Pedestrians are the most vulnerable road users in Sacramento. While drivers have the shelter of a car to provide some protection in an accident, pedestrians are completely exposed. That’s why they are more likely to suffer catastrophic and fatal injuries when accidents happen.
Both drivers and pedestrians have legal responsibilities on California roads. And everyone is a pedestrian at some point during their day. Knowing the pedestrian laws in Sacramento can keep you safe when you’re traveling on foot. Obeying local pedestrian laws also provides important legal protection if you are ever struck by a car.
Have you been hurt? A Sacramento pedestrian accident lawyer at Demas Law Group, P.C. can review your case and determine whether you have a valid claim for compensation in a free consultation.
Contact us today to get started. If you can’t come to us, we’ll come to you.
What Are the Pedestrian Laws in Sacramento?
Per California Vehicle Code 21950b, California pedestrians have a duty to protect themselves when walking alongside or crossing roadways. Under this statute, pedestrians have several legal obligations. They must:
- Not dart out into the path of an approaching car and cause an “immediate hazard.”
- Keep walking when in a crosswalk. Pedestrians should only stop after crossing safely to the other side.
- Cross only at marked and unmarked crosswalks.
- Avoid jaywalking or crossing any road where there is no legal crossing.
As a general rule of thumb, never assume that another driver can see you when you’re walking on Sacramento roads. There’s no guarantee that they will follow the law.
Is the Driver Always Liable for Pedestrian Accidents?
While drivers are often at fault for pedestrian accidents, that’s not always the case. Pedestrian laws exist to protect everyone. Just as motorists have a duty of care to take reasonable steps to avoid a collision, pedestrians must do their part to prevent a crash.
When a pedestrian breaches their duty – for example, by entering traffic from between two parked cars – the pedestrian could be held at least partly at fault for the accident.
Fortunately, California law operates on a pure comparative negligence standard. This means that both parties can collect compensation from an accident, even if one is 99 percent to blame.
Proving Liability After a Pedestrian Accident
Proving liability after a pedestrian accident can sometimes be challenging, as numerous factors may be at play. An independent investigation will be needed to determine liability and pursue the compensation you deserve.
To prove liability in a pedestrian accident claim, you will generally need to demonstrate that:
- The motorist had a duty of care to keep you safe as a pedestrian.
- The driver breached that duty through negligent behavior, such as by running a red light.
- The motorist’s negligent behavior directly led to the pedestrian accident and your injuries.
Driver negligence can take many forms, and all of them are especially dangerous to pedestrians. Some common types of driver negligence include:
- Distracted driving – Distracted driving occurs when a driver turns their attention to anything other than driving. Common distractions include texting, talking on the phone, eating and drinking, holding a pet, personal grooming, and adjusting GPS devices.
- Drunk or drugged driving – Intoxication results in impaired focus and a delayed reaction time among drivers, leading to disastrous pedestrian collisions on sidewalks or at intersections.
- Aggressive driving – Speeding, ignoring the right-of-way, disregarding traffic signals, and sudden lane changes can be especially dangerous to pedestrians walking nearby.
- Hazardous conditions – Terrible pedestrian accidents can occur when drivers don’t adjust their speed and caution to account for low-visibility conditions, such as at night or during inclement weather.
Proving negligence is a tricky undertaking, even in cases where fault for the accident seems clear. It’s wise to consult with an experienced pedestrian accident attorney to give yourself the best chance of securing maximum compensation.
How Can a Pedestrian Accident Lawyer in Sacramento Help Me?
If you have been injured in a pedestrian accident in Sacramento, you could be entitled to recover compensation for financial and non-financial losses related to the accident. Compensation can cover losses such as:
- Medical expenses
- Lost wages
- Lost future earnings
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Punitive damages, in rare cases
Tips for Pedestrians in Sacramento
The Sacramento County Department of Transportation offers these safety tips to pedestrians and other road users:
- Never cross between parked cars or near road obstructions.
- Improve your visibility by always crossing at intersections and
- crosswalks.
Look in all directions for oncoming traffic before entering the road.
The National Highway Traffic Safety Administration (NHTSA) also advises pedestrians to:
- Be predictable. Drivers will expect you to obey pedestrian laws. Doing so can prevent collisions.
- Use sidewalks. In areas with no sidewalks, walk on the left side of the road facing oncoming traffic.
- Avoid distracted walking. Avoid wearing headphones and talking on the phone to prevent pedestrian accidents caused by inattention.
- No crosswalk or intersection? Choose an area with good lighting and high visibility to cross.
- Make eye contact with drivers. It’s a good way to confirm they see you.
- Be visible. Wear bright clothing during the day and reflective gear at night.
- Be careful in driveways, alleys, and parking lots. It’s harder for a driver to spot you when they are backing up.
- Don’t walk while intoxicated. Walking may be better than driving under the influence, but it can affect your judgment and coordination, which could lead to a pedestrian accident.
Contact a Pedestrian Accident Laws
Navigating the complex claim process while trying to bounce back from severe injuries can be incredibly stressful and challenging, which is why consulting with an experienced Sacramento pedestrian accident attorney is critical.
At Demas Law Group, P.C., our attorneys have the knowledge and resources to investigate the pedestrian accident, gather and preserve vital evidence to strengthen your claim, determine liability, and pursue the compensation you need to recover. Contact our pedestrian accident lawyer offices in Sacramento today for a free consultation.
