Pedestrian Accidents in California: What Drivers and Victims Need to Know
California’s Pedestrian Safety Crisis
Recent headlines about yet another person who was fatally struck along Pacific Coast Highway in Malibu is a tragic reminder of California’s pedestrian safety crisis. Incidents like these are far too common across the Golden State, especially in densely populated urban and coastal areas.
According to the California Office of Traffic Safety (OTS), there were 1,106 pedestrian fatalities in 2023 alone. California’s pedestrian death rate remains nearly 25% higher than the national average, illustrating a troubling pattern. While fatality data is available, the total number of pedestrians injured due to reckless, distracted, or speeding drivers each year remains underreported.
Legal Duties Under California Law
What Does the Law Say About Yielding to Pedestrians?
Under California Vehicle Code Section 21950(a), drivers are legally required to yield the right-of-way to pedestrians in marked or unmarked crosswalks. This law also obligates drivers to reduce their speed and take necessary precautions to ensure pedestrian safety.
Failure to yield can be a critical factor in a personal injury or wrongful death case. However, the statute also includes Section 21950(b), which reminds pedestrians they too must exercise reasonable care and avoid suddenly stepping into traffic.
The law does not automatically assign full fault to the driver or pedestrian. Instead, liability may be shared, and juries often examine the unique facts of each case. As of January 1, 2023, California’s "Freedom to Walk Act" (AB 2147) largely decriminalized jaywalking by prohibiting police from stopping or ticketing pedestrians for crossing outside a crosswalk unless an immediate, serious safety hazard exists. Pedestrians can now legally cross when safe, reducing unnecessary fines for crossing empty streets. It is however important to note that California Vehicle Code § 21954 placesa legal duty on pedestrians to yield the right-of-way to all vehicles upon the roadway that are so near as to constitute an immediate hazard. Insurance counsel routinely bring up this legal duty as a defense in pedestrian-car accidents. In fact, “dart-out” pedestrian cases—when someone runs into the road—can result in juries favoring the defense.
Pedestrian’s Rights After an Accident in California
If you or a loved one has been injured in a pedestrian-vehicle collision, you may be entitled to compensation under California’s negligence laws. According to CACI No. 400, establishing a successful personal injury case requires proving:
- The driver acted negligently.
- You suffered harm.
- The driver's negligence was a substantial factor in causing your harm.
Damages You May Be Entitled To:
- Economic Damages: medical bills, lost wages, rehabilitation, and future care
- Non-Economic Damages: pain, emotional distress, loss of enjoyment of life
- Punitive Damages: in extreme cases involving reckless or intentional conduct
Why Choose the Law Offices of Ali Taheripour
At The Law Offices of Ali Taheripour, we understand the devastating impact pedestrian accidents can have on individuals and families. With more than two decades of legal experience in California, our team is equipped to investigate, negotiate, and, if necessary, litigate your case through trial. Whether you are dealing with insurance adjusters, liability disputes, or full-scale litigation, we are here to guide you every step of the way.
Contact Us Today
If you or someone you love has been harmed in a pedestrian accident, don’t navigate the legal system alone. Call The Law Offices of Ali Taheripour for a consultation. We are here to listen and help.