California, the most populous state in the U.S., has many pedestrians. With its diverse communities, scenic landscapes, and vibrant urban centers like San Francisco and Los Angeles, the state is a popular destination for walking activities. However, as noted by the California Office of Traffic Safety, it also has a troubling reputation for pedestrian injuries and accidents.
In 2022, SafeTREC reported that 1,158 pedestrians lost their lives in motor vehicle crashes across California. Accidents involving pedestrians are a significant concern as they can result in severe injuries, economic and social costs, and more.
Let’s try to understand how legal responsibility is determined in California and when you should consult a pedestrian injury lawyer for your case:
Who’s at fault in a pedestrian accident?
In California, the fault for a pedestrian accident is based on negligence, which means failing to use reasonable care. Drivers are legally required to operate their vehicles safely and responsibly. If a driver doesn’t uphold that duty and someone gets hurt, they may be lawfully considered at fault.
Under California law, specifically Vehicle Code Section 21950, drivers must yield to pedestrians crossing the street within any marked crosswalk. They must also slow down or take necessary actions to ensure the pedestrian’s safety when approaching someone in a crosswalk.
Additionally, California Vehicle Code Section 22350 states that drivers must not travel at unsafe speeds for current road conditions. This means they must consider traffic, weather, visibility, and road conditions and adjust their speed to avoid putting others at risk.
While both drivers and pedestrians are expected to act with reasonable care, the law places a higher duty of caution on drivers. That’s because vehicles pose a greater risk of causing serious harm in a collision. California courts have recognized this in several cases, emphasizing that drivers must be especially cautious when pedestrians are involved.
Importantly, suppose a driver fails to respect a pedestrian right-of-way — for example, by not yielding in a crosswalk. In that case, the law may presume the driver was negligent. If you contact pedestrian accident lawyers in California, they can better explain the same scenario. If there’s no valid explanation for violating that rule, the driver can be considered negligent as a matter of law.
Comparative Negligence in California Pedestrian Accidents!
In California, pedestrians aren’t just protected by traffic laws. They also have responsibilities. Like drivers, pedestrians are expected to follow traffic rules and act with reasonable care to protect their safety and the safety of others. If pedestrians act carelessly and contribute to an accident, they can be held partly or wholly responsible for the outcome.
According to California Vehicle Code Section 21950, drivers must yield to pedestrians crossing within both marked and unmarked crosswalks at intersections. Drivers must also slow down or take other necessary actions to protect pedestrians when approaching a crosswalk.
However, the law clearly states that these rules do not excuse pedestrians from their own duty to act safely. For instance, California Vehicle Code Section 21954 states that pedestrians crossing outside of crosswalks must still be cautious, and drivers must still do their part to avoid hitting anyone on the roadway, even outside a crosswalk.
When both parties share fault?
Sometimes, both the driver and the pedestrian share responsibility for an accident. In these situations, California follows a system called comparative negligence. This means each party is assigned a percentage of fault based on their actions, and any financial recovery is adjusted accordingly.
For example, if a pedestrian is injured in an accident and their total damages amount to $250,000 but are found to be 30% at fault, their recovery would be reduced to $175,000. The $75,000 reduction reflects their share of responsibility.
Examples of Pedestrian Negligence:
- Ignoring traffic signals
- Acting unpredictably or recklessly near traffic
- Crossing the street outside of a crosswalk
Comparative negligence allows for a fairer outcome in cases where fault is shared. It ensures that compensation reflects each party’s role in causing the accident, not just who suffered the most damage.
Should you contact a personal injury lawyer -and if so, when?
Yes, you should consider contacting an experienced personal injury attorney after a pedestrian accident, especially if you’ve been injured. Timing matters; the sooner you speak with a lawyer, the better your chances of protecting your legal rights and securing fair compensation.
Here’s when you should seriously consider contacting a personal injury attorney:
- Immediately after receiving medical attention: Your health comes first. Once your condition is stable, get legal advice before speaking with insurance companies or accepting any settlement offers.
- If the fault is unclear or disputed: Pedestrian accidents often involve shared fault. An attorney can help gather evidence, interpret traffic laws, and build a strong case that supports your side.
- When dealing with serious injuries or long-term effects: If your injuries require ongoing treatment or have impacted your ability to work or live normally, a pedestrian injury lawyer can help you pursue the full compensation you may be entitled to.
- If the insurance company is pressuring you: Insurance adjusters may try to get you to settle quickly and for less than what your claim is worth. A lawyer can handle these communications and protect your interests.
A lawyer specializing in pedestrian accidents helps clarify your legal options and ensures that your case is handled correctly.
Even a short consultation can provide peace of mind and potentially change the outcome of your case. The Law Offices of Eslamboly Hakim is a leading law firm in California you can contact if you’ve been involved in pedestrian, car, or other types of accidents. Visit their website now to schedule a free consultation or to learn how they can help you!
