Walking is one of the first things that children learn to do, and it’s also often how they travel to school, to play dates, or to a friend’s house. But being a pedestrian, especially a young one, also carries serious safety risks. California does have laws regarding children who walk near or on roadways, but parents and guardians also have some responsibility to ensure that their children are safe. Let’s look at some of the key rules related to children as pedestrians and the way that parental liability operates in California.
Understanding the Basics
A pedestrian is anyone who is on foot, whether that be on the sidewalk, in a crosswalk, or across a parking lot. Children count as pedestrians as well, and since they’re smaller and less experienced, they’re likely to be injured. The law in California recognizes this and has specific protections in place for young pedestrians.
Drivers need to be on the lookout for pedestrians of all ages. For added safety for children, the speed limit is frequently lower in school zones and residential areas. Pedestrians have the right-of-way when using crosswalks, and drivers are required to stop. But even with these rules, accidents can occur.
Legal Protections for Children
In California, minors are anyone who is under the age of 18. Because of their inexperience, they may not be as aware of traffic laws or how to safely cross the street, and the law offers them some extra protection. Courts know that young kids may not always make the best decisions. For instance, they may dart into the street unexpectedly. So, drivers are supposed to be especially careful when they spot kids nearby.
Parental Responsibility
The law requires parents or guardians to instruct their children in simple pedestrian rules for safety. This means looking first in both directions before crossing, using crosswalks, and knowing the rules of traffic signals. If a parent doesn’t supervise a young child or permits a child to walk in hazardous conditions, he or she may bear some responsibility if something goes awry.
This is what’s known as parental liability, and it makes it possible for a parent to be legally or financially liable for something their child did. For example, if an incredibly young child is left to play near a busy street without supervision and the child is injured, it may be the parent’s fault because the parent did not keep the child safe.
When Parents Are Not at Fault
However, parental liability has limits. The law in California also focuses on the driver and not only on the child. If the driver was speeding, texting, or ran a traffic light, it is probably their fault. If the parent took reasonable steps to instruct the child in how to be safe, and the child obeyed the instructions, then the fault is with the driver.
In addition, California follows a system known as comparative fault, under which responsibility can be divided among parties. A driver could be assigned 80% of the blame and a parent or child would bear the other 20%.
Keeping Kids Safe
Pedestrian accidents are on the rise across California. In 2023, there were 110 pedestrian accidents in the city of Modesto alone. The best way to avoid accidents is to prevent them before they happen. Parents ought to instruct their young ones to:
• Always use crosswalks
• Look drivers in the eye before crossing
• Obey traffic signals
• Always look both ways before you cross the road
Adults should also demonstrate safe walking habits and keep a close eye on younger kids. When kids pick up good habits at an early age, they’re less likely to end up injured.
If an accident does happen, parents or guardians must seek legal help immediately. A good lawyer will interpret all the legalese, explain rights, and ensure fair treatment.