Sacramento Pedestrian Accident Lawyer

Real People Getting Real Results

Pedestrian accidents often have tragic results. The negligent driver of a car or other vehicle can cause severe injuries or, in the worst cases, wrongful death. On average, a pedestrian is killed in the U.S. every two hours. These statistics demonstrate the severity of these accidents.

Del Rio & Caraway, P.C. is backed by 50 years of combined legal experience and extensive knowledge and resources. We devote tremendous amounts of time and energy to crafting cases that effectively meet the needs of our clients. Our Sacramento pedestrian accident lawyers operate on a contingency fee basis, meaning that if we don’t obtain compensation on your behalf, you don’t owe us attorney fees.

Call (916) 229-6755 today to speak with a member of our team about your case.

Pedestrian Laws in California

Pedestrian laws in California are designed to ensure the safety of people walking on streets and sidewalks while regulating their interactions with motor vehicles. One of the fundamental aspects of California pedestrian laws is the right of way. Pedestrians generally have the right of way in crosswalks, whether marked or unmarked, meaning vehicles must yield to them when they are crossing the street. At controlled intersections, pedestrians should only cross when they have a green light or the appropriate pedestrian signal. However, jaywalking—crossing the street outside a crosswalk or at an intersection without signaling—is prohibited and can result in a fine.

In addition, pedestrians must follow certain safety guidelines to prevent accidents, such as walking on the left side of the road facing traffic when sidewalks are unavailable. This allows pedestrians to see oncoming vehicles and adjust accordingly. Pedestrians are also prohibited from standing in the road to solicit rides or obstruct traffic, except where legal, such as in designated hitchhiking spots.

Who is Responsible for a Pedestrian Accident?

In pedestrian accident cases, the court looks at a variety of factors involved. Both pedestrians and drivers have a responsibility to exercise care and follow the rules of the road.

When the Driver Is at Fault

Drivers have a responsibility to be on the lookout for pedestrians at any place where pedestrians may cross the street, not just intersections and crosswalks. A common myth about pedestrian accidents is that the driver is not at fault if the pedestrian doesn't have the right of way. However, even if a pedestrian is crossing the road illegally, the driver is still responsible to stop or slow down to avoid a collision.

Common factors involved in a driver’s negligence include the following:

• Distracted driving: One of the most common causes of pedestrian accidents is distracted driving. With the increasing use of smartphones, drivers often find themselves texting, calling, or browsing social media while behind the wheel. Even a few seconds of distraction can be enough to miss a pedestrian crossing the street. Distractions also include adjusting in-car entertainment systems or eating while driving, all of which divert the driver’s attention from the road.
• Drunk driving: Driving under the influence of alcohol or drugs severely impairs a person’s ability to operate a vehicle safely. Intoxicated drivers have slower reaction times, impaired judgment, and a decreased ability to recognize and respond to pedestrians. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving contributes to a significant percentage of pedestrian fatalities each year.
• Speeding: Speeding is another major cause of pedestrian accidents. Drivers going above the speed limit have less time to react to unexpected situations, such as a pedestrian stepping onto the road. At higher speeds, the impact of a collision is also much more severe, increasing the likelihood of serious injuries or fatalities.
• Failing to yield right of way to pedestrians at crosswalks: Pedestrians are often struck when drivers fail to yield the right of way at crosswalks. Whether due to inattention or disregard for traffic laws, this failure puts pedestrians in extreme danger. Crosswalks are specifically designed to protect pedestrians, and drivers are required to stop when a pedestrian is crossing. Ignoring this rule often leads to devastating accidents.
• Ignoring traffic conditions or weather conditions: Drivers who ignore traffic signals, signs, or the current weather conditions are at a higher risk of hitting pedestrians. For example, running a red light or stop sign can result in a pedestrian accident, especially if the pedestrian has the right of way. Similarly, weather conditions such as rain, fog, or snow can reduce visibility and make roads more slippery, requiring drivers to be extra cautious. Drivers who do not adjust their driving for these conditions increase the risk of pedestrian collisions.
• Failure to check blind spots: Pedestrians are often hit when drivers fail to check their blind spots, particularly when turning or reversing. This is especially common in urban areas where both vehicle and pedestrian traffic are dense. Many accidents occur when drivers don’t fully check around their vehicle before making a maneuver, leading to unexpected collisions with pedestrians.
• Left turns: While making left turns, drivers are often more focused on navigating through oncoming traffic and may not notice pedestrians crossing the street. This is a frequent cause of accidents, especially at intersections where pedestrians have the right of way.

Where the Pedestrian is At Fault

If a pedestrian did not follow the rules of the road, they could be held accountable for their own negligence that contributed to the accident. In these cases, California's contributory negligence laws will come into play. The pedestrian is still eligible to recover compensation, but the final recovery amount will be reduced by their portion of fault.

Contact Us Now for a Free Consult!

If you or a loved one have been involved in a pedestrian accident, it’s important to immediately get the help of a skilled Sacramento pedestrian accident attorney. At Del Rio & Caraway, P.C., our firm is passionate about helping our clients get the compensation they need in order to move towards a safe, secure future. We prioritize the needs of our clients and fight to uphold their best interests throughout every step of case proceedings.