Pedestrians can cross anywhere on the street they like in most areas. In the past, crossing outside of a crosswalk was known as Jaywalking and was technically illegal. But recent changes to the law permit pedestrians to travel across the street anywhere that’s convenient, as long as they are careful as they do so.
For motorists, the duty hasn’t changed. They must monitor for pedestrians everywhere they drive and slow down for them. They should be ready to stop if necessary. Drivers are most commonly found at fault in pedestrian collisions, and injured victims can seek help from car insurance companies for the cost of their recoveries.
To find out how to hold a driver’s car insurance provider fully responsible, contact Maison Law Accident & Injury Lawyers of Bakersfield to take advantage of a free case consultation. It’s a no-obligation way to determine what your injury should be worth.
Jaywalking Does Not Excuse Drivers from Blame in Pedestrian Accidents
Jaywalking has basically been decriminalized in California. Pedestrians can cross the street most anywhere they find convenient, without being stopped by Bakersfield Police, as long as they do so cautiously.
The Freedom to Walk Act, passed in 2023, stops law enforcement from stopping jaywalkers and issuing citations. Pedestrians are allowed to travel outside crosswalks freely. This would mean walkers could cross busy streets like Ming Avenue without having to find the closest intersection.
However, pedestrians are still responsible for seeing to their own safety and should never enter the street in a manner that creates an immediate risk for a collision. A police officer could only stop and arrest someone if they caused an instant risk of an accident with their actions.
The Freedom to Walk Act states that pedestrians can jaywalk “…unless a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle.”
In other words, those on foot can’t step out in front of an approaching car in a way that doesn’t allow the driver enough time to stop to prevent a collision.
Who Is Responsible for a Pedestrian Accident in Bakersfield?
Bakersfield drivers already carry the most responsibility for preventing pedestrian accidents. They must yield to defenseless pedestrians in intersections, slowing down and being ready to stop, even when drivers have a green light.
With the removal of most of the consequences for jaywalking, drivers can be liable for causing collisions along almost any street, anywhere. In most cases, the driver will share the majority of the blame in an accident, if not all of it.
The car insurance company involved could be liable for these and other hardships the victim faces:
- All of the medical bills the pedestrian receives and may receive in the future
- The paychecks that pedestrians must forfeit while they can’t work due to injury
- Additional support included in a settlement check for the pain victims are asked to endure
- Additional support for the emotional trauma caused by a horrifying collision and the mental anguish involved in a difficult medical recovery
In California, pedestrians and drivers can share the blame in accidents if both behaved carelessly. Usually fault would be divided up in percentages. The driver would often have to accept the biggest percentage of fault.
The pedestrian can still demand help with their recovery costs even if they are found partially to blame. The victim could still earn a settlement award, but it might be reduced by the percentage of liability that had been assigned to the pedestrian.
How Can I Tell If 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, talk to a lawyer in a free consultation.
An attorney would be able to help you force the driver to accept blame and keep a car insurance company from finding ways to escape financial liability. A skilled attorney can also usually help you earn much more for your injuries than you could by filing the claim yourself.
Contact Maison Law Accident & Injury Lawyers of Bakersfield to schedule a confidential, no-obligation review of your case that comes at no charge.
If you do need a strong Bakersfield pedestrian accident lawyer to help earn more, 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.