Who is at Fault When a Pedestrian is Hit By a Car?
Pedestrians have a duty of ordinary care when crossing the street or encountering motor vehicle traffic on public roadways.
Generally, both drivers and pedestrians must use reasonable care to avoid accidents and pedestrian injuries. Drivers are typically entitled to assume that the pedestrians they encounter on the street will obey all traffic laws and exercise their duty of ordinary care, including the duty to look carefully before crossing the street.Disabled Pedestrian’s Enhanced Duty of Care
Drivers also owe an enhanced duty of care to visually impaired pedestrians if it is clear to the driver that they are physically impaired. Vehicle Code 21963 provides that pedestrian who is carrying a white cane or walking with a guide dog have the right-of-way when crossing the street.
Drivers who encounter such pedestrians and fail to yield or take reasonably necessary precautions to avoid injuring the pedestrian will be guilty of a misdemeanor criminal offense.Sacramento Pedestrian Injury Lawyer
I’m Ed Smith, a pedestrian injury lawyer in Sacramento with nearly 40 years of experience successfully representing clients who have been involved in accidents. If you have been in an accident involving a motor vehicle and a pedestrian, you must seek experienced legal counsel right away. Call our injury attorneys today at 916.921.6400 or 800.404.5400. If you prefer email, please fill out our contact form.
Editor's Note: This page has been updated for accuracy and relevancy. [cha 4.16.21]