for not using a crosswalk), any damage reward you receive would be reduced by your percentage of fault.
Duty Of Care
As previously noted, drivers have a heightened duty of care in residential areas, especially during times when pedestrian traffic is expected to increase.
Seeking Guidance From A Pedestrian Accident Lawyer
Halloween should be a fun and memorable occasion. By adhering to these safety tips and understanding your legal responsibilities and the legal responsibilities of others, our communities can better ensure a safe environment for everyone. Should you or a loved one unfortunately find yourself injured while traveling as a pedestrian, always seek appropriate medical attention first, and then consult with a trusted California personal injury attorney to understand your rights and whether you may be in a strong position to file a pedestrian accident claim or personal injury lawsuit.
Law Offices of Samer Habbas & Associates, PC skilled personal injury lawyers focus on getting our injured clients the justice and compensation that they deserve. With multiple offices in Irvine, Los Angeles, El Segundo, San Diego, and Riverside, our personal injury attorneys represent injured victims across Southern California. For more information or to schedule a complimentary consultation with one of our attorneys, please call 949-727-9300.
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