Who’s Liable When a Pedestrian is Hit Outside the Crosswalk in California?
Pedestrian accidents are unfortunately common in Southern California, where many communities have extensive pedestrian-friendly infrastructure that increases foot traffic to nearby stores and restaurants. However, despite sidewalks, clearly-marked crosswalks, and other pedestrian-safe infrastructure, these accidents continue to be an issue throughout the region. That’s why it’s important to reach out to a pedestrian accident lawyer if you’re hit by a car.
At DeWitt Algorri & Algorri, LLP, we’re committed to helping California accident victims pursue the compensation they deserve after they’re injured by someone else’s negligence. Our Pasadena pedestrian accident attorneys, including Mark S. and Ernest P. Algorri, bring decades of experience to every case they take. Call us at 855-WINNING (946-6464) to schedule a consultation now.
California’s Right-of-Way Law
To understand how pedestrian accidents are handled in California, we have to look at what state law says about right-of-way and a pedestrian’s rights and obligations. This is all handled by California Vehicle Code 21954, which details pedestrian rights and duties.
When a pedestrian is crossing the road in a marked crosswalk or unmarked crosswalk at an intersection, they typically have the right-of-way and vehicles must yield to them. However, when a pedestrian enters the roadway anywhere outside a marked or unmarked crosswalk, they are expected to yield the right-of-way to vehicles.
However, this doesn’t mean that vehicles can just speed down the road if a pedestrian fails to yield to them. The law specifically states that drivers still have an obligation to take due care to avoid hitting a pedestrian, even if that pedestrian is crossing outside of a crosswalk and has failed to yield.
This guides how personal injury claims are handled when a car strikes a pedestrian. The police, as well as attorneys on both sides, will look at where the accident occurred and any evasive action taken by both parties to avoid the collision.
Comparative Negligence in California
California is what’s known as a pure comparative negligence state. This means that even if you are partially at fault for an accident, you can still recover compensation. Some states limit this to accidents where the plaintiff is less than 50% at fault. However, in California, you can recover compensation even if you are 99% at fault. Your compensation is simply reduced by the amount of liability attributed to you.
This can be helpful for injured pedestrians in these types of cases. It’s common for liability to be split between the two parties to some degree, and in a contributory negligence state, the victim may not be able to recover any compensation. But since California is a comparative negligence state, a pedestrian who is partially at fault for a crash can still be compensated.
Consider how this may work in practice. A pedestrian is hit while crossing the street outside a crosswalk. The victim consults a pedestrian accident law firm and the case goes to trial. A jury finds that the injured pedestrian was 40% at fault for the collision and the driver was 60% responsible. The pedestrian accumulated $50,000 in damages. Their award is reduced to 60% of the amount, or $30,000.
Factors That Influence Liability
A number of factors come into play when pedestrian accident lawyers are trying to determine liability. They include:
- Jaywalking: Pedestrians are required to yield to cars while crossing outside crosswalks, so jaywalking is obviously weighted heavily as a factor in any pedestrian collision.
- Distracted driving: Many pedestrian accidents are the result of distracted driving. Distracted driving has become a huge issue in the United States, and smartphones made the situation even worse. A driver who takes their eyes off the road for even a second may not see a pedestrian crossing. Even if that pedestrian is not in a crosswalk, the driver is legally obligated to take steps to prevent accidents.
- Limited visibility: Nighttime driving, fog, and rain can all make it difficult to see pedestrians and prevent accidents. Weather conditions will likely play a role in this type of case.
- Speeding: Speeding makes it harder for drivers to avoid obstacles—and that includes pedestrians. Speeding is often a contributing factor in pedestrian accidents.
Discuss Your Next Steps With Our Pedestrian Accident Law Firm
The team at DeWitt Algorri & Algorri, LLP is here to help you fight for full and fair compensation after an accident. If you’ve been injured by a reckless driver, it’s time to discuss your case with our pedestrian accident attorneys. Just contact us online or call us at 855-WINNING (946-6464).
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
