Yes, California drivers owe pedestrians special duties under the law because the government realizes the great dangers that vehicles pose to residents that choose to walk across the streets, sidewalks, and other areas of the state.
The Duties That Drivers Owe Pedestrians In California
The California Legislature recognizes the grave risks cars, trucks, and vehicles present to pedestrians and requires them to exercise care in their presence. Furthermore, according to California Vehicle Code 625 ILCS 5/11-1003.1, “…every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any personal operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a child or any obviously confused, incapacitated or intoxicated person.” Therefore, the onus is on the driver to be careful when people are walking around.
Do Different Pedestrians Deserve Different Duties?
In certain situations, the law awards different duties to different people. This means that you must treat certain kinds of people with more care than you otherwise would. For instance, in the context of nursing homes, residents that are vulnerable to falls and/or bed sores deserve extra protection from these dangers from the nursing home staff. Pedestrian accidents are no exception. For instance, persons passing through crosswalks are supposed to receive extra attention from drivers, bicyclists, and others. Additionally, the law imposes duties on drivers to avoid harming children. If you know they are in the area for school, play, or other recreational activity, then you are supposed to be more careful than you ordinarily would be. To learn about other protected classes of pedestrians, and to learn about what remedies the law provides these groups if they are injured, contact our offices.
How Are Pedestrians Normally Injured In California?
Hopefully, you realize that pedestrians are owed extra duties of care from drivers and other parties in California. Now, it is time to identify how pedestrian accidents normally arise. This will give you some insight into when you can recover if you are hurt while walking around the great state of California. Alternatively, it might help you understand when to be more careful when driving around its roads and sidewalks. Therefore, here are some of the most common causes of California pedestrian incidents:
- Drivers travelling over the speed limit;
- Drivers going through crosswalks;
- Drivers that drink and drive;
- Drivers that go through red lights or ignore traffic signs;
- Drivers that do not use proper signals;
- Drivers that lose control of their vehicles due to inclement weather;
- Injuries from animal attacks;
- Mishaps on construction sites; and
- Equipment malfunctions that injure persons passing by the area.
Of course, you might get hurt an entirely different way. But these are where we see most California pedestrian injuries and, consequently, cases. To learn more about if your incident can be a lawsuit, give us a call.
Still Have Questions About California Pedestrian Accidents?
Jimmie Kang Law Firm is dedicated to securing the most compensation possible for injured California pedestrians in litigation. Like other clients we represent, we can fight for you on a contingency basis where we only charge for legal services if there is a successful recovery. Contact Jimmie Kang Law Firm today to start the process of achieving the award that you deserve.
- Distracted Drivers
- Drunk Driving
- Hit and Run
- Crosswalk Accidents
- Pedestrian Accident FAQ
- Wrongful Death
- Brain Injury
- Back and Neck
Motor Vehicle Crashes
- Car Crashes
- Semi-Truck Accidents
- Bus Accidents
- Uninsured Motorists
- Parking Lot Accidents
- Van Accidents
For additional information see the following pages:
- Are There any California Laws to Protect Pedestrians in Crosswalks?
- I was Told That I was Partially at Fault for my Accident. Can I Still Pursue a Claim for my Injuries?
- Can I Pursue a Bicyclist That Hit me to Recover Compensation for my Injuries if I was Jogging on a Marked Bike Path?
- Can I File a Wrongful Death Lawsuit if my Family Member was Killed in a Pedestrian Accident?
- Do California Drivers owe Pedestrians any Special Duties of Care Under California Law?
- California Pedestrian Accident FAQ’s