Who is at fault if I walk behind a vehicle that is baking out of a parking space and it hits me?

Question

When I was in elementary school, cops would give us traffic safety lessons once yearly. One thing I remember is that it is unsafe to walk or ride your bike behind a vehicle that is backing up. Now it seems almost everyone does it AND they get mad at the driver if they don't see them! And they are teaching their children this behavior. Won't it be a great lesson for the driver if you have to bury your child? Is there a law regarding this situation? Do pedestrians ALWAYS have the right of way?

Answer 1

There is a myth embraced by the stupider among us that goes something like this: "Pedestrians always have the right of way". If you check your local DMV codes, you will find that this myth is certainly not true. If you drive through the parking lot of your local Wal Mart, you will find an assortment of lowlife peds who firmly believe that they have the right of way, no matter what. To protect themselves from the error of their judgment, they often send their three-year-olds out into traffic first to make sure that the car that is coming will stop for them. Here's just one of several excerpts from the California Vehicle Code that outlines for the stupider among us exactly what it means to be a smart pedestrian:

21954. (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

What this means for the above-mentioned "stupider among us" is that if you are a pedestrian, and you expect to be granted the right-of-way to a motor vehicle, your azz had better be in either a marked or understood crosswalk or you are what is called a "target". It also says that drivers are required to think for the stupider among us so we don't inflict injury upon them because of their stupidity. There are several more references to pedestrian responsibility and how it relates to motor vehicle safety that can be found at your local Department of Motor Vehicles, but I swear to God if you need tutoring on such a thing, well perhaps you need to go back to first grade. That's where I learned this stuff. If you really want to challenge cars with your body or your children, copy and paste the following epitaph and email it to your local headstone maker so he won't have to guess:

"Here lies (your name here), who insisted he had the right of way."

Answer 2

No, pedestrians do not always have the right of way. Anyone who insists that this myth is true has not read the law.

But as far as walking behind a vehicle that is backing out of a parking space, both parties are at fault, with the driver bearing most of the blame for not watching where he is going. The pedestrian gets part of the blame for being clueless.

Answer 3

Everyone, pedestrian and driver alike, is required to exercise due care. It is in our lawbooks. Pedestrians do not always have the right of way. Walking behind a moving vehicle is stupid. At least that's what my parents taught me. Along with look both ways before crossing the street, and use the crosswalk, etc., etc.

Looks like Walker's Ed is teaching the same nothings as Driver's Ed, huh?

Answer 4

the driver should always be careful and look for pedestrians. Drivers should always yield the right-of-way to pedestrians because the safety of the pedestrian is at stake. When you think about it, a vehicle that weighs tons versus a human being. I'd say the driver was negligent and should have been more careful if they hit a pedestrian and if serious enough, a lawsuit is possible.

Answer 5

This has happened to me so many times.I'm already backing out of a spot and someone walking will try to beat me and walk right behind my vehicle while it is moving.Irritates me beyond belief.Are people really that stupid that they walk behind a moving vehicle?I am probably the slowest backer in the world,so I am always able to stop,but come on.I of course check for pedestrians before starting to back out,seems they come out of nowhere.Pedestrians have to have a little common sense too.Must be the "me first" attitude in this country.

Answer 6

in most cases, the driver backing up would ultimately be at fault. pedestrian will always have the right of way, no matter what, whether they do it on accident, or on purpose. as a driver, you have to really look for oncoming cars and pedestrian that are passing by. eventhough kids are being taught traffic safety lessons, most of them just dont really care, or know better.

Answer 7

California law doesn't state who HAS the right-of-way; instead, it states who must YIELD the right-of-way. And, yes, technically, the driver must always yield to a pedestrian. On the other hand, the right-of-way law does not give you license to be foolish and walk behind a moving car that is backing out. That is plain dumb!

Answer 8

It is the responsibility of the person backing up to stop for anybody walking behind their vehicle, however I have no sympathy for any kids over the age of 10 who do so and get hit. As far as I'm concerned, it's mother nature weeding out the stupid people.

Answer 9

I believe that pedestrians ALMOST ALWAYS have the right of way. Logically, a motorized vehicle or for that matter any vehicle or conveyance has more "power" to cause harm to a pedestrian. Of course their are exceptions to everything.

Answer 10

the driver ultimate ly is at fault .but who cares when you are on the ground with a broken leg so better watch out for yourself ,so its unsafe