In a Santa Monica accident involving pedestrians walking in the same direction as traffic, the driver who acts negligently and hits the pedestrian can be liable for the damages. While pedestrians must walk against traffic, they can be free of liability if their actions did not directly cause the collision.
In this article, you will learn more about liability in accidents involving pedestrians walking in the same direction as traffic and the steps to take to receive compensation for the damages.
Do You Walk With or Against Traffic?
Most road users, especially pedestrians, ask, “Do you walk with or against traffic?” The National Highway Traffic Safety Administration suggests walking against the traffic flow if there are no sidewalks. You must also walk on the same side of the road as oncoming traffic.
Walking or crossing on the same side as oncoming vehicles is generally safer. When walking on the same side, you can see the oncoming cars, potentially giving you ample time to avoid collisions. In contrast, when vehicles are approaching from behind, you only hear traffic instead of seeing them.
In the United States, cars drive on the right side of the road. Therefore, on a two-way road, you should walk on the left side.
Is It Illegal to Walk in the Same Direction as Traffic in California?
No specific law prohibits walking in the same direction as traffic in California. However, the government recommends that pedestrians walk against traffic to reduce the risk of pedestrian accidents.
Moreover, according to California Vehicle Code 21956, pedestrians must stay near the left-hand edge of the roadway when walking outside of business or residential areas. However, if there’s no crosswalk or safe way to cross or traffic conditions make it unsafe, pedestrians can walk near the right-hand edge of the roadway.
Can I File a Claim for Compensation for a Santa Monica Accident Involving Pedestrians?
Did you know that Santa Monica accidents involving pedestrians resulted in 70 injured and fatal victims in 2021? If you are involved in such a collision, you may file a claim for compensation.
In California, if you are involved in a pedestrian accident caused by another individual’s negligence, you can typically seek compensation for your damages by filing a claim against the at-fault party. The liable party’s insurance provider will cover the damage costs in this case.
However, you need to provide evidence to establish the following elements of negligence when pursuing a case:
- The driver had a responsibility to ensure the safety of everyone on the road.
- The driver failed to fulfill this responsibility.
- Their failure to fulfill this duty directly caused the accident.
- As a result of the accident, you sustained injuries and other damages.
Moreover, you can establish negligence by collecting sufficient evidence, such as:
- Photos or videos of the accident
- Police reports
- Witness testimonies
- Accident reconstruction analysis
Who Is Liable When a Driver Hits a Pedestrian Walking With the Traffic?
Liability usually falls on the driver when they hit a pedestrian crossing the street, regardless of whether they are walking with or against traffic. This is because drivers must drive carefully and by traffic laws to ensure safety. Hence, drivers may be held accountable for any injuries or losses from their negligence and colliding with pedestrians.
For example, you were walking in the same direction of the traffic when a drunk driver hit you. In this case, the accident was due to their DUI violation, making them the liable party for the crash.
What Happens if I’m Partially Liable?
Liability can sometimes be shared under specific circumstances. For instance, a pedestrian may also share some responsibility for the collision if they cross the street illegally or jaywalking despite apparent risks.
If a pedestrian contributes to a Santa Monica accident, they can still file a claim and receive compensation for the damages. Under California’s pure comparative negligence principle, injured victims have the right to pursue personal injury claims regardless of their level of liability in an accident.
If you share liability, you will likely receive a reduced settlement depending on how much you contributed to the collision. For instance, if you illegally walked in an intersection because you thought the oncoming vehicle was far enough for you to cross, the drunk driver failed to react on time and ended up hitting you.
If the court finds you 30% liable for the pedestrian crash, you may receive a 70% settlement. On the other hand, the other party may also insist on 30% of compensation. This is why it is highly recommended that you hire a Santa Monica accident lawyer to assess the facts of the case, calculate the total damages, and negotiate for fair compensation.
Lawyer’s Tip: Personal injury attorneys typically assess the overall damages resulting from a pedestrian crash to determine whether a settlement offer adequately covers your expenses. Before accepting any settlement, it is advisable to seek advice from a pedestrian accident lawyer to ensure that you are receiving fair and appropriate compensation.
What Damages Can I Claim?
If you are involved in a pedestrian accident in Santa Monica, you have the option to file a personal injury claim to seek compensation for the damages you incurred. These damages can be classified into various losses.
Economic damages correspond to tangible financial losses justifiable through receipts and other documents, such as:
- Medical expenses
- Lost income
- Loss of financial support
- Burial and funeral costs
- Out-of-pocket expenses
Non-economic damages, on the other hand, pertain to the emotional or psychological impact of the accident, including:
- Pain and suffering
- Emotional distress
- PTSD
- Loss of companionship
Meanwhile, the at-fault driver may also be liable for punitive damages as a penalty for their reckless behavior that led to the accident.
While all damages can be added to your settlement, quantifying non-monetary losses may be challenging. Fortunately, a Santa Monica accident lawyer can carefully evaluate potential areas for coverage to accurately calculate the compensation and negotiate the highest settlement amount on your behalf.
How Can a Santa Monica Accident Lawyer Help Me?
Pedestrians walking in the same direction as traffic should not be held liable for an accident caused by another driver. However, insurance companies may use this to reduce your settlement, which can hurt your case, especially if you have limited knowledge about personal injury law.
A Santa Monica accident lawyer can help build and prove your claim by gathering evidence, negotiating with the insurance provider, and devising an effective legal strategy to protect your rights.
They can also take the following steps to win your case:
- Gathering evidence: Collecting evidence such as photographs, witness statements, and any relevant documentation can strengthen your case.
- Establishing liability: Determine who is responsible for the accident by gathering evidence that shows the other party’s negligence or wrongdoing.
- Assessing damages: Thoroughly evaluate the full extent of the damages, including medical expenses, property damage, lost wages, and any other losses suffered as a result of the incident.
- Communicating with the insurance company: Communicate with the insurance company, providing them with the necessary information and documentation to support your claim.
- Initiating legal proceedings: We will advise you on whether you are required to initiate legal proceedings to pursue your claim further.
Why Choose a Santa Monica Accident Lawyer from Jacoby & Meyers?
At Jacoby & Meyers, our commitment to helping accident victims secure the justice they deserve remains unwavering. We are dedicated to giving back to our communities by ensuring access to vital medical care for those affected by accidents.
Our legal team has streamlined a process to ensure you are well-informed about your legal rights and receive the justice you deserve. Our dedicated team of legal professionals offers exceptional service by:
- Maintaining transparent and open communication throughout the entirety of your case.
- Effectively negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in arranging appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your worries.
- Protecting your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer a free consultation, during which you can receive legal advice from Santa Monica car accident lawyers. To explore your legal options, call 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Although many other law firms make similar claims, we can offer our clients solid legal support. Thus, we encourage our former clients to talk about their satisfying experiences using our legal services.
“When I was in the pedestrian accident, I didn’t know which law firm could approach me until my dad recommended this law firm to me (upon seeing the billboard along Azusa Avenue in the City of Industry), so I started to call them a few days after the accident.
The staff was so professional and friendly that I gave them the relevant documents and information, and they worked on the case.
I understand the process, but I trust that they’ve worked hard to reach the settlement phase. And it happens that it’s done.
Reasonable rates and great people who never fail to work hard.
Thank you for your hard work and determination to reach the settlement. I will recommend this to somebody I know.” -Charles R.
Frequently Asked Questions About Pedestrian Accidents
Do you have further questions regarding pedestrian accident claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Pedestrian Accidents and How to Deal with Them
- Can I File A Pedestrian Accident Claim If I’m Not In A Crosswalk?
- Does Insurance Cover Hit-and-run Accidents?
- What Usually Happens in a Hit-and-Run Accident?
- What Happens If You Get Hit By A Car While Jaywalking?
Works Cited
Bumgardner, Wendy. “What Side of the Road Do You Walk On?” Verywell Fit, 4 June 2022. Accessed 9 May 2024.
“OTS Crash Ranking Results.” California Office of Traffic Safety. Accessed 9 May 2024.
“Pedestrian Safety: Prevent Pedestrian Crashes.” NHTSA. Accessed 9 May 2024.
“Section 21956 – Walking at edge of roadway; no stop absent immediate danger, Cal. Veh. Code § 21956.” Casetext. Accessed 9 May 2024.
“Tips for Pedestrian Safety.” Governor’s Traffic Safety Committee. Accessed 9 May 2024.