California’s Laws on Pedestrian Accidents: Holding Negligent Drivers Accountable

Pedestrian accidents can result in severe injuries and even fatalities, making them a matter of great concern in California. While pedestrians have the right of way in many situations, accidents still occur due to negligent drivers. To address this issue and hold responsible parties accountable, California has specific laws governing pedestrian accidents. In this blog post, we will explore California’s laws on pedestrian accidents and how they help ensure accountability when drivers fail to prioritize pedestrian safety.

Pedestrian Right of Way: In California, pedestrians generally have the right of way in crosswalks and at intersections, whether they are marked or unmarked. Drivers must yield to pedestrians in these situations. Failing to do so can result in legal consequences.
Crosswalk Safety: California law mandates that pedestrians use crosswalks when available. However, this does not absolve drivers of their responsibility to exercise due care and yield to pedestrians even if they are crossing outside of a crosswalk.
Intersection Regulations: At intersections where traffic signals or stop signs are not present, drivers must yield the right of way to pedestrians already in the crosswalk or close enough to pose a hazard. This rule emphasizes the importance of drivers paying attention to pedestrians, especially at uncontrolled intersections.
No Passing Stopped Vehicles: Drivers are prohibited from passing vehicles that have stopped at a crosswalk to allow pedestrians to cross. This rule ensures that pedestrians can cross safely without the risk of being hit by passing vehicles.
Duty to Exercise Due Care: California law stipulates that drivers must exercise due care to avoid colliding with pedestrians. This includes reducing speed, honking when necessary to alert pedestrians, and being prepared to stop when pedestrians are in or near the roadway.
Pedestrian Signals and Traffic Control Devices: Pedestrians must obey traffic control devices and pedestrian signals, just like drivers. These devices are designed to facilitate safe crossings and must be followed to prevent accidents.
No Blocking Crosswalks: Drivers are prohibited from stopping their vehicles within a crosswalk or at an intersection, as this can obstruct the path of pedestrians and create dangerous situations.
Penalties for Violations: Drivers who violate these laws can face penalties such as fines, points on their driving record, and potential civil liability in the event of an accident resulting in injuries to pedestrians.
Crossing Against Traffic Signals: Pedestrians are also required to obey traffic signals at intersections. Jaywalking or crossing against a red light can result in fines.
Shared Responsibility: Both drivers and pedestrians share a responsibility for safety. While drivers must exercise caution, pedestrians should also take care to cross roads at designated crossings and follow traffic rules.

Accountability for Negligent Drivers

When a pedestrian accident occurs due to a driver’s negligence or failure to adhere to California’s pedestrian laws, legal action can be taken to hold the driver accountable. Victims of pedestrian accidents can seek compensation for medical expenses, lost wages, pain and suffering, and other damages through personal injury claims. Establishing driver negligence is a crucial element of such claims.

To hold negligent drivers accountable, it’s essential to:

Gather evidence, including witness statements, accident reports, and photographs.
Consult with a personal injury attorney experienced in pedestrian accident cases.
Seek appropriate medical treatment for injuries and document medical records.
Work with experts, if necessary, to reconstruct the accident and establish liability.

California’s laws on pedestrian accidents are designed to protect the safety and rights of pedestrians. Drivers who fail to uphold their legal responsibilities can face legal consequences and financial liability. If you or a loved one has been involved in a pedestrian accident due to a negligent driver, it’s crucial to consult with a skilled personal injury attorney who can help you navigate the legal process, seek compensation, and ensure that the responsible party is held accountable for their actions.

A personal injury lawyer can help you understand your legal options and negotiate a fair settlement on your behalf. Click here to schedule a free consultation with one of our skilled California lawyers to learn more about your options. Or call our offices at 707 549 8166.