Pedestrian Struck by Car in Alameda

An Alameda pedestrian was hit by a car while crossing the street in a marked crosswalk yesterday morning. The incident happened at the intersection of Central Avenue and Weber in Alameda. The driver reported that he was temporarily blinded by the sun. Of course, a driver is required to always maintain a lookout, and to yield the right of way to pedestrians. There are two Vehicle Code sections that apply:

Vehicle Code §22350 requires a driver to drive at a speed appropriate for the conditions. It provides:

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

In addition, California Vehicle Code §21950 provides:

(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.

…

(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.

Pete Clancy is an Oakland personal injury lawyer.