Getting hurt in a car accident as a pedestrian is traumatic and challenging enough. When these accidents happen in school zones, the stress can feel overwhelming. Parents trust these areas to keep their children safe, and drivers must follow strict speed limits and safety rules. Yet accidents still happen, leaving victims and families to cope with serious injuries and mounting bills.
Understanding your legal options can make a difference in protecting your rights during this difficult time.
Can you hold the driver accountable?
Yes, especially if they violated school zone safety rules. California law requires drivers to use extra caution around schools. When drivers fail to meet this higher duty of care and cause accidents, they can be liable for injuries. This is especially true in areas where children are known to be present, as courts expect drivers to be more careful and alert.
To prove the driver was at fault in a claim, plaintiffs must show they failed to use reasonable care. In school zones, this means:
- Following posted speed limits: School zones require speeds of 25 mph or lower when children are present. Breaking these limits may count as negligence.
- Staying alert and focused: Drivers must watch carefully for children, who may act unpredictably. Using phones, eating or other distracting activities near schools shows dangerous behavior.
- Following special school zone rules: This includes stopping for school buses, obeying crossing guards and watching for children during arrival and dismissal times.
- Adjusting to conditions: Drivers must slow down in bad weather, poor visibility or heavy pedestrian traffic near schools.
Evidence like police reports, witness statements, and security videos can help determine whether the driver failed to meet their duty of care. An attorney can help you gather this evidence and build a strong case for compensation.
You have the right to seek justice
Getting injured in a car accident as a pedestrian can shake your sense of safety, especially if it happens in a protected area like a school zone. However, there is a way forward. Let an attorney handle the complicated legal process so you can focus on your recovery.