In traffic law, the “right of way” determines who has the legal priority to use a road space and proceed first. For pedestrians, this concept is crucial in ensuring their safety as they navigate crosswalks and streets amid vehicle traffic. While pedestrians are often thought to always have the right of way, there are some situations in which this isn’t the case. For any pedestrian who has been injured, it’s important to understand right of way laws so you can determine liability and get the compensation you may be entitled to in the event of a Fresno pedestrian accident case.
When Pedestrians Have The Right of Way
Understanding where pedestrians have the right of way ensures safety for everyone on the road. Below is an overview of when pedestrians have the right of way in California.
- At Crosswalks: Pedestrians are granted the right of way at marked and unmarked crosswalks. Drivers approaching these crosswalks must slow down or come to a complete stop to let people cross safely.
- On Sidewalks: For those traveling along sidewalks, vehicles turning into driveways or intersecting side streets must yield to pedestrians. This ensures that those walking have a safe path and are not put at risk by turning traffic maneuvering across their route.
- Blind Pedestrians: Pedestrians using guide dogs or white canes always have the right of way as this indicates that they are partially or totally blind. They require extra caution from drivers to ensure their safety. It’s essential for everyone sharing the road to be acutely aware of and respectful towards these individuals.
When Do Pedestrians Not Have The Right of Way?
Pedestrians are generally recognized as having the right of way; however, they can forfeit that privilege by not adhering to certain rules. In the following situations, they do not have the right of way:
- Sudden Movements: Pedestrians should not disrupt traffic by stepping out abruptly onto the street from the curb or another place of safety, making it so vehicles don’t have enough time to yield.
- Bike Lane Use: When a walkway is present and usable, pedestrians should not occupy bike lanes as they’re designed for cyclists and could lead to dangerous encounters between the two.
- Crossing Outside of Designated Crosswalks When They Are Marked: At intersections, pedestrians should cross only within crosswalks, refraining from crossing elsewhere. If they break this rule, they do not have the right of way.
What Happens if a Pedestrian is Partially At Fault For an Accident in California?
In California, if a pedestrian is partially at fault for an accident, they may still be able to recover damages under the state’s pure comparative negligence rule. This system allows an injured party to collect compensation even if they are up to 99% responsible for an accident, although their recovery will be reduced by their percentage of fault. [Name of defendant] claims that [name of plaintiff]’s own negligence contributed to [his/her/nonbinary pronoun] harm. To succeed on this claim, [name of defendant] must prove both of the following:1. That [name of plaintiff] was negligent; and2. That [name of plaintiff]’s negligence was a substantial factor in causing [his/her/nonbinary pronoun] harm. If [name of defendant] proves the above, [name of plaintiff]’s damages are reduced by your determination of the percentage of [name of plaintiff]’s responsibility. For instance, if it’s determined that a pedestrian is 20% responsible for an incident because they were not using a marked crosswalk, and the driver is 80% at fault, the pedestrian’s compensation would be reduced by their 20% share of negligence. So, if the total damages awarded amount to $100,000, the pedestrian would receive $80,000. If you’re involved in an incident and worried about your role in it, reach out to us. We’ll do our best to make sense of the situation and advise you on what steps are best to take next. Contact us today to schedule a free consultation with a Fresno personal injury lawyer.