Pedestrian accidents cause thousands of injuries every year in California, often resulting in complex legal battles.
Cohen & Marzban, a Los Angeles-based firm with a 45-plus year history, focuses on helping injured pedestrians recover the compensation they deserve. We offer free consultations, 24/7 availability, and a no-win, no-fee contingency structure.
Determining fault is a critical step after any accident, and our experienced pedestrian accident lawyers can provide the guidance and support you need to advance your case. Schedule a free consultation today.
Understanding California’s Pedestrian Laws
California's pedestrian laws can be confusing. While the law aims to protect those who go about on foot, it also places certain responsibilities on them. Understanding these responsibilities is crucial for both pedestrians and drivers to ensure safety and determine liability when accidents occur.
Right-of-Way Rules for Pedestrians
Pedestrians generally have the right-of-way in marked crosswalks and at intersections when crossing with a walk signal. However, this doesn’t confer absolute freedom — even if a pedestrian technically has the right-of-way, they still have a legal duty to exercise reasonable care.
In other words, pedestrians must act as any reasonably prudent person would under the circumstances to avoid an accident. Stepping into a crosswalk or directly into the path of an oncoming vehicle without looking can still be considered negligent, even with a walk signal.
Pedestrians have several notable responsibilities under California law, including:
Obeying Traffic Signals
Crossing when a "don't walk" signal is displayed can be a significant factor in determining fault if an accident occurs.
Using Crosswalks When Available
When a crosswalk is available, pedestrians are generally required to use it. Crossing mid-block or outside of a designated crosswalk is considered jaywalking.
Avoiding Sudden Movements into Traffic
Pedestrians should never dart out into traffic from between parked cars or other obstructions. They should always make their intentions clear and give drivers ample time to react.
Exercising Due Care
Using a smartphone, wearing headphones, or being under the influence of alcohol are all common examples of failing to exercise due care. Even if a pedestrian has the right-of-way, these actions can make them liable for any accidents that occur.
Is Jaywalking Legal in California?
California law prohibits jaywalking, which is defined as crossing a roadway outside of a marked crosswalk or against a traffic signal. However, a significant change to the law took effect in 2023. Assembly Bill 2147 (AB 2147), also known as the "Freedom to Walk Act", decriminalized jaywalking in most situations.
Law enforcement can now only issue citations for jaywalking if a reasonably careful person realizes there’s an immediate danger of a collision with a moving vehicle. This change was made to reduce unnecessary interactions with law enforcement and address racial disparities in jaywalking citations.
It's important to note that while AB 2147 limits when police can issue citations, it doesn’t make jaywalking legal or safe. Pedestrians must still exercise due care and yield the right-of-way to vehicles when crossing outside of marked crosswalks. Additionally, jaywalking can still be a factor in determining fault and liability in the event of an accident, even if a citation isn’t issued.
Top 5 Pedestrian Accident Scenarios: Who Is at Fault?
Assigning fault in a pedestrian accident requires careful consideration of the circumstances. Here are some common scenarios and how fault might be determined in them:
What to Do If You’re in a Pedestrian Accident
Being involved in a pedestrian accident can be devastating. Knowing the right steps to take afterward is crucial for protecting your health and your legal rights. Here’s what to do:
The capable lawyers at Cohen & Marzban can investigate your accident, gather compelling evidence, negotiate with the insurance companies on your behalf, and represent you in court if necessary. Call us today at (818) 986-3332 for a free consultation.
Potential Damages You Can Recover After a Pedestrian Accident
If you've been hurt in a pedestrian accident caused by someone else's carelessness, you may be entitled to recover various damages, including:
- Medical expenses: Past and future medical bills, including hospitalization, surgery, physical therapy, and necessary medications.
- Property damage: Repair or replacement of any damaged personal property, such as clothing or electronic devices.
- Lost wages: Income lost due to time off work for medical treatment and recovery.
- Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish.
Your attorney can calculate the total value of these and other losses to ensure that you receive fair and adequate compensation for the harm you’ve experienced.
No-Fault Insurance Considerations
Some states have "no-fault" insurance laws, meaning an accident victim’s own insurance company will cover their medical expenses regardless of who was at fault for the mishap.
California isn’t a no-fault state. However, it’s important to understand how your insurance coverage might apply in a pedestrian accident, especially regarding uninsured or underinsured motorist coverage.
An attorney can help you understand the complexities of insurance coverage in your specific situation.
The Role of Comparative Negligence in California
California follows a pure comparative negligence rule. This means that even if you’re partially at fault for an accident, you can still recover damages, though your compensation will be reduced in proportion to your percentage of fault. Understanding this principle is crucial for anyone involved in an accident that causes substantial losses, economic or otherwise.
How Comparative Negligence Affects Compensation
Unlike some states that use modified comparative negligence, which bars recovery if a plaintiff is more than 50% at fault, California's pure comparative negligence system allows for recovery even if the injured party is mostly at fault — the amount of compensation they receive is simply reduced to reflect their degree of fault.
For example, if a pedestrian is deemed 70% at fault for an accident and their damages total $100,000, they can still recover $30,000 (the remaining 30% not attributed to their negligence).
Here are a few examples illustrating how comparative negligence might apply in pedestrian accident cases:
Jaywalking Pedestrian Struck by Speeding Driver
If a pedestrian is hit by a speeding driver while crossing the street without a signal, the court might find the pedestrian to be 60% at fault and the driver 40% at fault.
Distracted Pedestrian Hit in a Crosswalk
A pedestrian who is looking at their phone and walks into a crosswalk without checking for traffic might be found 30% responsible if they’re struck by a vehicle, even if the driver was also distracted.
Pedestrian Wearing Dark Clothing at Night
A pedestrian wearing dark clothing at night who is struck by a speeding car might be found 15% at fault for not making themselves more visible despite the fact that the driver was going too fast.
Pedestrian Accident Case Example
A pedestrian is jaywalking across a busy street at night. They’re wearing dark clothing and aren’t paying attention to traffic. An approaching driver, who is speeding and looking at their phone, collides with the pedestrian, who sustains serious injuries.
In this scenario, both the pedestrian and the driver acted negligently. A court might find the pedestrian 75% at fault for jaywalking, wearing dark clothing, and being inattentive. The driver, meanwhile, might be found 25% at fault for speeding and distracted driving.
If the pedestrian’s damages are assessed at $150,000, they could still recover $37,500 under California's pure comparative negligence rule, despite being primarily responsible for the accident.
This example illustrates how multiple factors can contribute to an accident and how fault is apportioned accordingly.
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