In California we’re seeing a lot of rapid changes in
transportation. We’re a state that’s been shaped by personal vehicles, and automobiles
still play a large role on our roads, but we’re seeing a transformation in
terms of public transportation, ride share and even driverless technology. All
of this creates new challenges for California citizens and authorities, not the
least of which is regarding safety. As
the transportation landscape changes and more Californians are exploring
alternatives to their personal vehicles, it’s important to take a look at
pedestrian safety – what we’re seeing from law enforcement and transportation
authorities and what rights and responsibilities pedestrians should be aware
of.
It’s important to note that California has the highest
rate of pedestrian deaths, a number that went up from 2013 to 2014. Although
it’s not easy to specify one or two reasons that explain the rising number of
pedestrian fatalities, we do know that following the rules of the road is an extremely
important factor when it comes to reducing death and injury. This is evidenced
by the fact that, according to the above-linked article, speed was a determining
factor in whether a pedestrian would be fatally wounded in the collison.
Some communities are taking steps to address the high
numbers of accidents and deaths involving pedestrians in California. This
Friday in Thousand Oaks, expect the Ventura County Sheriff’s department to
increase enforcement of road and moving violations in an effort to curtail pedestrian
injuries. Highlighting the importance of safe and legal driving, as well as
walking or bike-riding, law
enforcement in this area will be closely monitoring drivers who disobey traffic
laws by speeding, failing to stop and turn where required as well as
pedestrians whose actions are dangerous and possibily illegal. Similar efforts
are taking place in Santa Barbara, where more
officers are patrolling in high-risk areas and taking increased measures to
crack down on all traffic violations.
What responsibilities fall on the pedestrian? The California
Vehicle Code (“CVC”) puts the onus on the driver to take appropriate steps to
ensure the safety of pedestrians, but CVC Section 21950 (b) also states:
“This section
does not relieve a pedestrian from the duty of using due care for his or her
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.”
Therefore, pedestrian behavior
relative to areas where vehicles are tavelling can also be unlawful.
As noted above, while we know
that traffic offenses could contribute to pedestrian injuries and fatalities,
we don’t always know what more can be done to tak effective safety measures. Authorities
are taking steps to address the underlying issues, particularly where there is
a markedly high number of fatalities. Law enforcement agenices in San Diego
were recently the recipients of a large grant from the California Office of
Traffic Safety. According to a statement
made by a law enforcement officer in this San Diego Union-Tribune article, some
of the grant funds could
go towards a program that will help pinpoint the geographic areas where a
majority of accidents take place, and then discover what makes these spots so
dangerous for pedestrians and bicyclists.
In addition to law enforcement agencies, pedestrian safety
and accident reduction can naturally also be address with engineering projects.
In Los Angeles areas with a high amount of pedestrian traffic we may find what
are known as scramble crossings, such as the nearly
dozen new ones expected to appear in Santa Monica this spring. Scramble crosswalks,
also known as pedestrian
scrambles, facilitate pedestrians to cross intersections diagonolly in
addition to the standard crosswalks which form right angles. Urban planners and
engineers could pivot more towards pedestrian-friendly projects such as these
to accommodate rising modes of alternative transporation.
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