Do Pedestrians Always Have the Right of Way in California?

cartwrightlaw - July 6, 2024 -

Walking is a great way to get around, especially in beautiful California. But sometimes, cars and pedestrians don’t mix well. You might have heard that pedestrians always have the right of way. But is that really true in California?

Below, our Cartwright Law firm aim to help you understand pedestrian rights and responsibilities in California. We can also assist you if you’ve been in an accident, assessing your rights and representing you to ensure you get the compensation you deserve.

California Pedestrian Right Of Way Traffic Laws

In California, Vehicle Code section 21950 VC advises when pedestrians have the right of way.

Here are some important rules:

If there’s a crosswalk (those white lines painted on the road for people to walk across), cars have to stop and let people cross. This is true even if there’s no stop sign or traffic light.
If there’s no crosswalk, pedestrians still have the right of way at intersections.
When the traffic light is green, cars can go. But if a pedestrian is already crossing, cars have to wait until the person finishes crossing.
Cars have to yield (that means wait) for pedestrians when they’re entering or leaving a driveway or alley that crosses a sidewalk.
If someone is walking with a white cane (that blind people use) or a guide dog, they always have the right of way.

But pedestrians have responsibilities too:

Pedestrians shouldn’t suddenly step off the sidewalk if a car is too close to stop safely.
If there’s a crosswalk nearby, pedestrians should use it instead of crossing in the middle of the street.
Pedestrians should follow traffic signals, like “Walk” and “Don’t Walk” signs.
If there’s a sidewalk, pedestrians should use it instead of walking in the street.
At night, it’s a good idea for pedestrians to wear bright or reflective clothing so cars can see them.

So, no, pedestrians don’t always have the right of way in California. But they do have the right of way in many situations, and drivers always need to be careful around people walking.

Comparative Negligence in California Pedestrian Accidents

Sometimes, both the driver and the pedestrian make mistakes that lead to an accident. When this happens, California follows something called “pure comparative negligence.”

So, how does it work?

The court looks at what both the driver and the pedestrian did wrong.
They decide how much each person’s mistakes contributed to the accident.
If the pedestrian was partly at fault, they can still get money for their injuries, but they’ll get less according to their percentage of fault.

For example, let’s say a pedestrian was crossing the street outside of a crosswalk (which they shouldn’t do), but the driver was speeding while distracted (which they also shouldn’t do). If the pedestrian suffers injuries, the court might decide:

The pedestrian was 30% responsible for the accident
The driver was 70% responsible

If the pedestrian’s medical bills and other costs add up to $10,000, they would only get $7,000 (70% of $10,000) instead of the full amount.

This rule is important because it means that even if you made a small mistake as a pedestrian, you can still get help paying for your injuries if a driver was mostly at fault.

Pedestrian Accident Injuries and Losses

When a car hits a pedestrian, injuries can be severe due to the lack of protection for the person walking.

Common injuries include:

Broken Bones: Legs, arms, hips, and ribs often get fractured.
Head Injuries: Can cause lasting brain damage.
Spinal Cord Injuries: Can result in paralysis.
Internal Injuries: Damage to organs can be life-threatening.
Cuts and Bruises: Painful and can leave scars.
Emotional Trauma: Can cause anxiety or depression.

Beyond physical injuries, pedestrian accidents can lead to:

Medical Bills: High costs for hospital stays, surgeries, and medications.
Lost Wages: Inability to work due to injuries.
Pain and Suffering: Ongoing discomfort and loss of enjoyment of life.
Future Medical Care: Long-term treatment needs.
Home Modifications: Necessary changes for lasting injuries.

It is crucial to know your rights if you’ve been hurt in a pedestrian accident.

Contact a Vacaville Pedestrian Accident Lawyer

If you’ve been injured in a pedestrian accident, consulting a lawyer can be highly beneficial. Our lawyers understand the complex rules and can explain them to you. This allows you to focus on recovery while we handle the legal aspects of the process. Contact our Bay Area car accident lawyers at The Cartwright Law Firm by calling (415) 851-6486 or visiting us online.