The California Vehicle Code (CVC) confers certain rights on pedestrians while imposing certain duties on motorists. One of the fundamental duties is for drivers to yield to a pedestrian who is in a crosswalk. CVC 467 defines a pedestrian as a person who is afoot or is using any of the following:
- A means of conveyance propelled by human power, but not a bicycle.
- An electric personal assistance mobility device.
- A person who is operating a self-propelled wheelchair, motorized tricycle or motorized quadricycle, and by reason of physical disability, is otherwise unable to move about as a pedestrian.
What’s a Crosswalk?
Marked and unmarked crosswalks exist. As per CVC 275, a marked crosswalk consists of painted lines connecting the boundary lines of sidewalks at intersections where roadways meet at approximately right angles. A marked crosswalk will also include any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the roadway surface. An unmarked crosswalk is probably more common in California than a marked crosswalk. An unmarked crosswalk consists of an extension of a sidewalk, trail or other pedestrian pathway. The general rule pursuant to CVC 21950 is that the driver of a vehicle must yield the right-of-way to a pedestrian crossing the roadway in any marked or unmarked crosswalk at an intersection. If there’s a crosswalk at an intersection, pedestrians are required to use it pursuant to CVC 21955. Crossing a roadway at a location where there is no crosswalk might be cause for a jaywalking ticket.
Can a Pedestrian Cross a Roadway Where There is No Crosswalk?
Yes, a pedestrian can still cross a roadway at a location where there is no crosswalk in accordance with CVC 21954, but when doing so, he or she gives up the right-of-way. That pedestrian is required to yield the right-of-way to all vehicles on the roadway that are so close as to constitute an immediate hazard. Regardless of that, the driver of a vehicle still has a duty to exercise due care and caution for the safety of any pedestrian who might be on a roadway. That includes blind people. CVC 21963 states that pedestrians who are using a predominately white cane, with or without a red tip, have the right-of-way at any crosswalk. Punishment for any driver who fails to yield the right-of-way to such a person can be up to six months in jail and a fine not to exceed $1,000.
The Driver’s Duty When Crossing a Sidewalk
Should a driver be turning into a driveway or an alley, he or she must yield to any pedestrians who are on a sidewalk and approaching the driveway or alley pursuant to CVC 21952. Pedestrians still have the right-of-way, especially when they’re on a sidewalk for pedestrian traffic.
Crossing at Signalized Locations
If a pedestrian indication button is present at a crossing, press it. You can only walk when the pedestrian light says “WALK” or a walking pedestrian symbol appears. In either case, it’s still critical that you check the road and make sure that all drivers are yielding to pedestrians. As per CVC 21456, if vehicles are in the crosswalk, pedestrians have a duty to let them pass. A flashing symbol that says “DON’T WALK” or an upraised hand signal means you shouldn’t try to cross. It’s too late. You’ll need to wait for the next cycle of pedestrian hand signals that permit you to cross. Some signals even have timers that let you know how much longer you have for crossing.
What Does This All Mean in the Event of a Crash Involving a Pedestrian?
Accidents involving motor vehicles and pedestrians consist of a significant percentage of the total motor vehicle accidents in California. Injuries suffered by pedestrians in these accidents can range from severe, to catastrophic to fatal. Here are some of the damages that a pedestrian might suffer when hit by a car in a crosswalk:
- Past and future medical bills.
- Past and future lost time from work or reduced earning capacity.
- Any permanent disfigurement.
- Any permanent disability.
- Pain and suffering.
- Diminished enjoyment of life
- Other valuable damages in the event of a wrongful death.
The Law of Negligence in California
In order to show negligence in the State of California, a claimant must prove certain elements of the cause of action. Failure to prove any one of those elements will cause a negligence case to fail. Here are the elements of negligence:
- The defendant owed the claimant a duty of care.
- There was a breach of that duty.
- The defendant’s breach of duty caused an accident.
- The accident was the proximate cause of the claimant’s injuries.
- The claimant suffered legally recognized damages from the accident.
Negligence Per Se
This might operate as a convenient alternative to proving negligence. When a person violates a statute or ordinance that was enacted for the health and safety of the general public and injures another person as a result of that violation, the violator can be found guilty of negligence per se. It can be inferred that the violator’s actions were unreasonable. Showing a violation of a pedestrian safety law by a driver coupled with a guilty plea to that offense in traffic court can quickly close the liability aspect of a case.
Comparative Negligence
Sometimes, a pedestrian contributes to the fault of his or her injury accident. For example, not looking both ways and getting hit by a car. The pedestrian has the right-of-way inside of that crosswalk, but he or she must also use due care and caution for his or her own personal safety. When there are allegations of comparative negligence, a jury would assign a percentage of fault to each of the parties, and decreases accordingly. For example, if a jury’s award was $100,000, but the pedestrian was determined to be 25% at fault for an accident, his or her award would decrease by $75,000.
Pure Comparative Negligence
California is a pure comparative state. Most states are modified comparative negligence states where if a claimant is found to be 50 or 51% at fault for an accident, he or she receives nothing. In a pure comparative state, a claimant can collect damages even if he or she is 50% at fault.
An opposing insurance company in a pedestrian accident case is likely looking a significant financial exposure. It’s going to assert every defense that it can think of, including comparative negligence. That’s an allegation though, and it might not be able to prove it. Don’t give the opposing insurance company any type of a statement, no matter what that insurer’s representative says.
California law doesn’t require you to give any type of a statement. They can use your words against you in the future. Instead, contact our California pedestrian accident lawyer for a free confidential consultation and case review. There’s no up-front money needed to retain us to represent you either. Once you do retain us, our objective will be to obtain the maximums settlement or award that you deserve.
