Drivers approaching intersections must direct their focus to any pedestrians who may also be using crosswalks. Motorists are required to slow down and be ready to stop to avoid hitting any person on foot, even in situations where a pedestrian didn’t have the right of way.
Pedestrians struck and injured by Bakersfield motorists can seek compensation for their enormous medical bills, and for the time and money they lose on the job. To discuss the best way to hold car insurance companies fully liable, schedule a free, no-obligation consultation with Maison Law Accident & Injury Lawyers of Bakersfield.
Laws Protecting Pedestrians at Bakersfield Intersections
Crosswalks can be marked at some intersections with flashing lights and “Walk” and “Don’t Walk” signs. They may feature wide, white lines. But crosswalks around the city might also be “unmarked” with no lines and lights.
Even if they aren’t visible, drivers must still treat any intersection intersected by sidewalks as having crosswalks. The pedestrian would have the right-of-way when crossing.
California Vehicle Code Section 21950 goes into the duty of each motorist when approaching intersections.
“(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter…
…(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.”
Another critical responsibility for local drivers is explained in CVC 21951. Motorists should never pass a car stopped at an intersection with a crosswalk. In some cases, the stopped vehicle has halted to allow pedestrians to cross. Unfortunately, a driver approaching may not be able to see the pedestrians and can whip around the stopped car, only to strike pedestrians.
Responsibilities for Pedestrians to Act for Their Own Safety. Pedestrians must be shown care when they are in the street, but they also have duties to follow all applicable traffic laws.
- Pedestrians must act to keep themselves safe, such as avoiding suddenly stepping out in front of cars in a manner that leaves drivers without time to stop.
- Pedestrians must not unnecessarily stop or delay traffic while in a crosswalk.
- Pedestrians must obey traffic lights when they are in place and proceed only on “Walk” signals.
Can I Earn Injury Support If I Was Crossing the Street Outside of a Crosswalk When I Was Hit?
These are all meant to keep those on foot safe, but a pedestrian crossing the street in an unadvised manner may not bear the complete blame in a collision. Drivers must show a special level of caution and care to avoid accidents, even if a pedestrian were crossing in the middle of the street, far away from an intersection.
With this elevated responsibility, drivers and pedestrians can sometimes share fault in a collision. The pedestrian may have crossed the street when it wasn’t safe, but the driver may have been going too fast to show caution to any person walking.
The driver may be assigned a portion of the liability, say 75%. The pedestrian may also be assigned some fault, for example, 25% of the blame. In this case, the injured victim could still seek compensation, but any settlement award would be reduced by the pedestrian’s level of liability. In this case, 25% would be subtracted.
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, 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.
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.