California cities are full of vitality. While the vitality makes California cities excellent places to work and live, it also creates gigantic risks for walkers. Heavy traffic from cars, numerous intersections, and ubiquitous distractions for drivers and walkers alike sum up to an amazing number of accidents. This article aims to give practical safety tips with the voice of an attorney. We aim to help Prevent Pedestrian Accidents by encouraging a consciousness of each other’s duties and obligations under California law.
Sadly, pedestrian crashes and deaths are all too common. But the vast majority of them can be prevented. Pedestrians and drivers alike must be mindful of the legal doctrine of “duty of care” if they are to do their share in making our city streets safe for all.
The Urban Challenge: Why Cities Are Risky for Pedestrians
Urban settings inherently create more danger for pedestrians than suburban or country settings that are quieter. The main risk factors are:
- High Vehicle Volume: Basically, the more cars, the greater the potential for conflict with pedestrians.
- Complex Intersections: City intersections tend to have several lanes, turning cars, and numerous traffic signals, which raise the likelihood of driver mistake or misjudgment by the pedestrian.
- Distractions Galore: Both pedestrians and drivers tend to be distracted – cell phones, music, chatter, confusing directions – which reduce situational awareness.
- Visibility Issues: Parked vehicles blocking visibility, urban canyons that cast shadows, darkness, and adverse weather conditions can reduce drivers’ ability to see pedestrians, and pedestrians’ ability to see oncoming traffic.
- Speeding: Drivers who speed or travel too fast for city conditions have less time to observe pedestrians.
- Failure to Yield: One of the most common causes of accidents is a failure by drivers to yield the right-of-way to pedestrians in a crosswalk.
Knowledge of these risks is where preventive action begins.
Key California Pedestrian Laws Everyone Should Know
To effectively prevent pedestrian accidents, pedestrians and drivers alike must be aware of and comply with California’s Vehicle Code. These laws establish rights and duties.
Pedestrians’ Rights & Responsibilities
While pedestrians often have the right-of-way, they also have duties:
- Crosswalks are Key: According to California Vehicle Code (CVC) § 21950 via Justia Law, drivers must yield the right-of-way to a pedestrian crossing within any marked crosswalk or within an unmarked crosswalk at an intersection.
- Due Care Still Required: Even with the right-of-way, CVC § 21950(b) states pedestrians must exercise due care for their own safety. They cannot suddenly leave a curb and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.
- “Freedom to Walk Act” (Jaywalking): California’s AB 2147 (effective 2023) amended CVC § 21954 and § 21955. It decriminalized “jaywalking” in many situations. Now, peace officers can only stop or cite a pedestrian for crossing mid-block or against a signal if a “reasonably careful person would realize there is an immediate danger of a collision.” However, pedestrians crossing outside of a crosswalk must still yield the right-of-way to vehicles if there’s an immediate hazard. The emphasis remains on crossing safely.
- Use Sidewalks: When sidewalks are available, pedestrians must use them. If no sidewalk exists outside of business or residential districts, pedestrians should walk on the left-hand edge of the roadway, facing oncoming traffic (CVC § 21956).
- Obey Signals: Pedestrians must obey traffic signals and “Walk/Don’t Walk” indicators.
Drivers’ Duty of Care Towards Pedestrians
Drivers carry a significant responsibility for pedestrian safety:
- Yield at Crosswalks: As stated in CVC § 21950, drivers must yield to pedestrians in crosswalks. This means slowing down or stopping if necessary.
- General Due Care: Even if a pedestrian is not in a crosswalk, CVC § 21954(b) clarifies that drivers still have a duty to exercise due care for the safety of any pedestrian on the roadway.
- No Blocking Crosswalks: Drivers must not stop their vehicles within a crosswalk, as this obstructs pedestrian passage and visibility (CVC § 21970).
- Vulnerable Pedestrians: Drivers should exercise extra caution around children, the elderly, or persons with disabilities, who may be less predictable or slower to react.
Understanding these basic rules helps define legal responsibility if an accident occurs.
Lawyers’ Safety Advice to Prevent Pedestrian Accidents
From a legal standpoint, practicing safety is about exercising your “duty of care” and helping others do the same. Here are tips that can help prevent pedestrian accidents and also strengthen your position if you are an injured victim or, as a driver, if you are wrongly accused.
Safety Tips for Pedestrians
- Be Seen, Be Safe: Especially at night or in poor weather, wear bright or reflective clothing. Carrying a flashlight can also make you more visible to drivers.
- Stay Alert – Ditch Distractions: Put away your phone, take off headphones, and pay attention to your surroundings when walking near traffic. Looking around is more important than looking down.
- Cross at Corners & Use Crosswalks: Whenever possible, cross streets at marked crosswalks or intersections. Obey all pedestrian signals like “Walk” and “Don’t Walk” signs.
- Make Eye Contact: Before stepping into a crosswalk, try to make eye contact with drivers to ensure they see you. Don’t just assume they will stop.
- Walk Facing Traffic (When No Sidewalk): If you must walk on the road shoulder due to a lack of sidewalks, always walk facing oncoming traffic. This helps you see approaching vehicles and gives drivers a better chance to see you.
- Never Assume Right-of-Way: Even if you legally have the right-of-way, don’t step out in front of a vehicle unless you are sure the driver sees you and is stopping. It’s better to wait a moment than risk your life.
- Avoid Alcohol/Drugs: Impairment significantly increases your risk as a pedestrian.
Safety Tips for Drivers
- Always Yield to Pedestrians in Crosswalks: This is the law. Be prepared to stop. Stop well before the crosswalk to give pedestrians space and ensure other lanes see them too.
- Scan Actively for Pedestrians: Constantly look for people on foot, especially when approaching intersections, making turns, or driving in areas with high foot traffic like downtowns, school zones, and residential neighborhoods.
- Eliminate Driving Distractions: Put your phone away. Avoid eating, adjusting complex controls, or anything else that takes your eyes and mind off the road. According to the California Office of Traffic Safety (OTS), driver inattention is a major cause of accidents.
- Manage Your Speed: Obey posted speed limits. Crucially, reduce your speed significantly in pedestrian-heavy areas, school zones, residential streets, and during bad weather or low visibility.
- Never Pass a Vehicle Stopped at a Crosswalk: That vehicle may be stopped for a pedestrian you cannot yet see. Wait until you are sure the crosswalk is clear.
- Use Extra Caution When Backing Up: Look carefully behind your vehicle before and while reversing. Children are especially vulnerable.
If an Accident Tragically Occurs: Legal Considerations
Even when everyone tries to be careful, accidents can still happen. If a pedestrian is hit by a vehicle, determining legal fault (culpability) is paramount. Investigators and lawyers will look at:
- Who had the right-of-way according to California law?
- Did the driver exercise the required duty of care?
- Was the pedestrian paying attention and following rules?
- Were there contributing factors like distraction, speeding, or impairment? California follows a “pure comparative negligence” rule. This means fault can be shared. For example, if a pedestrian was jaywalking unsafely but a driver was also speeding, both might be found partially responsible. An injured party can still recover damages, but their compensation will be reduced by their percentage of fault.
Immediately after an accident, it’s crucial to seek medical attention, report the incident to the police, gather witness information, and take photos if possible.
How KAASS LAW Advocates for Pedestrian Safety & Rights
At KAASS LAW, we are deeply committed to promoting road safety for everyone, including vulnerable pedestrians in our urban centers. We also stand ready to protect the rights of those injured due to negligence. Our attorneys have extensive experience handling Personal Injury cases, including those involving pedestrian accidents caused by inattentive, speeding, or otherwise careless drivers.
We understand how to thoroughly investigate these incidents. This includes analyzing police reports, interviewing witnesses, assessing compliance with California Pedestrian Laws, and demonstrating how a driver’s breach of their duty of care led to our client’s injuries. Our goal is to ensure victims receive full and fair compensation for their medical expenses, lost income, pain, suffering, and other damages. If you or a loved one has been injured in a pedestrian accident, please Contact Us for a free, confidential consultation to discuss your legal options.
Conclusion
Ultimately, the effort to prevent pedestrian accidents in California’s busy urban areas is a shared responsibility. Vigilance, caution, and a thorough understanding of and respect for traffic laws by both pedestrians and drivers are essential. By following safety guidelines, we can significantly reduce the risk of tragic incidents. However, when accidents do occur due to someone’s negligence, knowing your rights and seeking experienced legal counsel is critical for achieving justice and securing the compensation needed for recovery. Let’s all do our part to make our streets safer.