Crosswalk Injuries: Who's Liable and What Are Your Rights?
Everyone is a pedestrian at some point, and crossing a street within a labeled crosswalk is common, especially in larger cities and sprawling communities. However, crosswalk injuries can still occur due to both driver and pedestrian error. Determining liability in these cases can be challenging, but it's essential to file an injury claim and pursue compensation.
At the Law Offices of Steven Zwick, based in Orange County, California, we are experienced in handling pedestrian accident cases. Our attorneys can help you explore the causes of your injury, determine who's liable, and stand up for your rights.
If you or someone you know has been injured in a crosswalk, contact us today to schedule a free consultation. We'll explore your options for pursuing compensation.
Common Causes of Pedestrian Crosswalk Injuries
According to the National Highway Traffic Safety Administration, 7,314 pedestrians were killed and over 68,000 were injured in traffic crashes in 2023. Whether you are a driver or a pedestrian, everyone who uses the road has a responsibility to keep each other safe.
The primary situations that can commonly result in a pedestrian crosswalk accident include:
Failure to yield: A driver fails to slow down or stop for a pedestrian who is crossing the road. This is common when making right or left turns at intersections.
Distracted driving: Using a cell phone, eating, fatigue, or adjusting the radio can cause drivers to be inattentive on the road. This can cause a driver to not see pedestrians or impact the driver's ability to slow down.
Speeding: Driving above the speed limit reduces a driver's reaction time and ability to stop for pedestrians who are crossing the street.
Impaired driving: Driving under the influence of drugs or alcohol can limit a driver's visibility and ability to make safe decisions.
Pedestrian distraction: Being unaware of your surroundings, such as looking at your phone, wearing headphones, or not paying attention, can cause pedestrians to step or dart out into traffic when it isn't safe.
Unsafe crossing: Crossing the street without the proper signals or when you don't have the right of way can place you in unnecessary danger.
Low visibility: Conditions such as fog, rain, poor lighting, or nighttime can limit visibility for both drivers and pedestrians, increasing the likelihood of an accident.
If you have been injured as a pedestrian on a crosswalk, you have the right to pursue compensation for your injuries. However, before you can file a claim, you will need to determine who is at fault for the accident.
Depending on the circumstances of the accident, this can be challenging. It's important to work with an experienced personal injury attorney who can help you understand your rights and advocate for fair compensation.
Who Is Liable for a Crosswalk Accident?
Under California Vehicle Code § 21950, drivers are required to stop for pedestrians in intersections or crosswalks. Failure to stop is often seen as a primary factor of liability. While drivers are typically presumed to be at fault for crosswalk accidents, that is not always the case.
To determine liability in a crosswalk accident, you will typically need to identify which party's negligent action resulted in the injury. This will require you to prove the following criteria:
Duty of care: You must be able to prove that both parties owed a duty of care. For example, a driver must stop for a pedestrian in the crosswalk, and a pedestrian must cross when indicated or safe to do so.
Breach of duty: You must be able to prove that one party failed in their duty of care. For example, a driver failing to stop for a pedestrian in a crosswalk or a pedestrian crossing a street without looking.
Causation: You must be able to prove that the breach of duty, whether by the driver or pedestrian, directly caused your injuries.
Damages: You must be able to prove that you suffered tangible damages, such as injuries or property damage, as a result of the accident.
In crosswalk accident cases, the driver, the pedestrian, or both may be held responsible for the accident, depending on the factors that led to the collision. An experienced pedestrian accident attorney can help you explore the events of the accident and determine fault and liability.
Your Rights Following a Crosswalk Injury
If you have been injured in a crosswalk accident, you have certain rights under federal and California state law. Your primary right is the right to pursue compensation for the injuries and damages you sustained as a result of the accident.
California operates under a "pure comparative fault" rule, which means you are still able to recover compensation even if you are found to be partially at fault for the accident. Your eligible compensation will then be decreased by your percentage of fault. For example, if you were awarded $100,000 and were 50% at fault for the accident, your recoverable compensation would be decreased to $50,000.
Additionally, you have the right to sue the negligent driver, third party, or government body that caused the accident. For example, under California's Daylighting Assembly Bill No. 413, drivers are not allowed to park within at least 20 feet of a crosswalk.
The bill aims to remove obstacles that prevent drivers and pedestrians from seeing one another. If a vehicle was parked within 20 feet of a crosswalk and obscured a pedestrian from a driver's view, you could sue the owner of that vehicle.
Contact an Experienced Personal Injury Attorney in Orange County, California, Today
Pedestrian accidents often result in serious injuries, especially in crosswalks. If you have been injured in a crosswalk accident, you have rights. Our attorneys at the Law Offices of Steven Zwick are experienced in helping injured pedestrians establish liability and pursue the compensation they need for their recovery. Contact us today to schedule a free consultation.
We proudly represent clients across Orange County, including but not limited to Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.