Walking to the store or cycling through the vibrant neighborhoods of Santa Ana should be a safe and simple part of daily life. Unfortunately, a collision with a negligent driver can happen in an instant, leaving a bicyclist or pedestrian with devastating injuries. As a “vulnerable road user,” you have very little protection against the impact of a motor vehicle.
It’s crucial to understand that California law provides specific protections for people on foot and on bikes. Knowing your pedestrian and bicycle accident rights is the first step toward holding an at-fault driver accountable. This guide is here to clarify key crosswalk laws and explain your options for seeking compensation for pedestrian injuries. If you have been hurt in a Santa Ana pedestrian accident, the compassionate bicycle accident lawyers at Kohan & Bablove Injury Attorneys can help you navigate the path to justice.
California Laws Protecting Pedestrians and Bicyclists
As vulnerable road users, pedestrians and cyclists are granted special protections under the law. When a collision occurs in a busy area like Santa Ana, it is critical for victims to know that drivers have a heightened responsibility to ensure their safety. Understanding your specific pedestrian and bicycle accident rights is the foundation for building a successful personal injury claim and holding a negligent driver accountable for their actions.
The Right-of-Way in Marked and Unmarked Crosswalks
California Vehicle Code 21950 is clear: drivers must yield the right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk. A “marked” crosswalk is obvious, with painted white lines. What many people don’t realize is that an “unmarked crosswalk” legally exists at every intersection where streets meet at approximately right angles, unless a sign explicitly prohibits crossing. This means that even if there are no painted lines, a driver has a legal duty to stop for you. A failure to do so is a clear sign of negligence in a Santa Ana pedestrian accident.
A Driver’s Duty to Exercise Due Care
A driver’s responsibility doesn’t end at the crosswalk. All motorists have an overriding duty to exercise “due care” and do everything reasonably possible to avoid striking a pedestrian or bicyclist. This means being alert, controlling their speed, and anticipating that people may be on the road, especially in residential areas, near schools, or in commercial districts. Even if a pedestrian is crossing outside of a crosswalk, a driver who had a clear opportunity to see them and avoid a collision can still be held partially or fully at fault. Experienced bicycle accident lawyers often use this principle to establish driver negligence.
California’s Three Feet for Safety Act (for cyclists)
To enhance safety for cyclists, California enacted the “Three Feet for Safety Act.” Under this law (CVC 21760), a motor vehicle driver passing a bicyclist traveling in the same direction must maintain a minimum distance of three feet between their vehicle and the cyclist. If the roadway is too narrow to provide three feet of clearance, the driver must slow down to a safe and reasonable speed and only pass when it is safe to do so. A driver who violates this rule and causes a collision is demonstrating clear negligence, providing powerful evidence for a bicycle accident lawyer.
Common Causes of Pedestrian and Bicycle Accidents
While every collision is unique, the underlying causes often fall into familiar patterns of driver negligence. In a city with as much foot and vehicle traffic as Santa Ana, these lapses in judgment can have devastating consequences for vulnerable road users. Understanding the most common causes of these incidents is often the first step in identifying who is at fault and asserting your pedestrian and bicycle accident rights.
Distracted and Inattentive Drivers
This is a leading cause of preventable accidents. A driver who is texting, adjusting their GPS, eating, or otherwise not paying full attention to the road cannot exercise the “due care” required by law. For a pedestrian or bicyclist, who can easily be missed by an inattentive driver, this form of negligence is particularly dangerous and is a frequent factor in claims for compensation for pedestrian injuries.
Failure to Yield at Intersections
Many accidents happen at intersections when drivers fail to yield the right-of-way. This includes:
- Making a right turn without checking for a pedestrian in the crosswalk.
- Turning left and focusing only on oncoming cars, not the person crossing the street they are turning onto.
- Rolling through a stop sign without coming to a complete stop.
In any of these scenarios, the driver is violating the law and is clearly liable for the resulting harm in a Santa Ana pedestrian accident.
Speeding in Residential or Commercial Zones
Posted speed limits are not suggestions. A driver speeding through a residential neighborhood or a busy commercial district has less time to react to a pedestrian stepping into the road or a bicyclist changing position. Furthermore, higher speeds dramatically increase the severity of injuries in a collision. A responsible driver adjusts their speed to the conditions, and failing to do so is a clear breach of their duty to keep others safe. This is a point any experienced bicycle accident lawyer will investigate thoroughly.
Overcoming “Blame the Victim” Defenses
It’s a distressing but common tactic: after a collision, the driver or their insurance company will try to shift blame onto the injured pedestrian or bicyclist. This is a calculated strategy designed to reduce or deny your rightful compensation for pedestrian injuries. They will claim you were not paying attention or were in the wrong place at the wrong time. A skilled attorney knows how to anticipate and dismantle these arguments.
Addressing Claims of “Jaywalking” or “Darting Out”
Insurance adjusters often argue that a pedestrian was “jaywalking” or “darted out” into traffic. While pedestrians do have a duty to exercise reasonable care for their own safety, this defense does not automatically clear the driver. Under California’s “comparative negligence” rule, you can still recover damages even if you are found to be partially at fault. Furthermore, a driver always has a duty of care to avoid a collision if possible. If a driver was speeding or distracted in a Santa Ana pedestrian accident, they can still be held liable, even if the pedestrian was outside a crosswalk.
Using Expert Analysis to Reconstruct the Accident
To counter these “blame the victim” arguments, a bicycle accident lawyer will often hire an accident reconstruction expert. These specialists use science and engineering principles to determine what really happened. By analyzing evidence like skid marks, vehicle damage, traffic light sequences, and driver sightlines, they can create a computer-animated model of the crash. This expert analysis can definitively prove the driver’s speed, their line of sight, and whether they had sufficient time to see you and avoid the collision, effectively debunking false claims and proving the driver’s negligence.
Kohan & Bablove: Your Advocate on the Streets of Santa Ana
After being struck by a vehicle, you are at your most vulnerable. The physical pain is immense, and the stress of dealing with insurance companies can be overwhelming. At Kohan & Bablove Injury Attorneys, we serve as your powerful advocate. Our mission is to level the playing field and ensure that negligent drivers are held accountable for the harm they cause on the streets of Santa Ana.
We Fight to Ensure Your Rights are Respected
Insurance companies often try to minimize claims by unfairly blaming the victim for the crash. We reject these tactics. Our experienced bicycle accident lawyers meticulously build a case that clearly demonstrates the driver’s negligence and upholds your pedestrian and bicycle accident rights. We handle all communications, absorb the pressure from adjusters, and ensure your voice is heard and your side of the story is respected throughout the entire legal process. We are committed to protecting you from intimidation and ensuring the focus remains on the driver’s failure to exercise due care.
Maximizing Compensation for Devastating Injuries
The injuries from a Santa Ana pedestrian accident are often severe, requiring extensive medical treatment and resulting in significant time away from work. Our firm’s primary goal is to secure the maximum compensation for your pedestrian injuries. This means looking beyond the initial emergency room bills. We work to calculate the full cost of your damages, including future medical needs, physical therapy, lost earning capacity, and the profound pain and suffering you have endured. We fight to secure the financial resources you need not just to cover bills, but to rebuild your life with the dignity and support you deserve.
Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.
