Pedestrian Accidents in Fog: Understanding California Visibility Laws and Your Legal Rights

California Vehicle Code Section 22350, known as the Basic Speed Law, requires drivers to operate their vehicles at a speed that is reasonable and prudent given current conditions. This law specifically applies to weather conditions like fog, rain, and darkness. Even if a driver is traveling at or below the posted speed limit, they can be found negligent if their speed was unsafe for the foggy conditions present at the time of the accident.

The law places the burden squarely on drivers to adjust their behavior when visibility is reduced. In fog conditions, this means reducing speed significantly, using low-beam headlights (not high beams, which reflect off fog and reduce visibility further), and maintaining increased following distances. When a driver strikes a pedestrian in foggy conditions, the Basic Speed Law becomes a critical element in establishing liability, as it demonstrates the driver's failure to adapt to hazardous weather.

Courts have consistently held that fog does not excuse drivers from their duty of care. In fact, the presence of fog heightens a driver's responsibility to exercise caution. If you were struck by a vehicle in foggy conditions, your pedestrian accident attorney will use the Basic Speed Law to demonstrate that the driver should have been traveling slower and more carefully, regardless of the posted speed limit.

California law imposes several specific duties on drivers when operating vehicles in fog or other low-visibility conditions. Vehicle Code Section 24400 requires drivers to use headlights from sunset to sunrise and during any time when visibility is reduced to less than 1,000 feet. Additionally, drivers must use windshield wipers when it's raining or foggy, and they must ensure their windshields are clear of obstructions that could further impair visibility.

Beyond these equipment requirements, drivers have a common-law duty to maintain a proper lookout for pedestrians, especially in areas where pedestrians are likely to be present, such as crosswalks, intersections, residential neighborhoods, and near schools. In foggy conditions, this duty requires drivers to be even more vigilant, scanning constantly for pedestrians who may be difficult to see.

When drivers fail to meet these obligations and strike a pedestrian, they can be held liable for negligence. Your attorney will investigate whether the driver had their headlights on, whether they were using appropriate fog lights, whether their windshield was clear, and whether they were maintaining a proper lookout. Evidence from the accident scene, witness statements, and the driver's own admissions can all be used to establish that they violated their legal duties in foggy conditions.

Fog-related pedestrian accidents typically occur due to a combination of reduced visibility and driver error. The most common cause is excessive speed for conditions—drivers who fail to slow down appropriately for fog cannot stop in time when a pedestrian appears in their path. This is particularly dangerous in areas with heavy pedestrian traffic, such as downtown districts, shopping centers, and residential areas where people may be crossing streets or walking along roadways.

Another frequent cause is driver distraction. When visibility is already compromised by fog, even a momentary glance at a phone, navigation system, or passenger can result in a driver completely missing a pedestrian in their path. Distracted driving in fog conditions is especially negligent because drivers need to be even more focused than usual to spot hazards in time to react.

Improper use of headlights also contributes to many fog accidents. Drivers who use high beams in fog actually reduce their visibility because the light reflects off water droplets in the air, creating a glare that makes it harder to see. Similarly, drivers who fail to turn on their headlights at all in foggy conditions are nearly invisible to other drivers and pedestrians, increasing the risk of accidents. If you were hit by a driver who was using high beams or no lights in fog, this evidence can strengthen your personal injury claim.

Liability in fog-related pedestrian accidents is determined by analyzing whether the driver exercised reasonable care given the conditions. California follows a comparative negligence system, meaning that even if a pedestrian shares some fault for the accident, they can still recover damages reduced by their percentage of fault. However, in most fog accidents, the primary liability rests with the driver who failed to adjust their driving to the hazardous conditions.

Key factors in determining liability include the driver's speed at the time of impact, whether they had adequate lighting, whether they were distracted, and whether they took evasive action when they saw (or should have seen) the pedestrian. Accident reconstruction experts can analyze skid marks, vehicle damage, and the point of impact to determine how fast the driver was traveling and whether they had time to stop if they had been driving at an appropriate speed for the fog.

Insurance companies often try to argue that pedestrians share fault in fog accidents by claiming the pedestrian was wearing dark clothing, jaywalking, or otherwise making themselves difficult to see. While pedestrians do have a duty to exercise reasonable care for their own safety, California law recognizes that drivers have the superior ability to avoid accidents and must bear the primary responsibility for watching for pedestrians, especially in hazardous conditions. Your pedestrian accident lawyer will counter these arguments by demonstrating that the driver's negligence was the primary cause of the accident.

Collecting evidence immediately after a fog-related pedestrian accident is crucial for building a strong case. If you are physically able, take photographs of the accident scene, including the foggy conditions, the position of vehicles, any skid marks, traffic signals, crosswalks, and the surrounding area. These photos can document the visibility conditions at the time of the accident and show where the collision occurred.

Weather data is particularly important in fog cases. Your attorney will obtain official weather reports from the National Weather Service or local airports that document the visibility levels at the time of your accident. This data can prove that fog was present and that a reasonable driver should have been aware of the hazardous conditions and adjusted their driving accordingly. In some cases, traffic cameras or surveillance footage from nearby businesses may have captured the foggy conditions and the accident itself.

Witness statements are also valuable, especially from people who were driving in the area at the time and can testify about the fog conditions and how other drivers were responding. If witnesses saw the driver who hit you traveling at excessive speed, using high beams, or driving recklessly despite the fog, their testimony can be powerful evidence of negligence. Your attorney will also obtain the police report, which should document the weather conditions and the officer's observations about visibility at the scene.

Pedestrian accidents in foggy conditions often result in severe injuries because drivers may be traveling at higher speeds than they should be, and they typically don't see the pedestrian until impact, meaning they don't brake or swerve to reduce the force of the collision. Common injuries include traumatic brain injuries, which can occur when a pedestrian's head strikes the vehicle's hood, windshield, or the pavement after being thrown by the impact.

Spinal cord injuries are also common in high-speed pedestrian accidents, potentially resulting in partial or complete paralysis. The force of a vehicle striking a pedestrian can cause vertebrae to fracture or dislocate, damaging the delicate spinal cord. These injuries often require extensive medical treatment, including surgery, rehabilitation, and long-term care, resulting in substantial medical expenses and lost income.

Other frequent injuries include broken bones and fractures, particularly to the legs, pelvis, ribs, and arms as pedestrians instinctively try to protect themselves. Internal organ damage, including injuries to the liver, spleen, kidneys, and lungs, can be life-threatening and may not be immediately apparent after the accident. Soft tissue injuries, including severe lacerations, road rash, and muscle damage, are also common. The severity of these injuries often depends on the speed of the vehicle and whether the driver attempted to brake before impact.

Insurance companies frequently employ specific tactics to minimize payouts in fog-related pedestrian accident claims. One common strategy is to argue that the fog was an unforeseeable 'act of God' that absolves the driver of responsibility. This argument is legally flawed—California law clearly requires drivers to adjust their behavior for weather conditions, and fog is a common and foreseeable hazard in many parts of the state, particularly during certain seasons.

Another tactic is to claim that the pedestrian was contributorily negligent by wearing dark clothing, crossing outside a crosswalk, or otherwise making themselves difficult to see in the fog. While comparative negligence can reduce a pedestrian's recovery, it rarely eliminates it entirely. Your attorney will argue that regardless of what the pedestrian was wearing or where they were crossing, the driver had a duty to operate their vehicle at a safe speed for the conditions and to maintain a proper lookout.

Insurance adjusters may also pressure you to give a recorded statement shortly after the accident, hoping to catch you saying something that can be used against you, such as admitting you didn't see the vehicle coming or that you were in a hurry. Never give a recorded statement to the at-fault driver's insurance company without first consulting with a personal injury attorney. Anything you say can be taken out of context and used to devalue or deny your claim.

Victims of fog-related pedestrian accidents may be entitled to substantial compensation for their injuries and losses. Economic damages include all medical expenses, both past and future, related to your injuries. This encompasses emergency room treatment, hospitalization, surgery, physical therapy, prescription medications, medical equipment, and any ongoing care you'll need. In cases involving catastrophic injuries, future medical costs can amount to millions of dollars over a lifetime.

Lost wages and loss of earning capacity are also recoverable. If your injuries prevented you from working, you can claim compensation for the income you lost during your recovery. If your injuries are permanent and prevent you from returning to your previous occupation or reduce your ability to earn income in the future, you can claim compensation for this diminished earning capacity. Economic experts can calculate the present value of your lost future earnings based on your age, occupation, education, and career trajectory.

Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability. These damages recognize that your injuries have affected your quality of life beyond just financial losses. In cases involving particularly egregious conduct, such as a driver who was driving under the influence in foggy conditions, punitive damages may also be available to punish the defendant and deter similar conduct.

In California, you generally have two years from the date of the pedestrian accident to file a personal injury lawsuit. This deadline, known as the statute of limitations, is strictly enforced by the courts. If you fail to file your lawsuit within this two-year window, you will likely lose your right to seek compensation for your injuries, regardless of how strong your case may be or how severe your injuries are.

There are limited exceptions to the two-year rule. If the accident involved a government entity—such as a city bus, county vehicle, or state highway maintenance vehicle—you must file a government claim within six months of the accident before you can file a lawsuit. If the injured person is a minor (under 18), the statute of limitations is generally tolled until they turn 18, at which point they have two years to file. If the defendant left the state after the accident, the time they were absent may not count toward the two-year limit.

Given these strict deadlines and the complexity of fog-related pedestrian accident cases, it's crucial to consult with an experienced attorney as soon as possible after your accident. Early involvement of an attorney ensures that evidence is preserved, witnesses are interviewed while their memories are fresh, and your claim is filed within all applicable deadlines. Waiting too long can result in lost evidence, faded memories, and ultimately, a lost opportunity for compensation.

Fog-related pedestrian accident cases present unique challenges that require the expertise of an experienced attorney. These cases often involve complex questions about weather conditions, visibility, and whether the driver exercised reasonable care given the circumstances. Your attorney will work with accident reconstruction experts who can analyze the scene, weather data, and physical evidence to determine exactly what happened and who was at fault.

An experienced attorney also knows how to counter the insurance company's tactics and arguments. When insurers claim that fog was an unforeseeable act of God or that you were contributorily negligent, your attorney will present evidence and legal arguments demonstrating that the driver violated California's Basic Speed Law and failed to exercise reasonable care. Your attorney will also handle all communications with the insurance company, protecting you from making statements that could harm your case.

Perhaps most importantly, an attorney can accurately value your claim to ensure you receive full compensation for all your losses. Insurance companies often make lowball settlement offers that don't account for future medical expenses, long-term disability, or the full extent of your pain and suffering. Your attorney will calculate the true value of your case, including all economic and non-economic damages, and will negotiate aggressively or take your case to trial if necessary to secure the compensation you deserve. At Hurt Advice, our pedestrian accident attorneys have extensive experience handling fog-related accident cases and are committed to fighting for maximum compensation for our clients.

If you're involved in a pedestrian accident in foggy conditions, your first priority should be your health and safety. Call 911 immediately to report the accident and request medical assistance. Even if you don't think you're seriously injured, you should be evaluated by medical professionals—some injuries, particularly internal injuries and traumatic brain injuries, may not be immediately apparent but can be life-threatening if left untreated.

If you're physically able, gather information at the scene. Get the driver's name, contact information, driver's license number, insurance information, and vehicle license plate number. Take photos of the accident scene, including the foggy conditions, vehicle positions, any visible injuries, and the surrounding area. If there are witnesses, get their contact information as well. However, do not apologize or make any statements about fault—simply exchange information and let the police document the accident.

After receiving medical treatment, contact an experienced pedestrian accident attorney in California as soon as possible. Your attorney will begin investigating your case immediately, preserving evidence, obtaining weather reports, interviewing witnesses, and building a strong case for compensation. Most pedestrian accident attorneys, including those at Hurt Advice, work on a contingency fee basis, meaning you don't pay any attorney fees unless they recover compensation for you. This allows you to access experienced legal representation without any upfront costs.

While drivers bear the primary responsibility for preventing fog-related pedestrian accidents, pedestrians can take steps to increase their visibility and safety in foggy conditions. Wearing bright or reflective clothing can make you more visible to drivers, especially during dawn, dusk, or nighttime hours when fog is often heaviest. Carrying a flashlight or using the flashlight on your phone can also help drivers see you from a greater distance.

When crossing streets in foggy conditions, use marked crosswalks whenever possible and make eye contact with drivers before stepping into the roadway. Even if you have the right of way, it's important to ensure that drivers see you before you cross. Avoid crossing between parked cars or in areas with limited visibility. If you're walking along a roadway without a sidewalk, walk facing traffic so you can see oncoming vehicles and they can see you.

From a policy perspective, California communities can reduce fog-related pedestrian accidents by improving street lighting in areas prone to fog, installing flashing pedestrian crossing signs, and conducting public education campaigns about the dangers of driving in fog. Enhanced enforcement of speed limits and the Basic Speed Law in foggy conditions can also deter dangerous driving behavior. If you've been injured in a fog-related pedestrian accident, your case not only seeks compensation for your injuries but also sends a message that drivers must be held accountable for failing to adjust their driving to hazardous weather conditions.