What is the test for a driver's failure to yield right-of-way to a pedestrian?
California, United States of America
The following excerpt is from Vitushkina v. Luminalt Energy Corp., A140393 (Cal. App. 2014):
Vitushkina's reliance on Gray v. Brinkerhoff (1953) 41 Cal.2d 180, 184 is misplaced. There, the evidence was undisputed that the defendant did not yield the right-of-way to the plaintiff who was walking in the crosswalk, saw the truck, and tried to hurry to reach the island in the middle of the intersection before she was struck. (Id. at p. 183.) The court determined that the driver's failure to yield the right-of-way to the
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