Accidents involving vehicles and pedestrians are often complex, raising questions about legal responsibilities and fault. California law aims to balance the rights and duties of both drivers and pedestrians, emphasizing safety and accountability. In this article, we’ll explore fault determination, key legal considerations, and specific questions surrounding pedestrian-vehicle accidents.
By Brad Nakase, Attorney
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If you hit a pedestrian in California, the consequences depend on the circumstances of the accident. Drivers must stop immediately, render aid, and call emergency services if necessary. Failure to do so can result in criminal charges for a hit-and-run, even if the pedestrian was at fault. Liability will depend on who breached their duty of care, and California’s comparative negligence system allows fault to be shared between the driver and the pedestrian. For example, if the pedestrian was jaywalking but the driver was speeding, both parties could share liability.
Pedestrian-vehicle accidents are a common yet complex occurrence on California roads, often leading to serious injuries, emotional distress, and legal disputes. Determining who is at fault in these incidents can be challenging, as both drivers and pedestrians have specific rights and responsibilities under state law. California’s legal framework, including its comparative negligence system and recent legislation like the Freedom to Walk Act, aims to balance accountability and fairness while promoting road safety. This article explores the laws governing pedestrian-vehicle interactions, the factors influencing fault determination, and answers common questions to clarify the intricacies of such accidents in California.
No, pedestrians do not always have the right of way in California. While drivers must yield to pedestrians in crosswalks (both marked and unmarked), pedestrians also have a duty to exercise reasonable care. For instance, pedestrians must obey traffic signals and cannot step into the roadway suddenly in a manner that creates a hazard for drivers. Outside of crosswalks, pedestrians must yield to vehicles. In cases where a pedestrian is partially at fault, such as crossing against a light, liability may be divided between the parties involved.
California follows a pure comparative negligence system, meaning both drivers and pedestrians can share responsibility for an accident based on their actions. This system affects how damages are calculated. For example, if a pedestrian is 30% at fault for crossing illegally and the driver is 70% at fault for speeding, the pedestrian’s recoverable damages will be reduced by their 30% share of the fault.
If you accidentally hit a jaywalker, determining fault depends on whether you, as the driver, were acting reasonably and following traffic laws. Jaywalking, or crossing outside of a designated crosswalk or against a traffic signal, is illegal in California. However, drivers are still expected to exercise caution and avoid collisions when possible. If a driver was speeding, distracted, or otherwise negligent, they might share fault even if the pedestrian was jaywalking. On the other hand, if the pedestrian’s actions made the collision unavoidable, they may bear the majority of the responsibility.
Under California law, drivers must exercise reasonable care to avoid injuring pedestrians. Their specific obligations include:
Pedestrians also have legal duties aimed at ensuring their safety and minimizing risk for drivers:
Several sections of the California Vehicle Code govern pedestrian-vehicle interactions:
Failure to comply with these laws can result in criminal charges, civil liability, or both.
The Freedom to Walk Act, enacted as AB 2147, decriminalizes jaywalking in California under certain circumstances. Effective January 1, 2023, the act prohibits law enforcement officers from issuing citations for jaywalking unless the pedestrian creates an “immediate danger of a collision.” This law reflects a shift toward reducing enforcement of minor infractions and promoting pedestrian mobility while balancing safety concerns.
AB 2147, also known as the Freedom to Walk Act, aims to address inequities in jaywalking enforcement. Under this law, pedestrians cannot be ticketed for crossing outside of crosswalks unless their actions pose an imminent risk of a collision with a moving vehicle. The act seeks to encourage safe walking practices while reducing unnecessary penalties, especially in underserved communities.
Settlement amounts for pedestrian accidents vary widely, depending on the severity of the injuries, the degree of fault, and available insurance coverage. Minor injuries may result in payouts ranging from $15,000 to $50,000, while severe injuries, such as traumatic brain injuries or permanent disabilities, can lead to settlements in the hundreds of thousands or even millions of dollars.
Although jaywalking remains technically illegal, AB 2147 limits law enforcement’s ability to ticket pedestrians unless their actions create an imminent hazard. The law reflects California’s efforts to promote fairness and mobility while encouraging safer road-sharing practices.
When a pedestrian is hit by a vehicle in California, determining fault requires a careful analysis of both parties’ actions. Drivers must obey traffic laws, exercise caution, and yield to pedestrians in crosswalks. Conversely, pedestrians must follow signals, avoid distractions, and act responsibly when crossing streets. California’s comparative negligence system ensures that liability is fairly allocated based on the circumstances of each case. Whether dealing with questions of jaywalking, crosswalk safety, or recent legal changes like the Freedom to Walk Act, understanding the law is essential for navigating the complexities of pedestrian-vehicle accidents.
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