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Pedestrian Car Accidents

Frank • July 12, 2014
People and Pedestrian Lane — Roseville, CA — Frank Penney Injury Lawyers

Read the blog from Frank Penney Injury Lawyers in Roseville, CA below.


Pedestrians have the right to expect safe access and travel according to the California Vehicle Code section 21949(a). This notion has also been supported by established pedestrian car accident case law. In Celli v. Sports Car Club Inc. (1972) 29 Cal.App.3d 511, Plaintiffs were viewing the race in the pit area with their “pit passes” when a racer car lost control and injured Plaintiffs. The Court of Appeals in Celli sided with the Plaintiffs that the Plaintiffs were entitled to presume that the race operators examined the pit area of the pit’s safety to spectators before selling those pit passes.


In Tannyhill v. Pacific Motor Transport Co. (1960) 227 Cal.App.2d 512, 518, a man helping a stranded driver on the side of the road when he was killed by a driver that went off the roadway. The Court held in Tannyhill that the decedent had no reasonable basis to suspect that a vehicle would come off the traveled portion of the highway and run into him.

Do Pedestrians Legally Have to Look Both Ways?

Courts have also ruled that pedestrians do not have an obligation to “look both ways” if the pedestrian is occupying a “position of safety”. In Medlin v. Spazier (1913) 23 Cal.App. 242, 244, the Plaintiff was exiting a streetcar and stepped in the path of the defendant’s car and was hit. The Court found the Defendant at fault because Plaintiff was in a position of car accident safety and the Defendant violated a city ordinance that required motorists to keep a certain distance from streetcars.


Lastly, the pedestrian’s reliance on a motorist’s good conduct must be reasonable because the insurance company may argue that the pedestrian knew or should have known that the motorist would act unsafely.

Legal Obligations Surrounding Pedestrian Car Accidents

In order to show that the pedestrian was acting reasonably, we must confront the Defendant about his actions and obtain statements that will show that the Defendant was negligent and that the Plaintiff was being reasonable. An attorney will be able to take the necessary steps in order to be able to speak with the Defendant and ask the Defendant the right questions to get the right responses to make the Plaintiff’s case.


Frank Penney Injury Lawyers specializes in all aspects of automobile and pedestrian car accidents, we have an experienced law staff including five attorneys to deftly represent your case with aggressive professionalism. Contact us today for a free case evaluation

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Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.


At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.


This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!


- KRISTA H.


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Our Recent Blog Posts

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A devastating crash on the 15 Freeway in Temecula late Saturday night left four people dead and two others injured after a BMW M4, allegedly driven recklessly, lost control and caused a head-on collision. The California Highway Patrol reported the crash around 9:33 p.m. when the BMW, traveling north of Winchester Road, swerved left, struck a concrete median, and flew into the southbound lanes. The car veered into the far-right lane and collided head-on with a white Nissan Sentra. The BMW burst into flames moments after impact. Good Samaritans were able to pull the BMW’s driver, a 25-year-old man from Moreno Valley, from the burning vehicle. He suffered major injuries and was rushed to a hospital. Tragically, his passengers did not survive. A 23-year-old woman in the front seat and two Moreno Valley teenagers, a 14-year-old boy and a 15-year-old girl in the back, were pronounced dead at the scene. The Nissan’s driver, a 35-year-old man from Wildomar, was taken to a hospital but did not survive the trip. His passenger, a 22-year-old man, remains in critical condition. Authorities said that alcohol does not appear to have been a factor, but charges against the BMW driver are pending as investigators continue to examine the circumstances surrounding what they describe as reckless driving. As of Sunday afternoon, none of the victims had been publicly identified. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Law does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.
By Frank Penney August 27, 2025
A tragic crash on Interstate 80 in Davis claimed the life of 42-year-old Christopher Barr of Dixon early Tuesday morning. According to the California Highway Patrol, the accident happened just before 4:45 a.m. in a construction zone on the eastbound side of the freeway, just west of Mace Boulevard. CHP reported that a Volvo tractor with trailers was traveling in the middle lane when, for reasons still unknown, Barr’s Harley Davidson motorcycle failed to slow down and struck the back of the truck. The impact threw him from the motorcycle, and he was fatally struck by another vehicle that has not yet been identified. Authorities have said that alcohol and drugs do not appear to be factors in the crash. The collision remains under investigation by the California Highway Patrol as they work to determine what led to the fatal chain of events. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Law does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.
By Frank Penney August 27, 2025
A tragic accident in Elk Grove early Friday morning claimed the life of a 21-year-old motorcyclist. According to the Elk Grove Police Department, the crash occurred around 6:15 a.m. on Elk Grove Florin Road just north of Campbell Road. Investigators reported that the driver of a pickup truck towing a trailer was attempting a U-turn into the southbound lane when the motorcycle collided with the truck’s side. The impact threw the rider from the motorcycle, and despite the quick response of medical personnel, the young motorcyclist was pronounced dead at the scene. Authorities have not yet released the rider’s name, awaiting notification of next of kin by the Sacramento County Coroner’s Office. The roadway remained closed throughout the morning as police investigated the crash, reopening to traffic around noon. The Elk Grove Police Department continues to look into the circumstances surrounding the collision and is asking anyone with information to contact their traffic bureau at 916-478-8143. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Law does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.
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