Who May Be at Fault in a Pedestrian Vs. Auto Accident?
There are two common assumptions about pedestrians who are struck and injured on roadways in California. The first is that, “The pedestrian always has the right-of-way,” and the second is that, “The person who has the right-of-way cannot be at fault for an accident.” Neither of these assumptions is always true.
There is an entire chapter in the California Vehicle Code (Chapter 5 of Division 11, “Rules of the Road”) that addresses the rights and duties of pedestrians with respect to motor vehicles, bicyclists, and roadways. And determining legal fault or “liability” for a traffic incident and any injury that may result is a complex situation involving multiple factors for injury lawyers and insurance companies to argue about, of which right-of-way is only one element.
Common Auto vs. Pedestrian Situations
Not everyone drives a car, truck, or motorcycle. Not everyone is a bicyclist. The most common experience of being on a roadway is as a pedestrian — nearly everyone is a pedestrian on at least an occasional basis. Knowing the rules of the road is key to being a good driver, but it’s also key to being a good pedestrian and keeping ourselves and others safe. After all, according to the National Highway Traffic Safety Administration, more than 6,200 pedestrians died in traffic incidents in 2019, and many tens of thousands were seriously injured.
The most commonly cited rule in California about pedestrians and motor vehicles is in Section 21950 of the Vehicle Code, which deals with pedestrians and drivers encountering each other at crosswalks. This includes both marked crosswalks — where there is an actual crosswalk painted on the roadway, and perhaps other signage noting its presence — as well as unmarked crosswalks. It’s important to remember that unmarked crosswalks are assumed to be present at most road intersections.
While Section 21950 does state that the vehicle must yield the right-of-way to a pedestrian in a marked or unmarked crosswalk and that the driver must use due care and reduce speed as needed for the pedestrian’s safety, it also goes on to state that the pedestrian has a duty to use due care to protect his or her own safety.
As an example, it notes that a pedestrian must not suddenly walk or run in front of a vehicle that is close enough to be a danger. Nor can a pedestrian stop in the middle of a crosswalk and block traffic.
Why Might a Pedestrian with the Right-of-Way be Found Liable for their Own Injury?
The example in the code section mentioned above is a good one that describes the reason why liability — legal fault for an incident — may not always be upon the person who didn’t have the right-of-way. While a driver is supposed to yield the right-of-way to a pedestrian in a crosswalk, if that pedestrian had suddenly run out in front of the vehicle — not observing the pedestrian’s duty to use due care — then the pedestrian is likely to be found at least partially liable and perhaps entirely liable if he or she is struck and injured by the motor vehicle.
Other Pedestrian Rules and Incidents
Other situations described in the pedestrian rights and duties chapter of the Vehicle Code include:
- Pedestrians crossing a roadway when not at a marked pedestrian crossing (Section 21953). The pedestrian must yield the right-of-way to any vehicle close enough to present a danger.
- Pedestrians on a roadway and not in a marked or unmarked crosswalk (Section 21954). The pedestrian must yield the right-of-way to nearby vehicles, but drivers must still observe their duty to be careful near pedestrians.
- Other vehicles coming up behind a vehicle stopped at a crosswalk (Section 21951). These vehicles must stop and not pass.
- Pedestrians crossing a road between intersections controlled by traffic signals — commonly known as “jaywalking” (Section 21955). This section isn’t commonly applicable to liability situations, but it can get a jaywalker in California a ticket that includes a fine of about $200.
- Pedestrians walking in a bike lane when there is an adjacent sidewalk (Section 21966).
See more pedestrian safety tips in this video:
Sacramento Personal Injury Lawyer
Thank you for reading this discussion of some of the rights and duties of pedestrians on California roadways. I am Ed Smith, and I’ve been a Sacramento personal injury lawyer for more than 38 years. As an advocate with many years of experience for people injured in traffic incidents and many other situations, I encourage you to reach out to my office if you or a family member has been injured as the result of the actions of a negligent person. To reach a skilled injury attorney for free and friendly advice, please call us at (916) 921-6400 or toll-free at (800) 404-5400. You can also reach us by using our online contact form.
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