In California, when a pedestrian is hit outside of a crosswalk, the person at fault for the accident will be liable for the damages. This is often – but not always – the pedestrian.
The driver can still be held liable in certain circumstances. In some cases both the driver and the pedestrian are at fault and, therefore, liability gets apportioned between them.
Fault in Jaywalking Accidents
Depending on the circumstances, either the driver or the pedestrian can be at fault for a pedestrian accident outside a crosswalk. Three important factors courts consider include:
- whether there was an unmarked crosswalk,
- whether the pedestrian yielded right-of-way, and
- whether the driver breached their duty of care to the pedestrian.
1. Whether There Was an Unmarked Crosswalk
In California, crosswalks do not have to be marked with white stripes on the street. Crosswalks can be either:
- the portion of the road that is painted with white lines (a marked crosswalk), or
- extensions of the sidewalk through an intersection where two roads meet at approximately right angles (an unmarked crosswalk).1
Just because pedestrians are not walking on white lines does not mean they are not in a crosswalk.
2. Whether the Pedestrian Yielded Right-of-Way
Pedestrians who are not in a crosswalk must yield right-of-way to all vehicles that are close enough to be an immediate hazard to the pedestrian.2
This means staying out of the way of oncoming vehicles. However, if the vehicle is far enough away to pose no risk of danger, the pedestrian can cross the road.
3. Whether the Driver Breached Their Duty of Care to the Pedestrian
Drivers always have a duty of care to keep pedestrians safe. This holds true even if the pedestrian is not in a crosswalk.3
For example, drivers breach their duty towards all pedestrians, including jaywalkers, by:
- speeding,
- driving while distracted,
- driving while under the influence of drugs or alcohol,
- driving inappropriately for the weather or road conditions,
- violating traffic laws,
- running a red light, stop sign, or violating other traffic signals, or
- reckless driving.
Who is considered a pedestrian?
Under California law, a pedestrian is anyone who is:
- on foot,
- riding a motorized assistive mobility device because they cannot walk, or
- riding a vehicle propelled by their own efforts, not including a bicycle.4
Therefore, pedestrians include:
- walkers,
- joggers,
- runners,
- people in wheelchairs, including motorized wheelchairs,
- skateboarders,
- people using rollerblades or roller skates,
- skiers, and
- people using non-motorized scooters.
They do not include bicyclists or anyone using a motorized vehicle, other than a motorized wheelchair.
Pedestrian Injuries
Vehicle accidents involving pedestrians tend to be severe because pedestrians have very little protection. Common injuries include:
- brain injuries
- spinal injuries
- fractures
- scarring
- disfigurement
- lacerations
- contusions
The medical bills alone can be huge. If the injury proves fatal, the victim’s family can file a wrongful death claim on the victim’s behalf.
Pedestrian Right-of-Way Laws
Drivers must yield right-of-way to pedestrians who are in a crosswalk. This includes reducing their motor vehicle’s speed to keep the pedestrian safe.5
However, pedestrians still have a legal obligation to use reasonable care to prevent crosswalk accidents. Pedestrians cannot:
- suddenly leave the curb and jump into the path of an oncoming vehicle so close that it creates an immediate hazard, or
- unnecessarily stop or delay traffic while in a crosswalk.6
What is comparative negligence?
Comparative negligence is California’s shared fault rule. This means you can still sue for damages even if you were partly at fault for an accident.
During a trial, the jury would assign each party a percentage of fault for the accident. Then if the jury awards you a judgment, it would be reduced by your percentage of fault.7
How can a lawyer help?
A pedestrian accident lawyer from our law firm can help you recover what you deserve. This entails:
- fully investigating your accident, and not just accepting the results of the police report,
- gathering evidence that shows that the other person was at fault for it,
- representing you during initial settlement negotiations with the other party’s insurance company, and
- filing a personal injury lawsuit if a fair settlement offer is not made.
While we have found that trials are rare in pedestrian accident cases, we are fully prepared to present your case to a jury if that is what it takes to get you what you deserve.
Additional Resources
For more information, refer to the following:
- California Department of Motor Vehicles (DMV) pedestrian safety tips – Advice for pedestrians and bicyclists for staying safe.
- California Office of Traffic Safety (OTS) pedestrian safety tips – Statistics and advice for pedestrians for staying safe.
- Go Safely California – Traffic safety tips by the OTS.
- Zero Traffic Fatalities Task Force – Pedestrian and vehicle accident statistics and safety initiatives.
- Centers for Disease Control pedestrian safety – Laws, statistics and safety guide for pedestrians.
Legal References:
- California Vehicle Code 275 VC.
- California Vehicle Code 21954(a) VC.
- California Vehicle Code 21954(b) VC.
- California Vehicle Code 467 VC.
- California Vehicle Code 21950 VC.
- California Vehicle Code 21950(b) VC.
- Li v. Yellow Cab Co., 13 Cal.3rd 804 (1975). California Civil Jury Instructions (CACI) No. 406.
