Travelers using wheelchairs, crutches, and other medical equipment to get around are considered pedestrians in California and are protected by pedestrian safety laws. Those with disabilities such as vision impairment are also protected by additional vehicle codes.
Protecting Disabled Pedestrians in California
Pedestrians coping with a temporary mobility restriction or a permanent disability could be on crutches or could be utilizing a motorized or manual wheelchair. They may also be using a knee scooter/knee walker after surgery and not be used to traveling quickly over unfamiliar road surfaces.
The California DMV Driver Handbook advises extreme caution from all drivers when approaching a pedestrian at a crosswalk or anywhere on California roadways. The handbook reminds drivers that they should allow for extra time to cross the street for older pedestrians, disabled pedestrians, and pedestrians with young children.
Along with providing extra time for pedestrians, drivers can also show extra care to pedestrians by not making their journey longer. Always stop at least five feet from the crosswalk line.
Stopping with the nose of your vehicle out in the crosswalk can present a major challenge to someone with a disability. The journey could be twice as long as they attempt to go around your vehicle. The action may also leave them exposed to traffic for a longer period.
Never pass a car in an intersection. A vehicle may be stopped for a slow-moving pedestrian. A driver going around this car could have no way of seeing the person on foot or in a wheelchair in front of the vehicle and end up causing a devastating accident.
Vision impaired pedestrians receive additional protections under California Vehicle Code 21963. And there are other things drivers should know when they spot a blind pedestrian. More information on those important guidelines can be found on our informational page here.
Duty of Care for Disabled Pedestrians
California traffic codes require that motorists pay pedestrians a special “duty of care” no matter where they encounter someone on foot or in a wheelchair. This special legal protection is due to the unprotected nature of pedestrians, especially disabled pedestrians, when traveling near traffic.
This means that drivers can bear liability in an accident, even if a disabled person was not crossing the street in a crosswalk or was traveling somewhere they weren’t supposed to. If the driver is found to have been showing too little care to spot a pedestrian and avoid a collision, they can be held partially responsible for the costs of the pedestrian’s recovery.
Contact a Pedestrian Accident Lawyer Serving California Victims
If you or a loved one has been the victim of a careless driver please contact a California Pedestrian Accident Attorney. You should make absolutely sure you know your rights and all the benefits available to you and your family.
Martin Gasparian, the founder of Maison Law, fights to earn every bit of compensation available for victims so they have what they need to get back on their feet physically, emotionally, and financially. Contact Maison Law for a free and confidential case consultation.
