Pedestrian Killed in Alameda
Posted on Apr 9, 2014 12:34pm PDT
A 64-year old woman was struck and killed as she tried to cross the street in Alameda. The incident took place on Otis Drive near the South Shore Shopping Center. According to
KTVU the pedestrian was not in a marked crosswalk.
The issue of a "marked" versus an "unmarked" crosswalk is addressed in this earlier post. The rights and responsibilities of drivers and
pedestrians are set out in California Vehicle Code 21950. Basically, it requires drivers to yield the right of way to pedestrians in marked or unmarked crosswalks and requires pedestrians to use due care. That code section is forth below in full:
21950. (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.
Pete Clancy is an Oakland personal injury attorney. He has been named a "Rising Star" by Super Lawyers Magazine every year sinec 2010. He is a Life Member of the Million Dollar Advocates Forum, named to the National Trial Lawyers Association "Top 40 Under 40" in California, and was named of the "Top 100 Trial Lawyers" by the National Trial Lawyers Association.