Can a Pedestrian be at Fault?

One of the first things they will teach you in any driver’s ed class is that the pedestrian always has the right of way. However, California Vehicle Code §21950 asserts that although a driver must yield to a pedestrian on any marked or unmarked crosswalk, a pedestrian must also be responsible for his or her own safety.

California is a fault state when it comes to traffic law. This means that when two cars collide, the driver who causes the collision will be responsible for all costs related to the accident. If both parties are at fault, they will each pay for the percentage of the damage that is their fault according to the comparative negligence laws. Technically, the same laws apply when one of the parties is on foot, but there tends to be a bit more leniency for the pedestrian.

A driver is expected to yield for pedestrians in any case where it is possible, even if the pedestrian is jaywalking. However, If a pedestrian darts out into traffic at the last minute without giving the driver any chance to stop, then the pedestrian would be at fault.

Jaywalking

Jaywalking is defined as any violation of traffic laws by a pedestrian, including crossing in the middle of an intersection or against a light. California State law takes jaywalking seriously and until 2017, pedestrians could get a jaywalking ticket for crossing the street during a signal countdown. If you are a pedestrian, you want to make sure to exercise common sense and cross at the crosswalk on the appropriate signal. Only walk on streets where there is actually a sidewalk, and always keep an eye out for traffic.

If a driver hits a pedestrian when that pedestrian is jaywalking, the driver may share responsibility if they are intoxicated, speeding or distracted at the time.

Distracted Walking

From the documentary “From One Second to the Next,” to countless television news reports, Americans have heard a lot about accidents caused by texting while driving. However, texting while walking can be just as dangerous. The National Highway Traffic Safety Administration has reported that 5,376 pedestrians have died in walking and texting-related car accidents over a ten-year period.

Walking Where Prohibited

If a sidewalk is closed, it is definitely worth walking a few blocks to get to a sidewalk that is open. If you attempt to walk on the street or the shoulder of the highway, you are putting yourself at a very high risk for an accident as well as endangering drivers on the road.

If a driver is traveling at a high speed and stops suddenly to avoid hitting a pedestrian, they could cause a multi-car pileup that would be the pedestrians fault. According to the website of Orange County personal injury attorney Timothy J. Ryan & Associates, a driver can still severely disable a pedestrian in a crash by traveling only 10 miles per hour. A crash at a high speed could certainly be fatal.

Finding an Attorney

If you have been hit by a car, you are probably dealing with a lot of bills and a lot of pain. If you feel you were not at fault or only partially to blame for your accident, it is a good idea to hire an attorney who specializes in personal injury law and who understands the traffic laws in California.

*Authoritative Sources:

https://abc30.com/pedestrian-hit-by-car-in-north-fresno-why-police-say-hes-at-fault/4603150/

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/hdbk/right_of_way

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.