Unfortunately, pedestrian accidents are not uncommon in West Hollywood. All too often the news reports on someone who was hit by a car, truck, or motorcycle while walking across the street. In fact, there were 28 crosswalk accidents in West Hollywood in 2012, 22 in 2013, and 18 in 2014. You may even know someone who was injured in a pedestrian accident in Southern California.
The city’s new Crosswalk Safety Plan seeks to improve pedestrian safety on Santa Monica Blvd. with the addition of stoplights, the combining of crosswalks and new bolder visual elements at crosswalks to alert drivers. But both pedestrians and drivers can sometimes be inattentive.
So who really has the right-of-way? In West Hollywood, the answer is quite simple: in most instances, the pedestrian. This article summarizes the laws applicable to pedestrian accidents, and the rights of victims in West Hollywood who have been injured by a vehicle while traveling on-foot.
What does the law say about pedestrians?
The California Vehicle Code states the rules for crossing the street in a crosswalk and outlines when it is permissible for a pedestrian to cross the street outside of a crosswalk, more commonly referred to as “jaywalking.” The law basically states that a pedestrian has the right-of-way when crossing in a marked crosswalk or an unmarked crosswalk at an intersection. When there is no crosswalk, the pedestrian must wait until all vehicles on the roadway have passed that could potentially harm the jaywalker.
Luckily for the residents of West Hollywood, the WeHo division of the Los Angeles County Sheriff’s office has taken a pro-pedestrian position for walkers both in and out of a crosswalk. In West Hollywood, a pedestrian crossing the street in a crosswalk has the right-of-way whether or not the crosswalk is marked. Outside of a crosswalk, a pedestrian who is jaywalking is allowed to cross the street as long as there are no vehicles approaching.
The police just want residents and visitors of West Hollywood to be safe when traveling on foot, including those pedestrians who jaywalk. A representative of the Sheriff’s Department, Lt. David Smith, stated the Department’s interpretation of the code is that it is legal for walkers to cross the road between intersections “as long [as] you’re not making vehicle traffic stop for you.” Lt. Smith went on to say that crossing the street safely outside of a crosswalk is “technically not jaywalking.” That means in West Hollywood the police have decided it is perfectly legal to walk across the street mid-block, outside of a crosswalk, as long as your crossing does not cause a hazard to you. Basically, as long as you don’t jump directly in front of oncoming traffic, you are protected by the law in West Hollywood!
That being said, it is always safer to cross in a crosswalk with the white “walk” signal. Err on the side of caution and use crosswalks and designated crossing areas. Never disobey red signals, and do not jaywalk when there is visible oncoming traffic.
What if I’m hit while walking across the street?
If you or someone you know is struck by a car, truck, or motorcycle while crossing the street, consult with an attorney as soon as possible. But before you are able to meet with a lawyer, there are some things you can do to protect your rights and assist with your case. The most important thing is to get necessary emergency medical care as soon as possible. However, if you or a family member are able, it is extremely helpful for your case to gather as much information as you can about the other vehicle and its driver, including insurance, driver’s license number, and contact information for the driver and/or owner of the vehicle. If the vehicle flees the scene, try to make note of as much helpful information as possible such as the license plate number, car make, model, and color.
After tending to emergency injuries, contact an attorney as soon as you can! An experienced personal injury attorney, like the attorneys in our office, can assist you with getting the best medical care, dealing with the insurance companies, and making sure you are well on your way to receiving compensation for your injuries and damages. If you are injured in a pedestrian accident, you entitled to recover money for your medical care, pain and suffering, time lost from work, lost earnings, and future damages.
If you or someone you know has been injured in a pedestrian accident in California, call Glen Lerner West Hollywood immediately at (323) 999-HELP. With over twenty years of experience handling injury accidents, we can let you focus on healing while we aggressively fight for your rights and assist you in getting the money you deserve for your injuries, pain and suffering. Call now for a free consultation!
DISCLAIMER: This article is for informational purposes only and not for the purpose of providing legal advice. The application of pedestrian laws will vary on a case-by-case basis. You should contact an attorney to obtain advice with respect to a particular issue or problem. The opinions expressed in this article are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
What happened to the City’s plans to improve safety in our crosswalks such as by adding traffic lights, for example, at the intersection of Hancock and Santa Monica Blvd? Is it still “being studied” by our city staff?
the cars have thr right of way….if YOU dont think so? yuu be dead!!!!!
my aston martin? you? aston will win!! so watch before you wok
I’m a resident and pedestrian in WeHo. I’m also a cyclist and a driver. I’m not saying some crosswalks can’t be dangerous, but pedestrians need to start taking some responsibility for their safety too. I’ve lost count of how many times I’ve seen peds start crossing a street before traffic even slows. Whatever happened to “look left right left”? So many people just walk into the street before it is safe to do so. Often times they’re looking down at their phones or talking on them without being alert or aware. Weho pedestrians can help bring some incident numbers down… Read more »