Women Struck in Highway Lane of Traffic
In the early morning hours of Friday, May 7, 2021, a 38-year old woman was struck by a vehicle while she was walking within a freeway lane on Highway 70, pursuant to a report from the California Highway Patrol (CHP). The tragic incident occurred just north of the McGowan Parkway over-crossing. The motorist that struck the woman was traveling southbound on the highway and was not injured in the collision. The area in which the accident occurred was unlit. First responders declared the woman dead at the scene. According to initial reports from the investigators, it is not believed that alcohol or drugs were a factor in this incident that was apparently caused, at least in part, by a walk on the highway.
Is it Legal to Walk on the Highway or Freeway?
According to California law, specifically Vehicle Code 21960, the use of freeways and expressways is prohibited by pedestrians, bicycles, and other nonmotorized traffic. The only exception to these prohibitions is for occupants of a disabled vehicle that is stopped on such a roadway – they are allowed to walk on the shoulder to the closest freeway exit. They must walk on the same side of the highway that the disabled vehicle is parked.
While it is otherwise against the law for pedestrians to walk on or along freeways, it still happens. And when it does, devastating accidents can occur. Highways are particularly dangerous for pedestrians given the high speeds of traffic and motorists not being on the lookout for people walking.
Reasons Pedestrians Walk Illegally on the Highway
Being on foot on a highway or freeway is incredibly dangerous. As discussed above, except in very limited circumstances, it is also illegal. Here are some of the reasons other than a vehicle breakdown that may cause people to put aside their better judgment and walk on or near a highway:
- Unsecured Cargo. If a driver notices that cargo has fallen off of a loaded truck, he or she may feel compelled to pull over and attempt to retrieve it. This may be due to the desire to safeguard the item(s) or out of concern that fellow motorists may strike the object, causing an accident. Whatever the reason, attempting to retrieve fallen objects on a high-speed road can put your life at risk.
- Assisting a Friend. If a person is called to assist a friend or family member who has been stranded by a disabled vehicle, they may unwisely enter the roadway on foot. This can happen when the person coming to assist parks on the opposite shoulder as the stranded vehicle, then attempts to cross lanes of traffic to get to the other side. This, too, puts one’s life in danger. Even if it appears that there is enough time to cross, it is difficult to gauge the time for a vehicle traveling at highway speeds to reach you. Adding to the danger is the fact that, again, motorists are not expecting pedestrians on the highway.
- Working on a Disabled Vehicle. This activity often occurs on the shoulder but close enough to traffic to be a real hazard. A motorist may be attempting to change a flat tire or have the car’s hood up, attending to another mechanical issue. Freeway motorists have a tendency to veer into other lanes of traffic. Many tragic accidents have occurred when a driver has plowed into the back of a vehicle that is stopped on the shoulder.
The safest thing to do if your vehicle becomes disabled is to call a towing service for assistance and stay in your vehicle until professional help arrives.
Watch the YouTube video. Many people rely on AAA for towing services to give them peace of mind on the roads. The below clip discusses whether the service is worth the expense.
Marysville Personal Injury Lawyer
Hello and thank you for visiting our legal blog, where we discuss whether it is legal to walk on the highway. I’m Ed Smith, a personal injury lawyer in Marysville, California. Traffic accidents happen with alarming regularity on our roads and highways in Northern California. When an accident caused by driver negligence causes injury to another, our team of experienced injury lawyers is here to offer free and friendly legal advice. Don’t hesitate to call us at (530) 392-9400 or (800) 404-5400.
Photo: pixabay
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