When a pedestrian accident happens, one of the first questions victims ask is: “Who is responsible?” Determining liability isn’t always straightforward. While many people assume drivers are always at fault, California law recognizes that both drivers and pedestrians have legal duties on the road. Understanding how liability is established can help accident victims pursue fair compensation.
1. Drivers’ Duty of Care
California law requires drivers to exercise reasonable care when operating their vehicles. This includes:
- Yielding the right of way at crosswalks
- Avoiding distractions such as texting
- Obeying traffic signals and speed limits
- Never driving under the influence
If a driver fails to uphold this duty and strikes a pedestrian, they are often found negligent and therefore liable for damages.
2. Pedestrians’ Responsibilities
Pedestrians also have legal obligations. They must:
- Cross only at designated crosswalks when possible
- Obey traffic signals
- Avoid suddenly stepping into the path of a vehicle
If a pedestrian ignores these responsibilities, they may share some fault in the accident.
3. Comparative Negligence in California
California follows the rule of comparative negligence. This means even if the pedestrian is partially responsible, they can still recover damages—just reduced by their percentage of fault. For example, if a pedestrian is found 20% at fault for jaywalking, and the driver is 80% at fault for speeding, the pedestrian can still recover 80% of the damages awarded.
4. Other Potentially Liable Parties
Liability in pedestrian accidents doesn’t always stop with the driver. Other responsible parties might include:
- Employers (if the driver was on the job)
- Vehicle manufacturers (if a defect contributed)
- Government entities (if unsafe road design or malfunctioning traffic signals played a role)
5. Evidence That Proves Liability
To establish fault, certain types of evidence are critical:
- Police reports
- Eyewitness statements
- Surveillance or traffic camera footage
- Expert testimony on accident reconstruction
Final Thoughts
Pedestrian accidents in California involve complex questions of law and fact. Determining liability is rarely black and white. That’s why accident victims need an experienced attorney to investigate, gather evidence, and argue for maximum compensation. If you’ve been hit as a pedestrian, don’t assume liability is clear—get the legal guidance you need to protect your rights.
