While pedestrians are often perceived as victims in motor vehicle accidents, California law acknowledges that they, too, can be at fault under certain circumstances. Contrary to popular belief, pedestrians are not automatically absolved of responsibility simply because they were struck by a car. In fact, under California’s comparative negligence system, a pedestrian can be found partially—or even entirely—liable for a collision.
This article explores when and how pedestrians may be found at fault in California, how fault affects their ability to recover compensation, and what legal options remain available to them.
The Legal Duty of Care for Pedestrians and Drivers
California law places a duty of care on both drivers and pedestrians. Drivers must operate their vehicles with reasonable caution, particularly when near crosswalks, school zones, or areas with high foot traffic. Simultaneously, pedestrians are expected to exercise reasonable care for their own safety.
California Vehicle Code § 21950 clearly articulates that:
- Drivers must yield the right-of-way to pedestrians crossing within marked or unmarked crosswalks.
- However, pedestrians are not allowed to “suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.”
This mutual duty of care lays the foundation for assigning fault in pedestrian-related accidents.
When Pedestrians Can Be at Fault in California
There are several situations in which a pedestrian may be found fully or partially at fault for an accident, including:
1. Jaywalking
Jaywalking is one of the most common infractions committed by pedestrians. This occurs when a pedestrian crosses the street outside a designated crosswalk or against a traffic signal. Although drivers still must try to avoid hitting anyone in the road, jaywalking increases the risk and liability of the pedestrian.
2. Crossing Against a Signal
Pedestrians who enter the crosswalk when the “Don’t Walk” signal is flashing may be considered negligent. Even if they are in a marked crosswalk, failure to obey traffic signals can result in shared fault.
3. Walking While Distracted
Using a smartphone, wearing headphones, or being otherwise distracted while crossing the street can impair a pedestrian’s awareness. If distraction leads to the pedestrian walking into the path of a vehicle, it can influence liability.
4. Alcohol or Drug Impairment
Impaired pedestrians are more likely to misjudge distances, react slowly, or act unpredictably. If an intoxicated pedestrian walks into traffic, stumbles into a roadway, or ignores crossing signals, they can be deemed at least partially responsible.
5. Suddenly Entering Traffic
Pedestrians who dart into the street without warning give drivers little or no time to react. California law does not excuse this behavior, even if it occurs near an intersection.
6. Walking on Freeways or Prohibited Roads
Pedestrians are generally prohibited from walking on freeways unless their vehicle is disabled. If struck in such areas, they may carry significant fault for placing themselves in harm’s way.
Comparative Negligence and Pedestrian Fault
California operates under a pure comparative negligence system. This means that more than one party can share legal responsibility for an accident. Each party’s compensation is reduced by their percentage of fault.
Example:
- A pedestrian jaywalks across a busy road and is hit by a speeding driver.
- The court determines the pedestrian was 40% at fault, and the driver 60%.
- If the pedestrian’s damages total $100,000, they would be eligible to receive $60,000—reflecting the 40% reduction.
This system ensures that even partially at-fault pedestrians may still pursue compensation, but it also emphasizes the importance of establishing the degree of negligence by both parties.
Evidence Used to Determine Pedestrian Fault
To determine who is at fault, insurers and courts typically review several types of evidence, including:
- Surveillance or dashcam footage
- Witness statements
- Police accident reports
- Traffic signal data
- Forensic accident reconstruction
- Medical records and timelines
In many cases, evidence must be preserved quickly. Surveillance footage can be erased, and witnesses may be difficult to locate after the fact. Therefore, working with an experienced personal injury attorney is crucial to building a strong case.
How Pedestrian Fault Affects Insurance Claims
If a pedestrian is found partially at fault, their insurance recovery may be affected, particularly when dealing with auto insurance companies. A pedestrian might seek compensation from:
- The driver’s liability coverage: Even if partially at fault, a pedestrian may still file a claim against the at-fault driver’s insurance.
- Their own health insurance: This may cover medical expenses regardless of fault.
- Uninsured/Underinsured motorist (UM/UIM) coverage: If the pedestrian owns a car, their own UM policy may help cover injuries from a hit-and-run or underinsured driver.
It’s important to note that insurance companies will often try to assign as much fault to the pedestrian as possible to reduce the payout. Legal representation can help push back against exaggerated claims of pedestrian negligence.
San Diego Trends: Pedestrian Behavior and Fault
San Diego sees hundreds of pedestrian accidents each year, and law enforcement continues to cite risky pedestrian behavior as a contributing factor in many incidents. Popular nightlife zones like Gaslamp Quarter or Pacific Beach often report high incidents of intoxicated pedestrians walking into traffic.
In response, San Diego’s Vision Zero safety campaign has included not just infrastructure improvements, but also pedestrian education programs focused on safe crossing behaviors, reducing distractions, and obeying traffic signals.
While San Diego police may issue citations to negligent drivers, they also have the authority to cite pedestrians who violate traffic laws.
Legal Remedies Still Available to Pedestrians
Even if a pedestrian was partially at fault, they may still be eligible for compensation, including:
- Emergency room and hospital bills
- Follow-up medical treatment
- Lost income
- Loss of earning capacity
- Pain and suffering
- Permanent disability
- Emotional distress
In cases involving fatalities, surviving family members may file a wrongful death claim, even if the deceased pedestrian bore some responsibility for the incident.
Steps to Take if You’re a Pedestrian Involved in an Accident
- Call 911 to report the accident and request medical help.
- Do not admit fault at the scene.
- Gather contact information for the driver and any witnesses.
- Take photographs of the scene, signage, and your injuries.
- Seek medical attention even if symptoms are delayed.
- Obtain the police report as soon as it’s available.
- Consult a personal injury attorney to evaluate your legal options.
Conclusion
Pedestrians in California are not immune from liability in traffic accidents. Whether due to jaywalking, ignoring signals, or distracted walking, their actions can contribute to the cause of a collision. However, thanks to California’s comparative negligence system, being partially at fault does not eliminate the right to pursue financial recovery.
An experienced pedestrian accident lawyer in San Diego can help pedestrians understand their rights, challenge exaggerated fault claims, and work to secure fair compensation.
References
- California Code of Civil Procedure § 335.1. (2023). Retrieved from https://leginfo.legislature.ca.gov
- California Vehicle Code § 21950. (2023). Retrieved from https://leginfo.legislature.ca.gov
- California Office of Traffic Safety. (2023). Pedestrian safety and enforcement data. Retrieved from https://www.ots.ca.gov
- San Diego Police Department. (2023). Collision reports and pedestrian enforcement trends. City of San Diego.
- National Highway Traffic Safety Administration. (2022). Traffic safety facts: Pedestrians. Retrieved from https://www.nhtsa.gov