Failure to Yield to Pedestrian While Following Primary Vehicle That Failed to Yield

[gmichaels]

My question involves a traffic ticket from the state of: California.

I was ticketed for failing to yield to a pedestrian in the crosswalk because a vehicle in front of me failed to yield to him first. As the car in front of me slowed because of an ignoramus pedestrian who walked into oncoming traffic at the rate of 25 mph, I came closer to the first vehicle and was prevented from seeing the pedestrian. As the pedestrian stepped into the crosswalk and then stopped as he yielded to the first car, he also yielded to me. Nonetheless, the pedestrian was still in the crosswalk as I drove through the crosswalk. I believe the pedestrian was the cause of the violation. Both the primary vehicle and mine were pulled over and cited for failure to yield.

I feel I was wrongfully given the ticket since the first car and the pedestrian were the cause of the ticket. Are there any California statutes that state only the primary car can be considered guilty of the violation of failure to yield to a pedestrian? I believe the facts alleged on the ticket indicate the pedestrian was at fault for my ticket since he failed to exercise due care as he stood in the crosswalk as the flow of traffic failed to yield to him. Is this fact stated by the police officer on the ticket sufficient to exonerate me from guilt?

Is this case worth attempting to defend in court as a pro se defendant? Am I likely to win? Please state statutory and common law authority in your response.

[cdwjava]

It is not a valid defense to say, "He did it, too."

You can always try to argue that you followed the vehicle in front of you so closely as to be unsafe, but I doubt that will do you any real favors.

But, you have nothing to lose by taking it to trial and hoping the judge is sympathetic. Though you might lose the chance at traffic school if you go to trial, so that is a risk you will have to weigh.