Maison Law can help if you’ve been injured in a pedestrian accident in California. As a pedestrian, you don’t really have a lot of protection in the event of an accident. Because of that, there are laws that are designed just for you to get across the street safely. If that doesn’t happen and you get hurt, we’ll be there to help. Set up a free consultation today to learn more.
What Does CVC 21956 Say About Walking on the Road in California?
California Vehicle Code § 21956 covers where pedestrians can walk along certain parts of the road. Outside of business or neighborhoods, the law generally requires pedestrians to:
- Stay close to the left-hand edge of the road, facing oncoming traffic.
There are exceptions, though. Under the law, you can walk close to the right-hand edge if:
- A crosswalk or another safe way to cross isn’t available, or;
- Conditions (heavy traffic, construction, poor visibility, potholes, etc.) make the left-hand edge unsafe.
The idea is simple: to help pedestrians stay out of the path of traffic as much as possible. Walking along the left side generally lets you see approaching vehicles and react if something doesn’t look right.
But there’s more to this law than just which side of the road you’re walking on. CVC 21956 also makes clear that pedestrians:
- Still need to use “reasonable care” for their own safety, and drivers have a responsibility to look out for pedestrians on the roadway.
So, if you’re hit while walking along the road, the question isn’t just whether you were following CVC 21956. It goes a bit further.
Who’s At Fault When a Driver Hits a Pedestrian Walking on the Road?
This is where things can get a little complicated. Even if you were following the law and walking along the left-edge of the road, you still might find yourself in a situation where a driver hits you. And at that point, you might assume that they’re automatically at-fault. But that’s not necessarily how it works.
Instead, fault is based on negligence. Fault falls on the driver if they were:
- Speeding
- Driving while distracted
- Not paying attention to people walking along the edge of the road
- Impaired
And remember, what you were doing also matters. You could share some of the fault if you were:
- Walking on the wrong side of the road
- Walking too close to traffic
Ultimately, you need to look at the whole situation rather than assuming that one mistake settles the question of fault. Keep this in mind, too: just because you might have shared some fault in the accident doesn’t mean you can’t file an injury claim or get financial help.
How Can You Get Financial Help After a Pedestrian Accident?
Fault and negligence are the big legal issues with a pedestrian accident, but the big practical question for you is simple: how can you get financial help for your injuries and other losses that stem from the accident?
The answer lies in filing an injury claim. In California, you can file an injury claim when somebody else’s negligence leads to you being hurt. And with a pedestrian accident, these losses are usually pretty serious. But to actually get financial help, you’ll typically either file:
- An insurance claim outside of court
- A personal injury lawsuit in civil court
Most claims start with insurance and then progress to a lawsuit if an out-of-court settlement can’t be reached. But generally speaking, you can use either option to get financial help. And your financial help is going to be based on things like:
- Medical bills and future treatment
- Lost income and reduced ability to earn a living
- Repair/replacement costs for damaged belongings, like your phone or glasses
- Physical pain and emotional distress
- Changes to your everyday life because of your injuries
- Losses your family faces if the accident is fatal, which can be recovered in a wrongful death claim
Ultimately, it comes down to what happened and what you’re dealing with now. If a driver hit you while you were walking along the road, you shouldn’t have to figure everything out on your own, especially when you’re trying to heal. Our team can help with the claims process while you focus on getting better.
Get Legal Help From Maison Law After a Pedestrian Accident in California
Being hit by a car while walking along the road can leave you dealing with a lot more than physical injuries. You may have medical bills piling up, time away from work, and problems that don’t become clear until days or weeks later. And when there’s a question about whether you were walking where you were supposed to, the situation can get even more complicated.
Under CVC 21956, where you were walking may matter when figuring out who was responsible for the accident. But that doesn’t automatically mean you’re at fault or that the driver has no responsibility. The details of what happened still matter. That’s where having our California pedestrian accident lawyers at Maison Law on your side can help. We can:
- Explain your options and what to expect from the claims process.
- Gather medical records and other evidence that helps show what happened.
- Handle the back-and-forth with the insurance company.
- Look at your medical expenses, lost income, and other ways the accident has impacted your life.
If you’re in this situation, you already have enough on your plate. Our team can step in and handle the day-to-day of your claim so you can focus on what matters: getting back on your feet. Set up a free consultation today to get started.
