The roads in California have only gotten more dangerous over the past several years. Since 2020, counties across California have seen a sharp rise in accidents, injuries, and fatalities affecting everyone from drivers to cyclists, but few groups have been hit harder than pedestrians. According to the Governors Highway Safety Association, pedestrian deaths have increased by nearly 48% since 2016.
This surge in accidents has led to legal reforms across the state designed to give pedestrians stronger protections and clearer legal standing in the aftermath of a crash. California law recognizes the physical vulnerability of pedestrians and imposes a heightened duty of care on drivers to yield, stay alert, and prevent avoidable harm. When a driver violates that duty, pedestrians have a right to pursue justice and compensation.
Pedestrian Protections Under California Law
Pedestrian safety laws in California are both comprehensive and specific. The California Vehicle Code explicitly requires drivers to yield the right-of-way to pedestrians in marked crosswalks and unmarked crosswalks at intersections.
Assembly Bill No. 2147 expanded pedestrian right-of-ways to beyond the crosswalk, as well. Pedestrians can enter roadways unless “a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power”. These aren’t soft guidelines—they are legal mandates backed by civil liability in the event of a failure to comply.
Under Section 21950 of the Vehicle Code, drivers must reduce their speed, approach with caution, and stop when a pedestrian is present or approaching their lane. They are also prohibited from passing another vehicle that has already stopped to allow a pedestrian to cross. These laws are designed not only to protect pedestrians in the street but also to reinforce the importance of defensive driving and awareness in high-foot-traffic areas.
Beyond crosswalks, pedestrians have the legal right to use sidewalks without obstruction. When no sidewalk is available, they are permitted to walk along the edge of the road, and drivers are still expected to give them space and avoid dangerous driving behavior. These legal protections reinforce the idea that the burden of safety rests primarily with the driver, not the pedestrian..
Legal Liability, Presumption Of Fault, and Comparative Negligence
When a pedestrian is hit by a vehicle, California law leans in their favor, but liability still has to be proven. For a personal injury claim to succeed, three elements must be established. First, the driver must have owed a duty of care, which is almost always the case. Second, that duty must have been breached, whether by speeding, texting, or failing to yield. And third, that breach must be shown to have directly caused the pedestrian’s injuries.
Because of the sheer danger vehicles pose, drivers are generally presumed to be at fault in these cases. The law expects them to maintain control of their vehicle, anticipate possible hazards, and adjust their behavior accordingly. Even a split-second distraction can constitute a breach of duty when a pedestrian is involved.
California also applies the principle of comparative negligence, which allows more than one party to share responsibility for an accident. For example, if a pedestrian was crossing outside of a crosswalk or under the influence of alcohol, the court may find that they share a percentage of the blame. However, this would not disqualify them from compensation. If the driver was still primarily at fault, for instance, because they were distracted, the pedestrian may still recover damages, though the final award would be reduced in proportion to their share of liability.
What To Do In The Aftermath of the Accident
If you’ve been hit by a car while walking in Orange County, the hours and days afterwards can be overwhelming. You’re dealing with shock, medical treatment, and the emotional weight of what’s just happened while trying to make sense of the insurance process.
Considering a legal case on top of that may feel like it will send you over the edge. That’s where a professional personal injury attorney reduces the stress and helps guide you through a complex process.
At Leslie Law Firm, we understand the specific challenges pedestrians face in these cases. We start by thoroughly investigating the accident, gathering security footage, eyewitness statements, police reports, and other forms of evidence to build a strong case on your behalf. When insurance companies try to shift blame or downplay your injuries, we step in and push back with facts and fierce advocacy to help you get the compensation you may be entitled to receive
We also take over the burden of communication with insurance adjusters so that you can focus on recovery instead of paperwork and stress. If your case needs to go to court, we’re ready to fight for you there also. We’ll present your story, advocate for your needs, and work to secure compensation that reflects what you’ve been through rather than what the insurance company is willing to offer.
You don’t have to navigate this stressful and complex process alone. If you or someone you care about has been injured in a pedestrian accident, contact our team today to discuss your case and secure the financial recovery you need.
