Yes. Drivers must slow down and stop if necessary to avoid a collision with any pedestrian. They can be held financially responsible for pedestrian collisions, even if they occur outside of a crosswalk.
However, pedestrians are responsible for acting in the interest of their own safety and must obey certain traffic laws.
Showing Caution to Pedestrians at Bakersfield Intersections
Drivers must be on the lookout for vulnerable pedestrians at every intersection, especially busy ones like the crossing of Chester Avenue and California Avenue. Intersections will be the most likely place that walkers, dog-walkers, and runners will cross.
Drivers must yield to pedestrians whenever they are in the road, even if the pedestrian is crossing illegally or at the wrong time. Pedestrians have the right-of-way due to their vulnerability. Motorists must do everything they can to prepare for a close encounter with someone on foot and to prevent an impact.
It’s easy when a light is red, and those on foot have a “Walk” sign to guide them. Drivers must simply stop. But for added caution, they must come to a halt well behind the white stop line of the intersection, and well before intruding into the crosswalk. Stopping over the lines can force pedestrians to veer around protruding vehicles, causing them to take longer to cross.
But this duty of care is necessary at all crosswalks, even those easy to see markings and those without lighted pedestrian signs. Drivers must assume crosswalks even if they are visible. If a sidewalk intersects with a Bakersfield intersection, then it’s considered a crosswalk.
Can a Pedestrian Be Responsible for a Bakersfield Traffic Accident?
Yes. Pedestrians have the right-of-way. However, they are required to follow traffic laws that apply to them. That means they should only cross intersections when they have a “Walk” sign. They must only cross when they have a green light at intersections without an electronic “Walk” sign. They must cross the street as safely as possible.
California Vehicle Code CVC 21950 also goes into the responsibility of pedestrians to not create an immediate danger of a collision by stepping in front of moving traffic.
“(b) This section does not relieve a pedestrian from the duty of using due care for their safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
Although drivers bear a bigger responsibility to avoid pedestrian collisions, pedestrians can be blamed for accidents. But in many cases, pedestrians would only receive part of the blame, with the driver also receiving a share.
Pedestrians Can Earn Support in Accidents They Are Partially to Blame For: In California, two or more parties can share fault in an accident under the concept of “comparative negligence.” The good news is that as long as the pedestrian isn’t found 100% to blame, they could seek financial help if they were hurt.
A pedestrian in an example case could be assigned 40% of the blame for stepping out into traffic without giving drivers time to stop. The driver might receive 60% of the liability for going too fast to be able to react to a pedestrian approaching the street.
In the example, the pedestrian could be awarded accident compensation, say $10,000, but the award would be reduced by the pedestrian’s level of fault. So 40% would be taken from the $10,000 settlement. Leaving the victim with $6,000 to help with recovery.
Do I Need a Pedestrian Accident Lawyer?
If you come away from a pedestrian collision with a serious injury, say a broken bone or a head injury, it’s a good idea to talk to a lawyer in a free consultation. An attorney would be able to help you take on a giant car insurance company, and in many cases, earn you more.
A lawyer is also helpful when you are being blamed for your accident. Our lawyers can help you collect evidence showing a driver was fully to blame. Or if you must accept some blame, we will be fighting to make sure your percentage of fault is as low as possible.
Contact Maison Law Accident & Injury Lawyers of Bakersfield to schedule a confidential, no-obligation review of your case.
If you do need a strong Bakersfield pedestrian accident lawyer to help earn what you need for a full recovery, you won’t need any money to hire us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement check that a car insurer must write for you.