California drivers owe pedestrians a “duty of care” no matter where they encounter them. Pedestrians may not have the right of way when they get hit, but drivers may still be held accountable for injuries simply for not slowing down to show caution around a pedestrian.
Pedestrians Jaywalking in California
Pedestrians may find the closest crosswalk is a half-mile or more from them. They may be tempted to forge their own crosswalk to avoid a long hike. They may attempt to cross the middle of the street where there is no intersection or crosswalk. They may also cross the middle of an intersection outside of the crosswalk lines. They can also try to cross a highway or intersection where pedestrians aren’t allowed.
These would all be traffic violations and could leave them responsible for their own injuries and accountable for any damages they cause a motorist.
According to California Vehicle Code # 21954 even when pedestrians are forced to cross outside of a crosswalk or intersection, they are required to give the right of way to any approaching vehicles. However, this does not mean the driver is no longer held to the “duty of care” they owe all pedestrians no matter the circumstances. Both driver and pedestrian can be found at fault in some cases.
Sharing the Blame in a California Pedestrian Accident
Pedestrians sometimes bend traffic laws when they try to reach their destinations, but that doesn’t mean they give up their right to compensation if a driver hits them. California follows the legal concept of comparative negligence. It means that blame in a pedestrian accident can be shared by both the person on foot and the driver.
The pedestrian may have tried to cross the street where there wasn’t a crosswalk or ignored the traffic directions on a walk/don’t walk sign. But the driver may have also proceeded at full speed down the road, even after spotting the pedestrian attempting to cross the street.
Pedestrians can still earn compensation to help in recovery in this situation, but their award would likely be reduced. For example, a judge or jury could assign the pedestrian 40% of the liability in the incident. The driver would be assigned the other 60%. Any award the pedestrian was given would have to be reduced by the 40% of blame the pedestrian accepted.
Pedestrians could be also be found at fault in a collision and be responsible for the damage caused to someone’s vehicle. In the rare cases that a motorist is injured due to the actions of a pedestrian, the person on foot may also owe the victim for medical bills. This is true, even if the pedestrian is also recovering from the injuries caused by their own actions.
Contact a California Pedestrian Accident Lawyer
Of course, an insurance adjuster for a careless driver may try to get you to accept some of the blame, even when you were zero percent responsible for what happened. Your personal injury lawyer wouldn’t let you get robbed in this way.
Martin Gasparian, the founder of Maison Law, works hard to see that pedestrians are never blamed unfairly for an accident. Contact Maison Law for a free, no-obligation case consultation to find out how to fight insurance company “bad faith” practices. He makes sure you receive the money you need to get back on your feet again.
