Will the New California Parking Law Reduce Pedestrian Accidents? Insights from an Orange County Pedestrian Accident Lawyer

         

This change comes in response to rising pedestrian accidents in California and longstanding concerns that cars parked at corners create blind spots. The question on many minds is whether this new rule will actually reduce pedestrian accidents and prevent catastrophic injuries.

Below, we’ll break down what AB 413 entails, why visibility at crosswalks is so critical for safety, and how the law might affect liability and legal rights for accident victims. We’ll also discuss how an Orange County pedestrian accident lawyer can help victims seek compensation if they are injured by a driver who violates this law.

Understanding Pedestrian Accidents

Pedestrian accidents are a growing concern in the United States, with thousands of pedestrians injured or killed each year. According to the National Highway Traffic Safety Administration (NHTSA), there were 6,283 pedestrian deaths in the United States in 2018, accounting for 14% of all traffic fatalities. In Orange County, California, pedestrian accidents are a significant concern, with densely populated urban areas being particularly susceptible to rising numbers of incidents.

Pedestrian accidents occur anywhere, but they are more likely to happen in areas with high foot traffic, such as intersections, crosswalks, and sidewalks. The most common causes of pedestrian accidents include:

• Distracted Driving: Drivers who are texting, talking on their phones, or otherwise distracted are more likely to hit pedestrians.

• Speeding: Excessive speed can increase the severity of pedestrian accidents and make them more likely to occur.

• Failure to Yield: Drivers who fail to yield to pedestrians at crosswalks or intersections can cause serious accidents.

• Poor Visibility: Pedestrians who are not visible to drivers, such as those wearing dark clothing at night, are more likely to be hit.

What Is AB 413? California’s New 20-Foot Crosswalk Parking Rule

AB 413, signed into law in October 2023, added section 22500(n) to the California Vehicle Code, making it illegal to stop, stand, or park a vehicle within 20 feet of the approach side of any crosswalk (marked or unmarked) anywhere in California. Here’s what you need to know:

Parking Restrictions: Drivers must leave at least one car-length of space (about 20 feet) before the crosswalk when parking near an intersection. A slightly shorter buffer of 15 feet is set for crosswalks with curb extensions (also known as “bulb-outs”).

Curb Extensions: These are sidewalk bulges at intersections designed to shorten crossing distances and improve sightlines. The law permits a 15-foot no-parking zone instead of 20 feet in these cases.

Applicability: The 20-foot rule applies to both marked and unmarked crosswalks. Every intersection where streets meet at approximately right angles has an “unmarked crosswalk” by law, even if there are no painted lines.

Statewide Enforcement: Prior to AB 413, California lacked a uniform law requiring a parking setback at crosswalks. Some cities like San Francisco and Alameda had local “daylighting” ordinances, but now the rule is statewide and enforceable everywhere.

No Exceptions: Even if curbs aren’t painted red, the restriction still applies. Drivers can be ticketed for parking too close to a crosswalk, even without red curb paint or signs.

“Daylighting” Nickname: The law is nicknamed “Daylighting” because it “brings daylight” to crosswalks by removing visual obstructions.

Implementation: Effective January 1, 2025, law enforcement agencies across California began educating drivers on the change. Jurisdictions can now issue citations to violators.

Objective: The goal is to keep the area around crosswalks clear so that pedestrians and drivers can see each other sooner.

Pedestrian Safety Concerns and The Visibility Problem

Rising Pedestrian Fatalities in California

California’s pedestrian fatalities have surged, with over 1,000 deaths in 2023, marking a rate 25% higher than the national average. Traumatic brain injuries are a significant category of injuries sustained in these accidents, often leading to severe consequences. From 2014 to 2018, pedestrian deaths increased by 26%, highlighting the growing danger for pedestrians due to various factors, including poor visibility at intersections.

The Intersection Visibility Problem

Intersections are particularly hazardous, accounting for about a quarter of all traffic fatalities nationwide. Many incidents occur when drivers fail to see pedestrians due to parked cars blocking their view, a problem known as the “blind corner.” This is especially dangerous for children and wheelchair users who may be hidden behind large vehicles.

Visibility Issues in Pedestrian Accidents

Visibility problems are frequently cited in these types of accident reports. In Orange County alone, drivers failing to yield caused 238 reported accidents in 2021. Often, drivers claim they didn’t see the pedestrian due to obstructions, leading to severe injuries sustained by the pedestrians. While pedestrians can also make risky choices, law-abiding pedestrians are endangered when cars block sightlines.

AB 413’s Solution to Visibility Issues

AB 413 addresses these visibility concerns by mandating a 20-foot no-parking zone at crosswalks. This law aims to keep sightlines clear, allowing pedestrians and drivers to see each other sooner and reducing the need for pedestrians to “inch out” into the road to check for traffic. It ensures that the first 20 feet of crosswalk approaches remain clear, directly targeting a known safety issue.

How AB 413 Improves Safety at Crosswalks

AB 413 enforces a 20-foot no-parking zone at crosswalks to significantly reduce pedestrian accidents by improving visibility. This measure allows drivers and pedestrians to see each other sooner, reducing collision risks. Cities like Hoboken and New York City have successfully implemented similar strategies, leading to decreased traffic fatalities. With clearer sightlines, pedestrians, especially children, can safely navigate crosswalks, and drivers can spot them from a distance.

Daylighting also reduces road stress, creating a safer environment for both walkers and drivers. Although the law alone can’t prevent all accidents, it encourages safer driving habits over time. AB 413 is expected to decrease pedestrian collisions by eliminating blocked visibility and promoting safer driving behavior. Compliance with the law should improve safety, and victims of pedestrian accidents have the right to seek financial compensation for their injuries and damages.

What If a Driver Breaks This Law? Liability for Accidents in Daylighting Zones

Legal Duty and Liability Under AB 413

• Legal Duty: Laws like AB 413 establish a legal duty for drivers. Violating the 20-foot no-parking rule can result in being deemed negligent per se. This law is designed to protect pedestrians by improving visibility.

• Negligence Per Se: In California, breaking a safety law designed to prevent harm indicates liability. For instance, if a driver parks too close to a crosswalk and another driver hits a pedestrian due to the obstructed view, both drivers could be held liable.

• Comparative Negligence Rules: California’s comparative negligence rules allow for multiple parties to be liable for damages. A parked driver might argue they didn’t hit the pedestrian, but parking in a no-parking zone is a safety violation and could make them partly at fault.

• Negligence Per Se Explained: The concept implies that breaking a safety statute meant to protect pedestrians, which results in harm, satisfies both duty and breach. Thus, injured pedestrians (or their families) could pursue a personal injury claim against the parked car’s owner or driver.

Liability and Insurance Implications

• Pre-AB 413 Parking Laws: Even before AB 413, parking against a crosswalk was often illegal. Now, with a specific state law, liability is clearer, and violating CVC 22500(n) is a concrete liability factor.

• Insurance and Police Reports: Insurance companies and police might highlight illegal parking in their reports if an accident occurs, offering victims another way to hold negligent parties accountable.

• Responsibility for Pedestrian Injuries: Multiple parties could be responsible if a pedestrian is injured due to illegal parking. The driver who struck the pedestrian is usually primarily at fault, but another driver ignoring the daylighting law can share the blame.

Protection and Accountability for Pedestrian Accident Victims

• Owner’s Liability: The vehicle’s owner might also be liable, as they are responsible for injuries caused by those driving their car with permission.

• Governmental Claims: In rare cases, if an intersection had a known dangerous design, a claim could be explored against a governmental entity for dangerous public property conditions.

• Reinforced Individual Driver Fault: With AB 413, cities are expected to enforce the law, reinforcing individual driver fault.

• Strengthening Victim’s Case: For pedestrian victims, the new law adds protection both on the street and in court. It aims to prevent accidents, but if one occurs, a driver’s law violation strengthens the victim’s case.

• Consequences for Reckless Drivers: AB 413 warns reckless drivers: park too close, and if someone is hurt, you will be held accountable.

Hiring an accident attorney is crucial for individuals involved in pedestrian accidents to navigate the complexities of personal injury law and secure rightful compensation for your medical expenses, pain and suffering, and lost wages.

Your Rights After a Pedestrian Accident Under AB 413

Enhanced Proof of Negligence

AB 413 doesn’t alter the fundamental rights of pedestrian accident victims to seek compensation from negligent drivers. However, it does simplify proving negligence in accidents involving cars parked too close to intersections. If a vehicle parked within the 20-foot zone contributed to your accident, notify the police and your attorney. Photos or parking citations can be crucial evidence.

Ignorance is No Excuse

Drivers cannot claim ignorance of AB 413 as a defense. The law is part of the vehicle code, and drivers are expected to know and comply with it. Even if a parked car contributed to the accident, drivers must approach intersections cautiously. In complex situations, consulting a lawyer is essential to navigate liability issues.

Comparative Negligence in California

California follows pure comparative negligence, meaning pedestrian compensation can be reduced if they are partially at fault. However, pedestrians with the right of way are generally not at fault. Pedestrian accident victims should pursue justice, as the law supports their rights when drivers breach their duties.

Legal Support for Pedestrian Victims

Drivers must yield to pedestrians in crosswalks and park safely away from them. If these duties are breached, pedestrians have the right to pursue a pedestrian accident claim. A lawyer can help navigate these complexities and ensure you receive fair compensation for your injuries and losses.

Seeking Compensation and How an Orange County Pedestrian Accident Attorney Can Help

Pedestrian accidents can lead to severe injuries and complicated insurance issues. With the new parking law, having a pedestrian accident attorney is crucial. They will gather evidence and highlight legal violations to negotiate with insurers or build a strong court case.

In Orange County, where pedestrian accidents are common, local legal expertise is key. An attorney ensures full compensation for medical expenses, lost wages, and emotional distress. Legal representation often results in better outcomes, utilizing laws like AB 413 for favorable settlements or jury presentations.

Focus on recovery after an accident. Seek medical care, report the incident, and consult a lawyer to strengthen your case. AB 413 aims to improve intersection safety and reduce accidents. If injured by a negligent driver, seek justice with our Orange County pedestrian accident attorneys. RMD Law is informed on new laws to benefit clients. Contact us or call (949) 828-0015 for a free consultation, especially for crosswalk visibility issues