California Right-of-Way: Pedestrian Safety & Legal Rights

California Right-of-Way: Pedestrian Safety & Legal Rights

Walking in California: Know Your Rights and Stay Safe

California, with its bustling cities and scenic routes, sees a high volume of pedestrian traffic. However, this also means a higher risk for pedestrian accidents. In fact, California’s pedestrian fatality rate is almost 25% higher than the national average. Understanding California right-of-way laws, prioritizing pedestrian safety, and knowing your legal rights is crucial for avoiding accidents and ensuring fair compensation if you’re injured.

Who Has the Right of Way?

California law generally grants pedestrians the right-of-way in many situations, but it’s not absolute. Here’s a breakdown:

  • Crosswalks: Drivers must yield to pedestrians in both marked and unmarked crosswalks. A crosswalk exists at every intersection, even if there are no painted lines. Drivers must slow down or stop, and wait until the pedestrian has safely cleared the lane before proceeding.
  • Sidewalks: Pedestrians have the right-of-way on sidewalks. Drivers can only drive on a sidewalk when entering or exiting a garage or alleyway and must yield to pedestrians.
  • Intersections: At intersections with traffic signals, pedestrians must obey “Walk” and “Don’t Walk” signs. If there are no signals, pedestrians should cross when the light is green and the roadway is clear.
  • Vehicles Crossing Sidewalks: Vehicles do not have the right-of-way when they cross over a sidewalk. A driver just has to stop and let walkers pass by, first.

The “Freedom to Walk Act” and Jaywalking

California’s “Freedom to Walk Act,” which went into effect in 2023, decriminalized jaywalking under certain conditions. Now, police officers can no longer ticket pedestrians for crossing the street outside of a crosswalk unless there is an “immediate danger of a collision”. This means that if you cross the street safely, without disrupting traffic, you should not be penalized. However, it’s important to remember that:

  • Pedestrians must still exercise caution and yield to vehicles when crossing outside of a crosswalk.
  • Crossing the street recklessly or in a way that creates an immediate hazard remains illegal.
  • Local ordinances may have additional restrictions on pedestrian crossings in busy urban areas.

Pedestrian Responsibilities

While California law protects pedestrians, they also have responsibilities:

  • Use Due Care: Pedestrians must use reasonable care for their safety and should not suddenly leave a curb or other safe place and walk or run into the path of a vehicle.
  • Obey Traffic Signals: Pedestrians must obey traffic signals and “Walk/Don’t Walk” signs where they exist.
  • Avoid Distractions: Just like drivers, pedestrians should avoid distractions like cell phones while walking.
  • Do not Unnecessarily Stop or Delay Traffic: Pedestrians should not unnecessarily stop or delay traffic while in a crosswalk.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents can help both drivers and pedestrians take steps to prevent them:

  • Distracted Driving: This is a leading cause of pedestrian accidents. Drivers who are texting, talking on the phone, or using GPS are less likely to notice pedestrians. In 2022, 148 people were killed in California in crashes involving a distracted driver.
  • Speeding: This reduces a driver’s reaction time and makes it harder to stop for pedestrians.
  • Failure to Yield: Drivers must yield to pedestrians at crosswalks and intersections.
  • Driving Under the Influence: Alcohol and drugs impair a driver’s judgment and reaction time.
  • Left-Hand Turns: Drivers making left-hand turns may focus on oncoming traffic and fail to see pedestrians crossing the street.
  • Poor Visibility: Accidents are more likely to occur at night or in poor weather conditions.
  • Reckless Driving: Aggressive driving behaviors, such as running red lights or ignoring stop signs, can lead to pedestrian accidents.

What to Do If You Are Involved in a Pedestrian Accident

If you are involved in a pedestrian accident, it’s important to take the following steps:

  1. Ensure Safety: Check for injuries and move to a safe place if you can.
  2. Report the Accident: Call 911 or local law enforcement to report the accident, even for minor injuries.
  3. Gather Information: Collect contact information from the involved driver and any witnesses.
  4. Document the Scene: Use your phone to photograph the accident scene, road conditions, your injuries, and vehicle damage.
  5. Seek Medical Attention: See a doctor as soon as possible, even if you don’t think you’re seriously injured.
  6. Contact a Personal Injury Attorney: An attorney can help you understand your legal rights and options.

Legal Rights and Compensation

If you’ve been injured as a pedestrian in California due to someone else’s negligence, you have the right to seek compensation for your losses, which may include:

  • Medical Expenses: This includes past and future medical bills, rehabilitation costs, and other related expenses.
  • Lost Wages: You can recover lost income if your injuries prevent you from working.
  • Pain and Suffering: You may be compensated for the physical pain and emotional distress you’ve experienced.
  • Other Damages: Other recoverable damages may include property damage, loss of enjoyment of life, and punitive damages in certain cases.

Comparative Negligence

California follows a “pure comparative negligence” rule. This means that you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, you can still recover 80% of your damages.

The Importance of Legal Representation

Pedestrian accident cases can be complex, involving insurance companies, liability disputes, and intricate legal issues. An experienced California personal injury attorney can help you:

  • Investigate the accident: Gather evidence, interview witnesses, and reconstruct the accident scene.
  • Determine liability: Identify all responsible parties, including drivers, property owners, and government entities.
  • Negotiate with insurance companies: Protect your rights and negotiate a fair settlement.
  • File a lawsuit: If necessary, file a lawsuit and represent you in court.
  • Maximize your compensation: Ensure you receive the full compensation you deserve for your losses.

Safety Tips for Pedestrians

  • Be Visible: Wear bright-colored clothes and carry a flashlight if you are walking at night.
  • Use Crosswalks: Cross streets at marked crosswalks or intersections whenever possible.
  • Obey Traffic Signals: Pay attention to traffic signals and “Walk/Don’t Walk” signs.
  • Look Both Ways: Before crossing the street, look left, right, and left again to make sure it’s safe.
  • Avoid Distractions: Stay off your phone and pay attention to your surroundings.
  • Be Aware of Turning Vehicles: Watch out for turning vehicles, as they may not see you.
  • Walk on Sidewalks: When available, always walk on sidewalks. If there are no sidewalks, walk on the left-hand edge of the road, facing oncoming traffic.

Conclusion

Pedestrian safety is a shared responsibility. By understanding California right-of-way laws, practicing safe walking habits, and holding negligent parties accountable, we can work together to make our streets safer for everyone. If you or a loved one has been injured in a pedestrian accident, don’t hesitate to seek legal assistance to protect your rights and pursue the compensation you deserve.