When an accident involves a motor vehicle and a pedestrian, it is rarely a minor accident. Unlike people inside vehicles, pedestrians have little physical protection during a collision. As a result, they are more likely to suffer serious injuries or even life-threatening harm.
This can make the recovery process challenging, both physically and emotionally.
Under California law, every driver has a legal obligation to exercise ordinary care to avoid injuring others. However, because a car can cause severe harm, a driver’s duty of care requires constant vigilance.
Motorists are legally expected to anticipate the presence of people on foot, especially in residential areas, near schools, or around busy urban intersections. A driver cannot simply claim they didn’t see a pedestrian if a reasonably careful driver would have seen the pedestrian and taken steps to avoid a collision.
California law includes several rules addressing pedestrian right-of-way and the duties of drivers and pedestrians in crosswalks, sidewalks, and other roadway situations:
Marked and Unmarked Crosswalks (CVC 21950): Drivers must yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk.
Sidewalks and Driveways (CVC 21952): The driver of any motor vehicle must yield the right-of-way to a pedestrian on a sidewalk before entering or driving across it, such as when pulling out of an alley, parking structure, or driveway.
CVC 21952 specifically addresses pedestrian right-of-way when a motor vehicle crosses a sidewalk. Under California Vehicle Code 21952, a driver must yield to a pedestrian approaching on the sidewalk before driving over or upon it. This rule can be particularly relevant when a vehicle is entering or leaving a driveway, parking area, alley, or other location where its path crosses a sidewalk. In a pedestrian accident claim, the circumstances surrounding the collision can help determine whether a driver failed to yield and whether that conduct contributed to the pedestrian’s injuries.
Pedestrian signals are also governed by California traffic laws. CVC 21456 addresses WALK, WAIT, DON’T WALK, and approved pedestrian-control symbols, including rules involving countdown signals. The circumstances at the intersection including the pedestrian signal, vehicle movement, visibility, and other evidence may therefore be relevant when investigating how a pedestrian collision occurred.
The Driver’s General Duty to Reduce Speed: Even if a pedestrian is crossing outside of a designated crosswalk (jaywalking), California law states that a driver is not absolved of their duty of care. Even if a pedestrian is crossing outside of a designated crosswalk, drivers still have a duty to use reasonable care and take reasonable steps to avoid a collision when possible.
Avalon Law Firm represents people injured in pedestrian accidents throughout California. A pedestrian accident lawyer can investigate how the collision occurred, review available police reports, photographs, witness statements, medical documentation, and other evidence, and determine which parties may be responsible. If a driver failed to yield at a sidewalk, driveway, crosswalk, or intersection, the circumstances and applicable California traffic laws may become important when evaluating a personal injury claim.
You should be focusing 100% of your energy on healing and physical rehabilitation, not arguing with insurance adjusters or drowning in a sea of medical paperwork.
At Avalon Law Firm, we take over the legal heavy lifting, investigate the driver’s tracking data, and fight to pursue the compensation you may be entitled to under California law.
Every case is unique, and the outcome of any personal injury claim depends on its specific facts, the available evidence, and applicable law.
If you or a loved one has been injured in a pedestrian accident, you don’t have to face the insurance companies alone. Call us today at 818-251-8787 for a completely free and confidential consultation.
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