--- title: Who Is Liable When a Pedestrian Is Hit in a Crosswalk in California? canonical: "https://www.calljacob.com/blog/who-is-liable-when-a-pedestrian-is-hit-in-a-crosswalk-in-california/" description: Find out how liability works when a pedestrian is hit in a crosswalk in California. Learn how crosswalk laws affect a pedestrian accident case. --- When a pedestrian is hit in a crosswalk in California, determining liability is rarely as simple as most people expect. Fault often depends on traffic signals, signage, and the specific movements of both the driver and the person crossing. Untangling crosswalk accident liability in California means looking closely at the moments before impact, not just at the impact itself. ## Who Is Usually Liable When a Pedestrian Is Hit in a Crosswalk? Determining fault when a pedestrian is hit in a crosswalk starts with California traffic law. Drivers must yield to pedestrians crossing within a marked or qualifying unmarked crosswalk, subject to the pedestrian's own duties. Investigators may also consider traffic signals, driver speed, visibility, and whether the pedestrian was following the applicable signal. ## Do Pedestrians Always Have the Right-of-Way in California? California law is often misunderstood as giving pedestrians an unconditional right-of-way, but that isn't quite true. Relevant California crosswalk laws include the following: - [California Vehicle Code § 21950](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21950.) states that right-of-way applies to pedestrians crossing in marked and unmarked crosswalks at intersections, and drivers must yield and use due care for pedestrian safety. - [California Vehicle Code § 275](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=275.) defines what constitutes a marked or unmarked crosswalk. - [California Vehicle Code § 21456](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21456.) establishes rules for pedestrian-control signals, including WALK, flashing DON'T WALK or WAIT, and steady DON'T WALK or WAIT signals. Pedestrians do not always have the right-of-way in California. A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles close enough to pose an immediate hazard. A pedestrian who crosses against a pedestrian signal may also have a duty that affects fault. If you're unsure how these rules apply, consult a Los Angeles [pedestrian accident lawyer](/pedestrian-accident-lawyer-los-angeles/) to review the specific intersection and signal timing involved. ## What Is the Difference Between a Marked and Unmarked Crosswalk? Pedestrian right-of-way in California starts with understanding that two types of crossings exist, and the distinction surprises many drivers and pedestrians. A marked crosswalk is clearly indicated by lines or other markings on the roadway, while an unmarked crosswalk generally exists at an intersection where sidewalk boundary lines extend or connect across the roadway. If a pedestrian is hit in an unmarked crosswalk, the same basic right-of-way provision applies. California drivers must yield to pedestrians crossing within marked or unmarked crosswalks at intersections. Because an unmarked crosswalk may not have visible pavement markings, photographs, diagrams, witness statements, and available video can help establish how the collision occurred. ## What Responsibilities Do Drivers Have at California Crosswalks? A driver approaching a pedestrian in a crosswalk must exercise due care and, when necessary, reduce speed or take other actions to protect the pedestrian. Drivers turning through an intersection must also follow applicable California pedestrian right-of-way and signal rules. When a driver hits a pedestrian in a crosswalk after failing to yield, running a red light, or rolling through a stop sign, that conduct can become important evidence of fault. ## Can a Pedestrian Be Partially Responsible for a Crosswalk Accident? Someone on foot may be partially responsible for a pedestrian accident when their conduct violates a legal duty and contributes to the collision, such as crossing against a pedestrian signal. Distraction may also affect fault, as it can in [California bicycle accident cases](/blog/bicycle-accident-laws-in-california-what-every-cyclist-should-know/). ## How Does California's Comparative Negligence Rule Affect a Pedestrian Claim? California follows a pure comparative negligence system, so a pedestrian can still recover damages even if they share some responsibility for the accident. Courts generally reduce damages in proportion to the pedestrian's percentage of fault. A pedestrian accident claim in California should account for how fault may be divided between the parties. ## What If a Pedestrian Is Hit While a Driver Is Turning? Turning movements can create pedestrian collision risks at busy Los Angeles intersections because drivers must account for both traffic and pedestrians. Glare from the sun, darkness, weather, or obstructed visibility can also affect visibility. A driver who turns without yielding to a pedestrian who has the right-of-way may be found negligent based on the circumstances and available evidence. ## What Evidence Helps Determine Fault in a Crosswalk Accident? Evidence that may help establish fault in a Los Angeles pedestrian case includes: - Traffic signal timing records and intersection camera footage. - Witness statements from bystanders or nearby business owners. - Police reports noting citations or signal violations. - Vehicle data such as speed and braking information. - Photos of skid marks, debris, and crosswalk markings. ## What If the Driver Leaves the Scene? Hit-and-run collisions add another layer of difficulty because the injured pedestrian may need to identify the responsible driver. California requires drivers to stop after collisions involving injury, and leaving the scene can result in criminal and civil consequences. Depending on the circumstances and insurance policy, an injured pedestrian may also have an uninsured-motorist claim if the driver is unidentified. ## What Compensation May Be Available After a Pedestrian Crosswalk Accident? Compensation after a pedestrian accident may include medical bills, lost income, and pain and suffering. The value of a pedestrian accident claim can depend on the severity and duration of injuries, medical expenses, lost income, future losses, evidence establishing liability, and any [extenuating circumstances](/blog/how-extenuating-circumstances-can-affect-a-california-settlement/). Long-term injuries may increase damages sought when they require continuing medical treatment, limit daily activities, or affect future earning capacity. ## What Should You Do After Being Hit in a Crosswalk? After a crosswalk accident, an injured pedestrian should report the collision, seek appropriate medical attention, and, when safely possible, document the scene, crosswalk signal, vehicle, and visible injuries. Getting the driver's information and witness contact details can also help preserve evidence for the claim. ## When Should You Contact a Los Angeles Pedestrian Accident Lawyer? Anyone dealing with a serious injury, disputed fault, or an insurance dispute should contact a Los Angeles crosswalk accident lawyer as soon as possible. A pedestrian injured by another party's negligence may have a personal injury claim, depending on the facts, evidence, damages, and applicable law. Acting promptly can also make it easier to preserve surveillance footage, witness accounts, vehicle data, and other evidence. ## Don't Face Crosswalk Accident Liability Alone Getting hit in a crosswalk can turn a routine walk into a life-altering event. The Law Offices of Jacob Emrani represents pedestrian accident victims throughout Los Angeles and the surrounding communities. If you or someone close to you was hurt while crossing the street, [contact us](/contact-us/) to talk through your options.