Maison Law advocates for pedestrian accident victims in California. Pedestrian’s right-of-way outside of crosswalks is covered by California Vehicle Code 21954. This statute says all pedestrians on roadways at any point other than within marked crosswalks or unmarked crosswalks must yield the right-of-way to all vehicles.
What is Considered a Crosswalk in California?
According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute goes on to say:
“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street. Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”
Establishing Liability in a Pedestrian Accident
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For instance, if you’re crossing the street while looking down at your phone, or doing something else besides watching the road, you can be found partially liable if you’re struck by a vehicle. Maybe you weren’t looking at your phone, but the driver says you were. What do you do?
For these reasons, it is important to have an experienced personal injury lawyer to help you navigate these legal complexities. In this case, the stronger the evidence, the stronger your claim will be. And a strong claim usually leads to a fair settlement. Strong evidence in a pedestrian accident claim includes:
- The police report, as well as any additional documentation related to the accident
- Photos and videos of the scene. This could include
- Eyewitness statements
- Dash cams
- Traffic cams
- Security cams
- Eyewitness testimony
- A medical report of your injuries from a doctor
- Income statements, which show your lost wages
- Related medical bills
When is a Pedestrian Liable for an Accident?
A pedestrian can be found at fault for an accident when they fail to comply with state-specified crosswalks or pedestrian law, which is covered in California Vehicle Code 21954. This statute states:
“Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”
However, the law goes on to state that this statute does not relieve the driver of a vehicle from the duty to exercise due care for the safety of pedestrians on the roadway. Also, CVC 21954(c) states law enforcement is not permitted to stop pedestrians from crossing unmarked crosswalks unless there is “an immediate danger of collision.”
Pedestrians can be found at fault for causing a car accident in specific situations. The situations include:
- Crossing while violating a traffic law like crossing at a red light when a “Do Not Walk” signal is flashing
- Walking onto a bridge or interstate when pedestrian traffic is prohibited
- Playing in the street while under the influence of alcohol
Understanding Comparative Negligence in California
California uses a pure comparative negligence system when evaluating the liability for an accident. In the case of a pedestrian injured in a vehicle accident, liability can become complex. When an incident occurs outside a marked or unmarked crosswalk, there is a greater potential for shared liability between the driver and the pedestrian. The legal system will evaluate the incident and, under the comparative negligence system, determine the share of blame that should be assigned to each party involved. For example, the pedestrian was outside a crosswalk area. Also, the driver and the pedestrian were found to have their phones in their hands and to be distracted. The case might result in the driver’s share of liability being set at 75%, with the pedestrian assigned 25% of the blame for the incident.
Comparative Negligence and Your Injury Lawsuit in California
The use of a pure comparative negligence system will alter the compensation a victim of a pedestrian-versus-car accident, or any accident, can seek in a lawsuit. In the previously mentioned situation, where the pedestrian was assigned 25% liability for the incident, they will no longer be permitted to sue the driver for all of their damages.
Instead, the victim is permitted to seek compensation only for the percentage of their damages equal to the liability assigned to the other party. The result is that the pedestrian in this case could seek compensation for 75% of their damages, because they are responsible for the remaining 25% under the pure comparative negligence system. To discuss the possible value of your lawsuit and any share of the liability you were assigned, reach out to Maison Law for a free consultation and case evaluation with one of our skilled pedestrian accident lawyers.
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. We understand the enormous medical costs associated with vehicle accidents and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
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.
