When Is a Pedestrian at Fault for an Accident in California?

Posted on by Naseer Khan

Whenever a driver gets behind the wheel of a car, they owe a duty of care to operate in a reasonably safe manner to protect themselves, other drivers, and any pedestrians in the area. In most cases, when a pedestrian is struck by a motor vehicle, the driver is considered to be liable for the accident. However, there are cases when the pedestrian may be found to be at fault for an accident in California.

NK Law Group is a California personal injury law firm with experience helping clients injured in pedestrian accidents. If you were injured in an accident where you believe the pedestrian is at-fault, our team of experienced lawyers can help you build a strong case and get justice for your losses.

Can a Pedestrian Be Liable for an Accident in California?

In California, pedestrians have the right-of-way at marked and unmarked crosswalks. However, when a pedestrian fails to comply with state-specified crosswalk or pedestrian laws, the driver may have the right-of-way. California law does not protect pedestrians who violate the laws. For example, a pedestrian jaywalking between vehicles may not be protected in a court of law if an accident occurs. That means pedestrians can be legally at fault for causing a car accident in certain situations. Circumstances in which a pedestrian could be at fault for causing an accident in California include:

  • Crossing while violating a traffic law by crossing at a red light when it shows the “do not walk” signal
  • Walking on a bridge or highway where pedestrian traffic is prohibited
  • Acting recklessly, negligently, or while under the influence of alcohol or drugs
  • Darting out between two parked cars in front of a vehicle, causing the driver to crash into the parked cars

While pedestrian traffic is prohibited in certain places like the highway, it does not mean a driver can hit someone and have no fault. Drivers still have a duty to be cautious and avoid striking pedestrians. If you have been involved in an accident in which you believe the pedestrian may be at fault, you may wonder how you can prove liability in your claim.

How Can You Prove Liability When a Pedestrian Caused an Accident?

Because it is more common for the driver to be found liable in a pedestrian accident, if you were involved in an accident in which the pedestrian was the at-fault party, it is important you know how you can provide proof of their negligent actions. To do this, you must provide evidence of the four elements of negligence. These elements are as follows:

  • The liable party owed you a duty of care
  • The liable party failed to uphold the duty of care owed to you
  • The breach in duty of care caused your injury
  • You suffered a loss as a result

A trusted personal injury lawyer can assist you in collecting all of the key evidence to ensure that you can prove the liability of the pedestrian party in your claim. 

California Comparative Negligence 

In California, a person can be fully or partially at fault for an accident.  Generally, a percentage of fault can be assigned to each party for their level of liability.  For example, in a situation where a vehicle is speeding but a pedestrian runs into the road, both parties can be found liable.  It is up to a jury to decide what percentage of fault will be assigned to each.  But it can be 50/50. 80/20, 60/40, depending on the circumstances.  California follows the rule of pure comparative negligence, meaning that even if you are 99% at fault, you can still recover 1% of your losses.  

Get Help Proving That a Pedestrian Was at Fault in Your California Accident Claim

The award-winning pedestrian accident lawyers at NK Law Group have been helping accident victims in California build strong claims after a pedestrian acted negligently. Our legal team is dedicated to providing clients with the trusted representation needed to help them retain their deserved compensation. We will be with you every step of the way during the legal process. 

To schedule a free consultation with a California pedestrian accident lawyer, contact us here or call (510) 519-9497.

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