Crosswalk Accidents: Understanding Pedestrian Rights

Crosswalks are meant to provide pedestrians with a designated place to cross the road, but they do not eliminate the risk of an accident. A pedestrian may be struck by a vehicle when a driver fails to yield, turns through a crosswalk without checking for people, becomes distracted, or travels too fast for surrounding conditions. California law establishes responsibilities for both motorists and pedestrians when using crosswalks. Understanding these rules may help an injured pedestrian determine what happened, what evidence may be relevant, and what legal options may be available after a crosswalk accident.

Which Party has to Yield

Drivers approaching a crosswalk should remain alert and exercise appropriate care. A motorist may create a dangerous situation by failing to notice a pedestrian who has entered the crosswalk or by attempting to pass through before the pedestrian has safely cleared the vehicle's path. Common driver behaviors that may contribute to crosswalk accidents include, but are not limited to, the following. 

• Failing to yield to a pedestrian
• Distracted driving
• Speeding or traveling too fast for conditions
• Turning without checking the crosswalk
• Running a red light or stop sign
• Driving while impaired
• Failing to see a pedestrian at night
• Passing another vehicle stopped near a crosswalk

Whether a driver may be legally responsible depends on the specific facts surrounding the collision.

Pedestrians and Reasonable Care

Pedestrians have important rights, but California law also requires them to exercise reasonable care. Pedestrians should not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it creates an immediate hazard. Pedestrians also should not unnecessarily stop or delay traffic while using a crosswalk. However, these responsibilities do not automatically excuse a driver from exercising care.

How a Crosswalk Accident May Occur

Distracted driving can contribute to pedestrian collisions. A driver looking at a phone, navigation system, passenger, or another distraction may fail to notice someone entering a crosswalk. Visibility may also play a role. Crosswalk accidents can occur at night, during poor weather, or in locations with inadequate lighting. Parked vehicles, landscaping, construction equipment, and other objects may further block a driver's view. Speed can be especially dangerous in pedestrian accidents. A driver traveling too quickly may have less time and distance available to recognize a pedestrian and respond appropriately.

Types of Injuries

The following injuries may occur after a crosswalk accident. 

• Spinal injuries
• Head injuries
• Knee and shoulder injuries
• Broken bones
• Internal injuries 
• Cuts and bruising 
• Soft-tissue injuries 

Who May Be Held Responsible? 

Establishing liability may involve determining whether someone failed to exercise reasonable care or violated an applicable traffic rule. Evidence can play an important role in this process. Depending on the accident, relevant information may include the following. 

• Police reports 
• Photographs 
• Surveillance footage
• Witness statements 
• Traffic-camera recordings 
• Medical records 
• Information concerning the roadway or intersection 

In some cases, more than one party may share responsibility. California usually follows a comparative-fault system. This means that responsibility may be distributed among the people or parties involved based on their overall percentage of fault. In addition, a pedestrian's potential contribution to an accident does not necessarily mean that the pedestrian has no ability to pursue a claim.

The Necessary Steps after a Crosswalk Accident

Medical attention should be a priority following a pedestrian collision. Some injuries may not be immediately visible, especially when a person is experiencing shock or adrenaline after an accident. When circumstances allow, pedestrians may also want to report the collision, obtain the driver's identifying and insurance information, photograph the accident location, and collect contact information from witnesses. Preserving evidence may be especially important. Video from nearby businesses, residences, traffic cameras, or dashboard cameras may help establish how an accident occurred, but some recordings are only kept for a short period of time. Individuals should also consider keeping copies of the following. 

• Medical records 
• Bills
• Correspondence with insurance companies 
• Photographs 
• Other accident-related documents and records 

Types of Compensation that May be Available 

Depending on the circumstances and applicable law, an injured pedestrian may be able to seek compensation for certain losses associated with an accident. Potential damages can include but are not limited to the following. 

• Medical expenses 
• Future medical care 
• Lost income 
• Reduced earning capacity 
• Pain and suffering 
• Other accident-related losses 

In fatal pedestrian accidents, eligible surviving family members may have separate legal rights under California's wrongful death laws. The availability and amount of compensation depend on the evidence, insurance coverage, liability, injuries, and other circumstances. No particular outcome or amount of recovery can be guaranteed.

Legal Guidance for Crosswalk Accident Claims

Speaking to a legal professional may be beneficial after dealing with a crosswalk accident! An attorney may be able to review the facts of your case and preserve necessary pieces of information that may be useful in the future. 

How KAASS LAW Can Help

Crosswalk accidents may cause serious or sometimes life-threatening injuries and can leave victims fearful of their future. Oftentimes, these types of accidents may also cause legal and insurance challenges, making the legal process difficult to understand on your own. That is why the KAASS LAW legal team is here to help. Call KAASS LAW today for a confidential consultation and to learn more about your rights moving forward.