What Happens If You Hit a Pedestrian Not in a Crosswalk?

what happens if you hit a pedestrian not in a crosswalk

Pedestrian accidents are some of the most serious and life-altering incidents on the road. When a driver hits a pedestrian, the physical, emotional, and financial consequences can be overwhelming for everyone involved. While pedestrians have certain legal protections, not being in a crosswalk at the time of the accident introduces additional complexities regarding fault and liability.

If you have been involved in an accident where a pedestrian was not in a crosswalk, it’s essential to understand your responsibilities, how fault is determined, and the steps you should take to protect yourself legally. Your dedicated car accident lawyer from Pyramid Legal can help you address these issues and recover the compensation you deserve for your damages. Here is more about what happens if you hit a pedestrian who is not in a crosswalk.

Driver and Pedestrian Responsibilities in a Crosswalk

In California, both drivers and pedestrians have legal obligations designed to promote safety and prevent accidents. These responsibilities become critical when determining liability in a collision.

Driver Responsibilities

  • Maintaining vigilance – Drivers are required to exercise due care and watch for pedestrians at all times, especially in high-traffic areas.
  • Speed awareness – Driving at a safe speed, particularly in residential or school zones, reduces the likelihood of accidents.
  • Yielding to pedestrians – Drivers must yield the right-of-way to pedestrians crossing within marked or unmarked crosswalks at intersections according to California Vehicle Code § 21950.

Pedestrian Responsibilities

  • Adhering to traffic rules and regulations – Pedestrians must obey crossing signals and wait for a safe opportunity to cross.
  • Avoiding sudden movement – Pedestrians must not suddenly leave a curb or place themselves in the path of a vehicle, making it impossible for the driver to stop.
  • Using designated crosswalks – Pedestrians are legally required to use marked crosswalks or intersections when crossing the road per California Vehicle Code § 21954.

Determining Fault When a Pedestrian is Not in a Crosswalk

When a pedestrian is not in a crosswalk, the process of determining fault becomes more complex. Liability may depend on several factors, including the actions of both the driver and the pedestrian.

Liability Considerations

  • Pedestrian negligence – Pedestrians who cross outside of designated areas, particularly in unsafe or unexpected locations, may bear partial or full responsibility for the accident.
  • Driver negligence – Even if a pedestrian is outside a crosswalk, drivers must exercise reasonable care to avoid collisions. Failing to do so could result in shared or full liability for the driver.
  • Shared fault – In California, comparative negligence laws allow for fault to be shared between both parties as described under California Civil Code § 1714. For example, if the pedestrian is found 60% at fault and the driver is 40% at fault, any compensation awarded will be adjusted accordingly.

Possible Consequences Negligent Drivers Face

Drivers who are found negligent in a pedestrian accident may face a range of legal, financial, and personal consequences:

Legal Penalties

  • Traffic citations – Drivers may receive tickets for speeding, reckless driving, or other traffic violations.
  • Criminal charges – Severe cases, particularly those involving fatalities or intoxication, may result in criminal charges, including vehicular manslaughter.

Civil Liability

  • Personal injury claims – The injured pedestrian may file a claim against the driver for medical expenses, lost wages, and pain and suffering.
  • Wrongful death claims – If the pedestrian dies, their family may pursue a legal claim with help from a wrongful death attorney.

Insurance Impact

  • Rate increases – Being found at fault in a pedestrian accident can lead to significant increases in your insurance premiums.
  • Policy limits – If damages exceed your policy limits, you could be held personally liable for additional compensation.

Steps to Take Immediately After an Accident

If you hit a pedestrian, taking the right steps immediately can protect both your safety and your legal rights:

  • Prioritize safety – Stop your vehicle and check on the pedestrian. If they are injured, call 911 for medical assistance.
  • Contact authorities – Report the accident to law enforcement and remain at the scene until you are cleared to leave. Cooperate with the responding officers and provide accurate information.
  • Document the scene – Take photos of the accident scene, your vehicle, and any visible injuries. Collect contact information from witnesses if possible.
  • Exchange information – Share your contact and insurance details with the pedestrian. Avoid admitting fault or discussing the specifics of the accident.

How to Avoid a Collision

Both drivers and pedestrians can take proactive steps to reduce the risk of accidents by:

  • Avoiding risky behavior
  • Being cautious in low visibility
  • Following speed limits
  • Staying alert
  • Staying visible
  • Using crosswalks

Meet With a Trial-Tested California Pedestrian Accident Attorney Today

If you have been involved in a pedestrian accident, whether or not the pedestrian was in a crosswalk, understanding your legal rights and responsibilities is essential. These cases can be legally complex, and having the right legal support can make all the difference.

At Pyramid Legal, we have extensive experience representing drivers and pedestrians in accident cases throughout California. Contact us today for a free consultation to discuss your case and explore your options. You can reach us by phone or through our quick contact form to get started as soon as today.

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