Los Angeles recently passed a law that effectively legalizes jaywalking within the city limits. Specifically, AB 2147-also known as the Freedom To Walk Act, decriminalizes jaywalking by:
- Legalizing crossings outside of a crosswalk or against a traffic light when safe, thus eliminating fines for safe crossings.
- Allowing police to stop someone attempting to cross the street “only when a reasonably careful person would realize there is an immediate danger of a collision.”
What this means for you is that if you needed to, you could legally walk your bicycle across the street in Los Angeles. However, doing so comes with an important distinction: when you hop off your bike to walk with it across a street (or for any reason) you go from a rider to a pedestrian. As such, there are regulations you have to follow in either situation.
More than that, both situations present opportunities for accidents. Whether riding on your bicycle or as a pedestrian, you have to account for the actions of other drivers. Sometimes, these actions are reckless or negligent. And when that happens, you could find yourself injured.
If you’ve been injured while walking your bicycle across the street in Los Angeles, you have rights under the law to recover damages relating to your accident.
Experienced Los Angeles Bicycle Accident Lawyers Can Help You
At Maison Law, our team of experienced and knowledgeable Los Angeles bicycle accident lawyers can apply the new law to your situation and give you a full range of legal options to pursue.
If you would like to learn more about our process or simply speak to one of our lawyers, contact us today for a free consultation.
What Are the Laws In Place For Pedestrians and Bicyclists in Los Angeles?
In California, numerous laws govern the actions of pedestrians, bicyclists, and motorists to ensure everyone can use the road together in a safe manner. While the California Vehicle Code covers the rules and regulations for drivers and others using the road throughout California, Los Angeles has its own set of laws that cover pedestrians and bicyclists.
Among these laws, bicyclists in Los Angeles:
- Must use the right side of the road or on the shoulder where “practicable.”
- Don’t have to ride on sidewalks and can take the lane of vehicle travel to ride safely, except in prohibited areas.
- Should use turn signals or hand signals to indicate a change in direction.
While these laws apply to you as long as you ride your bicycle, the city has other laws in place for pedestrians, which you effectively become once you step off your bike to any purpose-including to walk it across a street.
In Los Angeles, pedestrians usually always have the right of way. Prior to AB 2147’s passage, they could be issued a jaywalking ticket if they didn’t utilize a crosswalk to cross the street, but this is no longer in effect. Still, it’s always a good idea to utilize crosswalks just as an added safety measure.
But the right of way laws only apply to pedestrians if:
- When crossing the street on a marked crosswalk
- At any intersection, even if the crosswalk is unmarked
- When walking on the sidewalk where a car wants to cross (for example to get into a parking lot)
As such, if you try to cross the street at any point besides those above, you would not have the right of way.
As it relates to walking your bike across the street in Los Angeles, if you use a crosswalk, you have the right of way. If you don’t use a crosswalk or cross at an intersection, you do not have the right of way.
What Causes Street Crossing Accidents in Los Angeles?
The fact is, most accidents involving a pedestrian trying to cross the street have very similar patterns of causation. The vast majority of these accidents are caused by negligent actions on the part of the driver. These typically include:
- Distracted driving or texting while driving.
- Failing to yield to pedestrians at intersections.
- Turning at intersections without looking both ways.
- Driving too fast or recklessly, making it impossible to stop on time.
- Not following posted speed limits.
- Drunk driving or driving under the influence of drugs.
- Design defects in intersection locations, including failure to consider flows of traffic.
Additionally, Los Angeles itself has a significantly higher number of pedestrian accidents than more rural areas of California. This is due, obviously, to the increased population and more stores and restaurants being accessible by walking.
How Is Fault Determined in a Los Angeles Street Crossing Accident?
Determining fault in an accident where you were trying to cross the street can sometimes be difficult. While every case depends on the circumstances surrounding the accident, the driver will be at fault in most cases because they are required by law to yield to pedestrians using a crosswalk. Again, though, if you decide to try to cross the street at some other point other than a crosswalk, cars are not legally required to yield for you.
When you boil it down, these accidents rely on the same concept to determine liability: negligence. To establish negligence, you have to prove the following:
- The driver has a duty to avoid causing an accident or injury.
- The driver breached this duty of care by acting negligently.
- When the driver breached their duty, it caused the accident.
- The injuries (damages) were the direct result of the driver’s actions.
Every driver that gets behind the wheel of a car in Los Angeles has a legal duty to follow and obey all traffic laws. Consequently, when they fail to do so and cause an accident, they are considered liable for any damages.
Typical Injuries in a Intersection Accident
When a pedestrian is trying to cross the street, no matter the circumstances, they have very little protection against a moving car, with its much heavier build and metal frame. Usually, this results in common injuries, including:
- Broken bones and fractures
- Traumatic brain injuries (TBIs)
- Spinal injuries
- Road burn and other skin injuries
- Bruises, scrapes, and sprains
- Burn injuries from contact with fuel or other hot components of a car
Not surprisingly, these injuries can often be very serious and require ongoing medical care, surgeries, and long stretches of physical therapy. Unfortunately, these costs can quickly add up, leaving you with medical bills and debt. That’s why it’s so important to make sure that you keep up with any treatment plan a doctor places you on and consult with our Los Angeles bicycle accident lawyers to make sure you receive the support you need to focus on your recovery.
Knowledgeable Los Angeles Street Crossing Lawyers Can Help You
When you are trying to cross the street with your bike in Los Angeles, you would hope that drivers would do what they’re supposed to do and pay attention as you make your way from one side of the street to the other. Unfortunately, not every driver is willing to take on that responsibility, which can cause accidents and injuries.
Los Angeles and California law both provide some guidelines for you in these situations, but it can still be a bit confusing. That’s where the expertise of our team of Los Angeles bicycle and pedestrian accident lawyers can help. We can explain your particular situation and help you understand what rights you have.
We are proud to provide free consultations, support, and top-notch legal services to victims in Los Angeles and throughout central California. To get started, contact us today.
