Pedestrians have a responsibility to follow traffic laws at intersections and along roadways just like motorists do. At times, drivers must yield the right of way to pedestrians and in some situations, pedestrians must yield the right of way to motorists.
California Pedestrian Right Of Way Traffic Laws
Drivers must always take care to spot pedestrians and slow down or stop for them if necessary. This extra care is required under California law due to the unprotected nature of those on foot.
This “duty of using due care” must be followed even when the pedestrian is breaking the law and traveling outside of a crosswalk. Pedestrians are also responsible for using due care for their own safety.
California Vehicle Code # 21950
(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
Comparative Negligence in California Pedestrian Accidents
When determining fault in an accident, pedestrians can be cited for breaking a traffic law and causing a collision. It’s also possible the pedestrian and the driver could share the blame in an accident and each be liable for a percentage of the damages and injuries resulting from the incident.
Each party could be assigned a percentage of the blame under California’s legal concept of comparative negligence. It’s important to note that pedestrians may still earn insurance compensation for injuries even when bearing some of the fault for their accidents. Victims could still be awarded financial support, but their percentage of liability would be deducted from the final sum.
Pedestrians can be found at fault or partially at fault in an accident for several reasons. They may be crossing the street in an area outside of a designated crosswalk when they are struck. They may not have obeyed the crosswalk signs. They could have been on a roadway where pedestrians are not allowed to be. Several other circumstances could leave a pedestrian bearing some of the responsibility.
Contact a California Pedestrian Accident Lawyer
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 rebuild their lives. Contact Maison Law for a free and confidential case consultation.
