While state policies aim to keep walkways safe, traffic safety remains a growing crisis across highways and neighborhood streets. According to the California Office of Traffic Safety, collisions killed around 1106 pedestrians in 2023. This shows pedestrian accidents are rampant in California. When such accidents happen, who is at fault according to the law?
Well, the answer usually depends on who broke the law or acted with negligence.
When is a driver at fault?
Drivers in California have a duty of care toward pedestrians. They must stop the car and wait for the pedestrians to cross the road within any marked or unmarked crosswalk at an intersection. Furthermore, if the driver was speeding or driving under the influence, it could escalate the driver’s legal liability for any resulting injuries.
When is a pedestrian at fault?
Pedestrians also have a responsibility to act cautiously to protect themselves. For instance, they should not jump into oncoming traffic, startling the drivers. If a pedestrian bridge or tunnel is available, they must use it. Similarly, they may not walk on expressways that explicitly prohibit them. All these factors will be taken into account in a personal injury claim.
How will the court decide?
California is a pure comparative negligence state. The court reduces your compensation proportionally based on your share of fault. If the court determines that your share of fault is just 30%, you may recover only 70% of your damages.
Pedestrian accident cases are never simple. Courts must consider various state and local laws before determining if you were at fault. With the help of an attorney experienced in personal injury, you may be able to build a case that could protect your rights.