Maison Law represents pedestrians injured at crosswalks in California. Crosswalks in California are more dangerous than you might think. According to California Vehicle Code 21951, whether a vehicle is stopped at a marked or unmarked crosswalk, no other vehicle shall overtake another vehicle that has stopped to permit pedestrians to cross the roadway. This illegal maneuver is why so many pedestrians suffer severe injuries or even lose their lives at crosswalks when passing vehicles fail to yield to crossing pedestrians.
Who is Liable in a California Pedestrian Accident?
According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:
- All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
- A driver must stop before the line, not in the middle of the crosswalk.
- A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
- Drivers are not permitted to pass stopped vehicles while they’re allowing pedestrians to cross at a crosswalk.
Just as drivers can be liable for an accident involving a pedestrian, pedestrians can also be found at fault. CVC 21950 (b) states:
“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.”
If a pedestrian were injured at a crosswalk, they would need to prove 3 elements to admonish liability from themselves and reach a successful outcome in a personal injury lawsuit:
- The driver owed the pedestrian a duty of care.
- The driver breached the duty of care because they engaged in reckless behavior.
- The driver’s recklessness caused the pedestrian’s injury.
When Is a Pedestrian at Fault for a Crosswalk Accident?
It is not uncommon for a driver’s insurance company to attempt to place the blame on the pedestrian for the accident. This is why it is important to have a reputable personal injury attorney in your corner if you’re ever involved in a crosswalk accident. California is a comparative fault state, meaning liability can be split between all parties involved.
For example, let’s say a pedestrian is jogging on the sidewalk down PCH early one Saturday morning. The street isn’t too busy. The pedestrian begins to text while jogging. Instead of glancing up at the approaching crosswalk, the jogger crosses the street when they’re not supposed to. A driver is entering the intersection at the posted speed of 25 mph. The driver doesn’t see the pedestrian in time and attempts to stop, but they hit the jogger, causing them severe leg and hip injuries.
In this situation, both the driver and the jogger could be found liable if they took one another to court over damages. A court would most likely assign the pedestrian and the driver a percentage of fault. So, if the pedestrian received 50% liability and a $20,000 compensation. Their reward would be reduced to $10,000.
Contact a Pedestrian Accident Lawyer in California
If you or a loved one has been involved in a pedestrian accident in California, the accident attorneys at Maison Law are standing by to help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.
