Like motorists, pedestrians have rights and responsibilities when walking on or around the streets of San Diego. Most of their responsibilities are common sense approaches to safety, such as following traffic signals and not jaywalking across heavily trafficked thoroughfares. Their rights include being treated fairly and safely by drivers, who owe pedestrians a duty of care.
A driver who violates that duty of care and breaches a pedestrian’s rights may be liable to pay compensation to them. For a thorough explanation of these rights, please contact a California pedestrian accident lawyer at CaseyGerry. We can help you recover compensation for your damages, including lost wages and medical bills. Contact us today to schedule a free consultation.
What Are a Pedestrian’s Rights and Duties in California?
A primary source of a pedestrian’s rights and duties is found in California Vehicle Code Section 21590, which requires drivers to yield the right-of-way to pedestrians in a marked or unmarked crosswalk. Drivers must also yield to pedestrians when maneuvering their cars into driveways or through turns, reduce their driving speed in designated school zones, and refrain from using smartphones and other handheld electronic devices. If evidence shows that a driver violated these obligations and caused a collision with a pedestrian, they can recover compensation for their losses.
If you are seeking legal representation to recover damages after a pedestrian accident, ensure you retain a personal injury attorney who thoroughly understands the pedestrian laws in California and who can use them to your best advantage to recover the damages you deserve.
What Are the Most Common Pedestrian Car Accidents?
San Diego has experienced an increase in both the number of pedestrians on its streets and the number of accidents between cars and pedestrians, including:
- Collisions with pedestrians in crosswalks where a driver failed to yield the right-of-way.
- Drivers operating their vehicles under the influence of drugs or alcohol or driving recklessly in areas frequented by pedestrians.
- Failure by both drivers and pedestrians to follow traffic signals.
- Pedestrians who are struck by cars while crossing roadways outside of marked or unmarked crosswalks.
- Inattentive drivers who hit pedestrians while backing out of driveways.
- Drivers who fail to yield to stopped school buses.
A pedestrian who is partially at fault may still be able to recover damages from a negligent driver and their insurance company. However, the amount of the damages may be reduced proportionally to the pedestrian’s relative fault.
For example, suppose a pedestrian suffers $100,000 in damages after being struck by a car, but the evidence suggests the pedestrian was 25 percent at fault. In that case, the damages award will be reduced to $75,000.
How Are an Accident Victim’s Damages Determined after a Pedestrian Accident?
The negligent party who caused a pedestrian accident, and their insurance company, may end up having to reimburse the victim’s medical costs and expenses, wages that are lost while the pedestrian recovers from injuries, and pain and suffering caused by the accident.
Schedule a Free Consultation with a California Pedestrian Rights Lawyer
At CaseyGerry, we have more than 75 years of institutional knowledge of the rights of pedestrian car accident victims. Founded in 1947, we are San Diego’s most experienced personal injury and complex litigation law firm. Trust that we will leverage our substantial resources and experience to advocate for your right to recover fair and reasonable compensation.
Please call our San Diego offices for a no-fee consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
