California protects pedestrians, but the rules are more nuanced than 'pedestrians always have the right of way.'
The Crosswalk Rule Isn't Absolute
Many people believe pedestrians always have the right of way, but California law is more nuanced. Pedestrians have strong protections, yet they also have duties.
Both drivers and pedestrians can bear fault depending on the circumstances of a crash.
Marked vs. Unmarked Crosswalks
California recognizes crosswalks at intersections even when they are unmarked. Pedestrians generally have the right of way in both marked and unmarked crosswalks at intersections.
Outside of crosswalks, the right-of-way analysis shifts, and pedestrians must yield in many situations.
When Pedestrians Can Be at Fault
A pedestrian who darts into traffic, crosses against a signal, or jaywalks outside a crosswalk may share fault for a crash. California's pure comparative negligence rule then reduces recovery by their share.
Even so, a driver who could have avoided the collision often bears significant responsibility.
Driver Duties Toward Pedestrians
California requires drivers to exercise due care for pedestrians, including reducing speed and yielding when appropriate. The duty is heightened near schools, crosswalks, and areas with foot traffic.
A driver's failure to watch for pedestrians is a common basis for liability.
Comparative Fault in Pedestrian Cases
Because both parties can be at fault, pedestrian cases frequently turn on percentages. Insurers often exaggerate the pedestrian's share to reduce what they pay.
Strong evidence of the driver's conduct keeps the pedestrian's assigned fault as low as the facts allow.
Protecting a Pedestrian Injury Claim
Seek medical care immediately, photograph the scene and signals, gather witness information, and avoid recorded statements. These steps preserve the evidence that decides fault.
A free case review can clarify your rights after a pedestrian crash.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.