Pedestrian Rights in Accident Cases
Pedestrians are some of the most vulnerable road users, and when they are involved in an accident, they can suffer severe injuries and, in some cases, life-altering consequences. If you or someone you know has been involved in a pedestrian accident, it’s important to understand your rights and the legal protections afforded to you under California law.
At the Law Offices of Steven Zwick, we believe that protecting the rights of pedestrians is critical when pursuing justice and compensation following an accident. Our skilled attorney is dedicated to helping you understand your pedestrian rights and responsibilities and to making informed decisions when filing a claim for compensation.
Pedestrian & Driver Responsibilities in an Accident
Under California law, pedestrians have a right to safety on the road, but this right comes with certain responsibilities. Pedestrians are required to obey traffic signals, crosswalk indicators, and other pedestrian-specific traffic laws. For instance, under California Vehicle Code (CVC) § 21950(b), pedestrians are cautioned not to leave a curb or other place of safety and walk or run into the path of an oncoming vehicle if it creates an immediate hazard.
Furthermore, pedestrians are expected to take due care of their own safety, which includes avoiding jaywalking, crossing against traffic signals, or behaving in a negligent manner.
However, not all accidents are the fault of pedestrians. It’s not uncommon for drivers to fail to yield the right of way, speed in crowded pedestrian zones, or drive recklessly near crosswalks and intersections. Under California Vehicle Code (CVC) § 21950, drivers must yield the right of way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
It also notes that drivers have a duty to exercise due care to protect the safety of pedestrians at all times. However, a driver who is distracted or impaired could violate this duty, which could lead to an accident.
It’s important to evaluate the circumstances of the accident thoroughly to determine liability. Therefore, if you've been injured in a pedestrian accident, seek legal advice as soon as possible to protect your rights and make sure you are not unfairly blamed for what happened.
Pedestrian Rights During an Accident
Pedestrians who have been injured in an accident have specific rights under California law, and knowing these rights can make a significant difference in how your claim is handled. The primary rights you should exercise after an accident include the following.
A right to medical attention: If you’re struck by a vehicle, prioritize your health and safety by seeking immediate medical attention, either from paramedics at the scene or at a hospital soon after. Your medical records will also be vital evidence for your claim.
A right to document the accident: If you’re able, take pictures of the scene, including traffic signals, vehicle damage, and your injuries. Collect the contact details of all involved parties, including the driver, witnesses, and responding law enforcement officers. The more information you have, the stronger your case will be.
A right to pursue compensation for your injuries: Compensation can cover a variety of damages, including medical bills, rehabilitation costs, lost wages, pain and suffering, and even future loss of income. While the process may seem overwhelming, this is where an experienced attorney can assist in gathering the necessary evidence, negotiating with insurance companies, and representing your best interests.
It should also be noted that pedestrians injured in a hit-and-run accident have the right to seek compensation, even if the driver is never located. This is often done by filing a claim through uninsured motorist coverage on their automobile insurance policy. An experienced personal injury attorney can instruct you on how to file a claim.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for a variety of reasons. While many causes are often directly related to driver error, it is still the responsibility of the pedestrian to be aware of their surroundings to minimize the chances of an accident occurring. Some of the most common causes of pedestrian accidents include:
Distracted crossing: Pedestrians who are texting, talking on the phone, or listening to music while crossing the street may not be fully aware of their surroundings and can easily get hit by a car.
Speeding: Drivers who are speeding have less time to react and stop for pedestrians, increasing the likelihood of an accident.
Failure to yield: Drivers who fail to yield to pedestrians at marked crosswalks or intersections put them at risk of being hit.
Intoxicated driving: Driving under the influence of alcohol or drugs impairs judgment and reaction time, making it more likely for a driver to hit a pedestrian.
Ignoring traffic signals: Drivers who run red lights or stop signs put pedestrians at risk of being hit while crossing the street.
Distracted driving: Drivers who are distracted by their phones, food, or other activities while behind the wheel may not be paying attention to pedestrians.
Poor visibility: In low light conditions or bad weather, drivers may have difficulty seeing and anticipating pedestrians on the road.
Backing up without checking blind spots: Drivers who back up without properly checking their surroundings can accidentally hit pedestrians walking behind them.
How to File a Claim as a Pedestrian Following an Accident
If you’ve been involved in a pedestrian accident, filing a claim is the next step to seeking justice and pursuing financial compensation for your injuries. While the process might feel intimidating, an experienced personal injury attorney can guide you through the steps.
Notify the driver’s insurance company: If the driver was at fault or partially at fault, their insurance will generally be responsible for covering your damages. However, insurance companies may try to minimize your claim or avoid paying out entirely, so it’s critical to present clear and undeniable evidence of liability and the extent of your injuries.
Compile all the necessary documentation: Work with your attorney to compile evidence for your case. This includes medical bills, a police report (if applicable), evidence of lost wages, and any other records of expenses related to the accident. Evidence such as photographs, witness reports, and traffic camera footage can also strengthen your claim.
Negotiate your settlement or pursue litigation: Negotiate with the insurance company to settle your claim. If the insurance company undervalues your claim, you may need to pursue litigation. At the Law Offices of Steven Zwick, we will stand up to any insurance company that attempts to undervalue or deny a legitimate claim.
California law imposes a two-year statute of limitations for personal injury claims, meaning you must file a lawsuit within two years from the date of the accident if a settlement is not reached with the insurance company. Failing to adhere to the statute of limitations could forfeit your ability to recover damages, which makes early action critical.
Contact an Experienced Attorney Today
If you or a loved one has been injured as a pedestrian in an accident, you don’t have to face the aftermath alone. California personal injury law can be overwhelming, especially when dealing with severe injuries and medical treatment. That's where the services of a skilled attorney can be of great help.
At the Law Offices of Steven Zwick, we work diligently to protect the rights of pedestrians who have been injured in accident cases across Orange County, California. Contact us today to schedule a free consultation.
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