Maison Law represents pedestrians injured in auto accidents in California. California Vehicle Code 21952 covers pedestrian right-of-way law for sidewalks, stating the driver of any motor vehicle must yield the right-of-way to any pedestrian approaching thereon. So, for example, if a driver needs to turn right into a shopping center, they must yield to a pedestrian who is walking across the entrance on the sidewalk.
When Do Pedestrians Have the Right-of-Way?
Pedestrians have the right of way when crossing marked or unmarked crosswalks at an intersection. Since pedestrians are far more vulnerable on the road than other vehicles, drivers have a legal duty of care to ensure the safety of the pedestrians around them. California Vehicle Code 21950 states:
“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.”
However, even though pedestrians have right-of-way on the road, they are legally obligated to cross it safely. Pedestrians are not permitted to:
- Walk from the curb abruptly
- Step in front of an oncoming vehicle or run close to one
- Stop or delay traffic
Unfortunately, most accidents are caused by drivers and pedestrians being unaware of their rights on the road. Pedestrians are not immune to liability and their recklessness can have consequences. California Vehicle Code 21950 (b) states:
“This section does not relieve a pedestrian from the duty of using due care for their 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.”
What to do If You’ve Been Injured in a Pedestrian Accident
Your first step after a pedestrian accident should be to seek medical care. If you’re too injured to move on your own, call 911. Even if you think you’re going to be okay, it is recommended to be seen by a doctor to make sure you’re okay. Muscle, ligament, and brain injuries can take time to get worse, so you should be evaluated by a medical professional after any type of significant accident. If you’re able to remain at the scene of the accident you should get the following information:
- The name and contact information of the driver, as well as any other people involved
- The driver’s license plate number, insurance information, and the driver’s license number
- Witness information
- Police report
It may seem like a lot to document after an accident but don’t be afraid to use your phone to take photos of everything. Some victims may think they don’t have time to write everything down, but your smartphone can take photos of important documents, as well as capture video of the incident.
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. Our knowledgeable team has years of experience protecting pedestrian accident victim’s right to fair compensation for their damages. If you’re looking a way to regain your health and well-being after an accident, 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.
