Crosswalks are designed to offer pedestrians a safe passage across busy streets, but too often, drivers fail to observe traffic laws, putting pedestrians in dangerous situations.
In Bakersfield, Kern County, these accidents can result in serious harm to those simply trying to cross the road. Whether it’s due to distracted driving, speeding, or ignoring traffic signals, pedestrian accidents in Bakersfield draw attention to the need for both pedestrians and drivers to remain cautious and aware of their surroundings.
Knowing who is at fault when crosswalk laws are ignored becomes critical. Fault can rest with either the driver or the pedestrian, depending on how the laws were violated. This determination often requires examining factors such as traffic signals, right-of-way rules, and actions leading up to the incident.
Understanding how responsibility is assigned in these cases can help both pedestrians and drivers stay informed and protected on the roads.
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What Drivers and Pedestrians Need to Know
California’s crosswalk laws clearly define the rights and duties of both pedestrians and drivers. Pedestrians are given the right of way at both marked and unmarked crosswalks, and drivers are required to yield when someone is crossing. However, they are also expected to follow traffic signals and exercise reasonable care. Pedestrian accidents in Bakersfield often arise when either party fails to observe these rules, leading to harmful incidents and legal responsibility.
Assigning fault when crosswalk laws are ignored depends on the circumstances. Drivers may be liable if they fail to yield or are distracted, while pedestrians can be found responsible if they cross outside designated areas or against a signal. This clarity helps to address accountability and promote safer interactions between pedestrians and drivers on the road.
Common Causes of Pedestrian Accidents in Bakersfield
- Distracted Driving. Drivers using phones or engaging in other distractions may not see pedestrians in crosswalks, compromising traffic safety.
- Jaywalking. Pedestrians crossing outside of marked crosswalks create unexpected hazards for drivers, increasing the risk of collisions.
- Failing to Yield. Drivers who do not yield at crosswalks when pedestrians are present ignore the requirement to give pedestrians the right of way.
These behaviors violate California’s crosswalk laws. Distracted driving impairs a driver’s ability to spot and respond to pedestrians. Jaywalking disregards the need to use designated crossing areas, while failing to yield ignores the legal obligation to respect pedestrians’ right of way. Each action disregards rules meant to protect everyone on the road.
How Fault is Determined When Crosswalk Laws Are Ignored
Responsibility can be assigned to either the driver or the pedestrian based on who failed to follow the rules.
- Driver Responsibility. Drivers who do not yield at crosswalks or are distracted may be held liable. This includes situations where a driver fails to notice a pedestrian due to being inattentive or speeding through a crosswalk.
- Pedestrian Responsibility. Those walking may share fault if they cross the road outside marked crosswalks, disregard traffic signals, or suddenly enter the street, creating a risk for drivers. If a pedestrian’s actions contribute to the accident by not adhering to traffic laws, they may be partially responsible.
Bakersfield: The Most Dangerous City for Pedestrians?
A recent report titled “Dangerous by Design” ranks Bakersfield as one of the most hazardous cities in California for pedestrians. According to Smart Growth America, Bakersfield ranks as the fourth most dangerous metro areas for pedestrians in the nation. This ranking is based on an analysis of pedestrian crash data from 2018 to 2022.
The report shows an increase in pedestrian fatalities, with 30 more deaths recorded during this period compared to the previous five years, from 2013 to 2017. Bakersfield has an average annual pedestrian fatality rate of 3.99 per 100,000 people.
These statistics stress the need for better safety measures and stricter enforcement of crosswalk laws to counter the rising number of cases. Both drivers and pedestrians must be more aware of their responsibilities to help reduce the risk of accidents.
Real-Life Bakersfield Pedestrian Accident Cases
On April 13, 2024, a woman was killed after being hit by a vehicle at Ming Avenue and South P Street. Bakersfield police arrived at the scene around 2:07 a.m. and found the woman on the roadway. She was walking when an eastbound vehicle struck her, and the driver left the scene.
Another incident happened early morning of August 5, 2024, at East Brundage Lane at the intersection with Quantico Avenue. Police responded at about 5:12 a.m. and discovered the pedestrian with severe injuries; he was declared dead at the scene. The pedestrian was struck by a white pickup truck traveling westbound while walking southbound outside a crosswalk. The driver remained at the scene and cooperated with the investigation.
These cases of pedestrian accidents in Bakersfield show the importance of increased awareness and strict adherence to traffic laws, all for both driver and pedestrian safety.
Legal Consequences for Violating Crosswalk Laws
Fines and Penalties
Drivers who fail to yield to pedestrians at crosswalks may face fines and penalties. Under California Vehicle Code (CVC) § 21950, drivers are required to yield to pedestrians in both marked and unmarked crosswalks. Non-compliance can result in fines and points added to the driver’s record. Pedestrians, on the other hand, who cross streets outside designated crosswalks may be fined under CVC § 21955. This regulation requires pedestrians to use crosswalks and designated crossing areas.
Potential Legal Action
Both drivers and pedestrians can be subject to legal action if their actions result in accidents. Violating road safety laws can lead to lawsuits and other legal consequences, worse if these had led to pedestrian deaths.
Insurance Claims
Identifying who is at fault when crosswalk laws are ignored is integral in determining compensation. Insurance claims assess damages and injuries, with insurers evaluating how violations of crosswalk laws affect liability and settlement amounts.
Involved in a Pedestrian Accident in Bakersfield? Contact Us Today. Free Consultation.
Who holds fault when crosswalk laws are ignored? If you’ve been involved in a Bakersfield pedestrian incident, securing professional legal assistance is important.
Get the Support You Deserve. As an accident victim, having a lawyer experienced in these cases can greatly affect the outcome. Our team specializes in pedestrian accidents and will assist you throughout the legal process, working to secure fair compensation for medical bills, lost wages, and other damages.
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