Berkeley, CA — According to KRON, a pedestrian was seriously injured Tuesday morning, September 24, 2024, after being struck by an AC Transit bus in Berkeley. The accident occurred around 10:54 AM at the intersection of Warring Street and Derby Street.
The pedestrian, whose identity has not yet been released, suffered a serious head injury in the collision. Emergency responders quickly arrived at the scene and transported the individual to a nearby hospital for treatment.
According to a statement from AC Transit, the bus had come to a full stop at a Stop sign before resuming motion when the pedestrian came into contact with the vehicle. None of the passengers on the bus were injured in the incident.
The cause of the accident is still under review, with police working to determine whether any factors, such as visibility or pedestrian behavior, contributed to the incident.
Duty of Care Toward Pedestrians
Drivers have a specific “Duty of Care” towards pedestrians, who are particularly vulnerable in traffic accidents. This responsibility includes being vigilant for pedestrians near the roadway and, if a collision occurs, staying with the victim to ensure they get proper medical treatment and cooperating with authorities investigating the crash.
For those injured in a pedestrian accident, filing a Personal Injury claim with the assistance of an experienced attorney can provide compensation for medical bills and other related damages.
If the at-fault driver avoids legal consequences, compensation might still be available through a family member’s uninsured driver coverage. Consulting with a personal injury attorney can help determine the best options in such cases.
Partial Liability in Pedestrian Accidents
California Law does not consider pedestrians to have the right-of-way under all circumstances, such as if they attempt to cross outside of a crosswalk. However, motorists are never relieved of the expectation to provide pedestrians with a Duty of Care toward their safety.
It may therefore be determined that a motorist is held only partially liable in a pedestrian accident. If that is the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
