California is a bustling state where walking is not just a means of getting from one place to another, it’s a way of life. With busy streets, bustling cities, and constant foot traffic, pedestrian safety is a major concern. Unfortunately, pedestrian accidents are all too common, and when they occur, they often result in serious injuries or even fatalities.
If you or a loved one has been injured in a pedestrian accident, understanding your legal rights and the laws that govern pedestrian safety in California is crucial. In this article, we’ll cover the key aspects of pedestrian accident law in California, from your rights as a pedestrian to how the law determines fault and liability. If you need help navigating the legal complexities of a pedestrian accident claim, The Lewis Farmer Law Group is here to help.
Pedestrian Right-of-Way in California
California law places a strong emphasis on the safety of pedestrians, and drivers are required to yield the right-of-way to pedestrians in specific situations. Here are the most important rules regarding pedestrian right-of-way:
Crosswalks:
California Vehicle Code Section 21950 states that drivers must yield to pedestrians crossing within marked or unmarked crosswalks at intersections. This applies whether the pedestrian is already in the crosswalk or about to step into it.
Even if there are no crosswalks, pedestrians have the right-of-way when crossing at intersections, as long as they are not creating a hazard for other road users.
Traffic Signals:
When a pedestrian is crossing at an intersection with a traffic signal, they must obey the pedestrian signals. If the signal says “Walk,” the pedestrian can cross safely. However, if the signal says “Don’t Walk,” the pedestrian must wait before crossing.
Pedestrians who enter a crosswalk while the light is still green for vehicles are generally given the right to finish crossing, even if the light changes while they’re still in the crosswalk.
Vehicle Responsibility:
Drivers must always be alert and take extra precautions when driving near pedestrians, particularly in high-traffic areas, school zones, or neighborhoods where pedestrians are commonly present.
Distracted driving is one of the leading causes of pedestrian accidents, so it’s especially important for drivers to focus on the road and avoid distractions like texting, talking on the phone, or using in-car electronics.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for a variety of reasons. Some of the most common causes of these types of accidents in California include:
Driver Negligence:
Speeding, running red lights, failure to yield the right-of-way, and distracted driving are the most common forms of driver negligence in pedestrian accidents. When drivers fail to follow traffic laws or pay attention to their surroundings, pedestrians are at risk.
Impaired Driving:
Drivers under the influence of alcohol or drugs pose a significant risk to pedestrians. California has strict laws against drunk driving, but impaired drivers continue to cause accidents, putting pedestrians in danger.
Poor Road Design and Infrastructure:
Inadequate crosswalks, poor signage, and poorly lit streets can make it difficult for both pedestrians and drivers to navigate safely. Additionally, construction zones and roadwork can obstruct pedestrian paths, leading to accidents.
Pedestrian Error:
Pedestrians can also contribute to accidents if they jaywalk, cross outside of crosswalks, or fail to pay attention to traffic signals. However, even if the pedestrian is partially at fault, California's comparative negligence law allows them to recover compensation for their injuries.
How Fault is Determined in Pedestrian Accidents
In California, fault in pedestrian accidents is determined based on the principle of negligence. This means that the person or entity who failed to take reasonable care to prevent the accident is typically held responsible.
If a driver is at fault, they could be liable for damages resulting from the accident, including medical bills, lost wages, and pain and suffering.
If the pedestrian is at fault, their compensation could be reduced based on their degree of responsibility for the accident. For example, if the pedestrian was jaywalking and a driver failed to stop in time, the pedestrian may be considered partially at fault.
California follows a comparative negligence rule, meaning that both parties can share liability in an accident. However, even if the pedestrian is partially responsible for the accident, they may still be able to recover damages.
Compensation for Pedestrian Accident Victims
Pedestrians who are injured in accidents are entitled to compensation for a variety of damages, including:
Medical Expenses:
This includes both current and future medical bills for treatment of injuries, rehabilitation, surgeries, and physical therapy.
Lost Wages:
If the injuries prevent the pedestrian from working, they may be entitled to compensation for lost wages or future earning potential.
Pain and Suffering:
Pedestrians who suffer physical pain and emotional distress as a result of the accident can seek compensation for their pain and suffering.
Property Damage:
If the pedestrian’s personal property (like a phone, clothing, or glasses) is damaged in the accident, they may be entitled to compensation for the value of those items.
Punitive Damages:
In cases of gross negligence, such as when a driver is under the influence of drugs or alcohol, punitive damages may be awarded as a way to punish the wrongdoer and deter similar behavior in the future.
What to Do After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, it’s essential to take the following steps:
Seek Medical Attention:
Even if you feel fine, it’s important to get checked by a doctor. Some injuries may not show immediate symptoms, but can become serious over time.
Report the Accident:
Call 911 and file a police report. The report will serve as an official document to support your case.
Gather Evidence:
If possible, take photos of the accident scene, your injuries, and any damage to property. Get contact information from witnesses and the driver involved in the accident.
Consult with an Attorney:
Pedestrian accident cases can be complex, especially when it comes to determining fault and liability. A skilled attorney can help you navigate the legal process and ensure you get the compensation you deserve.
Call The Lewis Farmer Law Group for Help
Pedestrian accidents can have life-changing consequences, and dealing with the aftermath can be overwhelming. If you or a loved one has been injured in a pedestrian accident in California, The Lewis Farmer Law Group is here to help. Our experienced personal injury attorneys are dedicated to fighting for your rights and ensuring that you receive the compensation you deserve for your injuries.
Don’t wait contact us today to get the legal representation you need to move forward with your life.
Call 818-864-6093, visit our website at www.thelewisfarmerlawgroup.com , or complete the form at https://bit.ly/TheLewisFarmerLawGroup_InquiryForm to schedule your free consultation.