Freedom to Walk Act in Southern California: Pedestrian Accident Settlements Attorney

Southern California's bustling streets have seen their fair share of pedestrian accidents. But now, a new law is changing the game and giving pedestrians the right to use the road in ways that weren't previously allowed. Elia Castranova, an attorney representing injured pedestrians, brings us up to speed on the "Freedom to Walk Act" and how it's transforming the landscape of pedestrian safety.

The Freedom to Walk Act: A Legal Milestone

The "Freedom to Walk Act" is a groundbreaking piece of legislation in Southern California. It grants pedestrians the right to cross the street, even if they're not at a marked crosswalk or an intersection with a crosswalk. Elia Castranova explains that this law aims to eliminate the practice of ticketing pedestrians for jaywalking, even in situations where their actions do not pose a significant danger to themselves or others.

This law is a welcome change for both pedestrians and the police force. Law enforcement officers have often been required to issue tickets to jaywalkers, even in cases where the circumstances did not warrant such action. This practice disproportionately affected lower-income communities where marked crosswalks are scarce, and the few that exist lack the sophisticated features designed to alert drivers.

The Responsibilities of Pedestrians and Drivers

The "Freedom to Walk Act" does not grant pedestrians free rein to cross streets recklessly. While pedestrians can now cross streets outside of designated areas, they must do so in a manner that does not create an unreasonable risk of a collision. This legislation places responsibility on both pedestrians and drivers to exercise caution and awareness on the road.

Empowering Pedestrians: Case Studies

Elia Castranova shares a couple of real-life case studies that underscore the importance of the "Freedom to Walk Act." In these cases, pedestrians were injured outside of marked crosswalks, and their claims were initially denied by insurance companies.

Case Study 1: Dusk Collision

In one case, two clients were severely injured when crossing a wide street at dusk. Initially, the insurance company argued that they should have walked to the nearest intersection to wait for a green light before crossing. However, Mr. Castranova visited the accident site, measured the light, and took photographs to prove that the driver should have seen the pedestrians if they had been attentive. With this evidence, both clients received substantial settlements.

Case Study 2: Elderly Pedestrian Hit

Another case involved an elderly pedestrian using an unmarked crosswalk in the middle of the street. In this situation, the nearest traffic signals were a considerable distance away. The insurance company argued that the pedestrian was jaywalking and should have walked to the traffic signals. Once again, Mr. Castranova's site visit and photographic evidence revealed that the driver should have seen the pedestrian from a quarter of a mile away. With this compelling evidence, the insurance company was compelled to offer a substantial settlement.

The Importance of Legal Expertise

Many attorneys shy away from cases where the pedestrian was injured outside of marked crosswalks, especially when police reports are against the pedestrian, and the insurance company denies the claim. This is because pursuing such cases requires significant effort and financial investment in accident reconstruction. Mr. Castranova emphasizes the importance of firsthand site visits and accurate photographic evidence, even if it means investing time and money in these cases. His dedication to his clients' cases and the truth has led to successful outcomes and rightful compensation.

Protecting Pedestrians' Rights

The "Freedom to Walk Act" is a pivotal piece of legislation that is shifting the balance of responsibility between drivers and pedestrians in Southern California. It empowers pedestrians to use the streets safely and responsibly. Mr. Castranova's commitment to representing injured pedestrians ensures that the rights granted by this act are protected and upheld, making the roads safer for everyone.