Setareh Law
February 19, 2025
California’s right-of-way laws determine who may proceed first in different traffic situations. These laws directly impact liability and compensation in personal injury cases. Knowing how these rules apply can help strengthen claims and protect legal rights after an accident.
At Setareh Law, we help clients understand how right-of-way laws affect personal injury cases. A clear grasp of these rules helps establish fault, negotiate with insurance companies, and pursue fair compensation. Our team works to build strong cases for those injured by drivers who fail to yield.
California’s Right-of-Way Laws
State laws regulate right-of-way in many traffic situations to improve safety and prevent accidents. Pedestrians always have priority in marked crosswalks, and drivers must stop to allow them to cross. Drivers also have responsibilities at intersections, four-way stops, and when merging onto roadways.
At a four-way stop, the first vehicle to arrive moves forward first. If two vehicles arrive at the same time, the driver on the right proceeds.
How Right-of-Way Laws Apply in Personal Injury Cases
Right-of-way violations often establish fault in personal injury cases. If a driver fails to yield and causes an accident, they may bear legal responsibility for any injuries. For example, striking a pedestrian in a crosswalk often leads to driver liability. Evidence such as traffic camera footage and witness statements strengthens claims.
Insurance companies examine right-of-way violations when negotiating settlements. A clear violation strengthens an injured person’s claim by proving the other party acted negligently. Collecting evidence at the scene, including police reports, can support claims and increase the chances of receiving compensation.
Pedestrian Rights and Responsibilities in California
State laws protect pedestrians but also require them to follow certain rules. Pedestrians have the right to cross at marked crosswalks, and drivers must stop to yield to them. However, stepping into traffic suddenly or crossing illegally can affect liability in an accident, as courts consider both pedestrian and driver behavior when determining fault.
Fault Determination in Right-of-Way Accidents
California follows a comparative negligence system, meaning multiple parties may share fault in an accident. If a driver fails to yield and causes a crash, they may bear most of the blame unless they prove otherwise. Right-of-way laws help courts and insurance companies determine fault.
Fault does not always fall entirely on one person. In California, this could affect the overall amount of compensation that you can collect due to comparative negligence. Gathering witness statements, traffic camera footage, and police reports helps clarify what happened and influences settlement amounts.
Potential Defenses Against Right-of-Way Violations
Drivers accused of right-of-way violations may argue that the injured party shares fault. If a pedestrian entered the street without warning, the driver may claim they had no chance to stop. Courts consider these factors when assigning liability.
Some drivers use evidence such as dashcam footage or eyewitness testimony to prove they followed the law. If a driver can show they acted responsibly, they may reduce their share of liability. Strong evidence helps both plaintiffs and defendants in personal injury cases.
Work With a Personal Injury Lawyer at Setareh Law
Legal representation helps those involved in personal injury cases related to right-of-way violations. A lawyer can explain your legal rights, gather evidence, and build a strong case in your favor. Support from an attorney increases the likelihood of a successful claim.
At Saterah Law, we help clients understand how right-of-way laws affect their cases. Our team will review accident details, collect evidence, and negotiate with insurance companies. Call our team at Setareh Law at (310) 659-1826 or by filling out our contact form.
