There are times when pedestrians must yield the right-of-way to drivers and other times when drivers must yield to pedestrians. However, drivers are always required to act to avoid collisions with those on foot. This is expected even if a pedestrian is crossing the road outside a crosswalk or without a “walk” signal.
California Vehicle Code for Pedestrians at Intersections
Many Fremont intersections are equipped with lane markings and “Walk/Don’t Walk” signs. But some of these intersections get very busy during the rush hours through Fremont. Devastating accidents still occur.
Fremont Boulevard’s intersections with streets like Walnut Avenue and Country Drive are always busy spots for vehicles and those traveling on foot. When drivers approach these crosswalks, they must slow down upon seeing any pedestrian in the crosswalk or stepping into the crosswalk.
Pedestrians are supposed to stop when a pedestrian sign flashes “Don’t Walk,” but drivers must still slow down and be ready to stop for walkers who aren’t crossing when they should.
This extra responsibility is due to the extreme vulnerability of pedestrians when compared to fast-moving, heavy vehicles.
California Vehicle Codes explain the duties of pedestrians and motorists at intersections:
(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for their safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
In the vehicle code text above, pedestrians are asked not to step out suddenly in front of a moving vehicle when there won’t be time or space for the driver to easily brake and stop. This section of the code goes on to state that pedestrians must still act for their own safety, and drivers must act to keep pedestrians safe, no matter the circumstances.
Included in these duties for drivers is the care needed in school zones. Crosswalks in Fremont school zones may be yellow. Extra caution must be shown here because many pedestrians will be children, and they’ll be smaller and harder to see. Their smaller bodies will also suffer much more harm in an impact.
The Right-of-Way for Disabled Pedestrians in Fremont
Drivers also have more expected of them when disabled pedestrians are trying to cross an intersection.
Disabled pedestrians may move much slower than other walkers. They may rely on wheelchairs, scooters, or knee scooters to get across the street. Drivers should be prepared to wait longer, and even remain stopped if a light turns green but a pedestrian is still in the lane.
The same extra care should be extended to blind pedestrians. California Vehicle Code 21963. states that drivers should monitor for pedestrians approaching with predominantly white sticks or a guide dog and slow down. Motorists shouldn’t stop on the crosswalk because blind walkers won’t be able to tell a vehicle is pulled out too far. When a blind pedestrian pulls a walking stick to their chest, it’s usually a signal that they are stopping and will allow vehicles to proceed.
Drivers can be charged with a misdemeanor for hitting a blind pedestrian and even face jail time.
Talk Over Your Case With a Fremont Pedestrian Accident Attorney for Free!
If you suffered a serious injury in a pedestrian accident and a careless driver was to blame, a lawyer may be able to help you earn much more in an accident claim than you could earn for yourself. Contact Maison Law Accident & Injury Lawyers of Fremont to schedule a free, confidential consultation with a real Fremont pedestrian accident lawyer. We want to hear what happened to you.
Keep in mind that you don’t have any savings to afford powerful legal representation. If you need our help earning what’s fair, we don’t get paid unless we win your case for you. Then our pay comes out of the settlement check the at-fault driver’s car insurer must pay you.