California Crosswalk Laws: Pedestrian Right of Way and Accident Liability

Pedestrian accidents often result in severe injuries. Understanding California's crosswalk laws is essential for determining liability and protecting your rights.

Key Rules for Pedestrians and Drivers

Right-of-Way: California law mandates that drivers must yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk. This applies at all intersections, even if there are no painted lines indicating a crosswalk.

Marked vs. Unmarked Crosswalks: A marked crosswalk is indicated by painted lines on the roadway, while an unmarked crosswalk exists at intersections without visible lines. In both cases, pedestrians have the right to cross, and drivers must stop to allow them to do so.

Freedom to Walk Act: Recent legislation, known as the Freedom to Walk Act, allows pedestrians to cross streets outside of designated crosswalks when it is safe to do so. This law aims to reduce unnecessary police stops for jaywalking, provided that pedestrians do not create an immediate hazard.

Responsibilities of Pedestrians: While pedestrians have the right-of-way, they must not suddenly leave the curb or enter the path of a vehicle that poses an immediate hazard. It is essential for pedestrians to use marked crosswalks when available and to exercise caution when crossing roads.

Driver Responsibilities: Drivers are required to slow down and stop when necessary to ensure pedestrian safety. They cannot pass a vehicle that is stopped at a crosswalk, as this could endanger pedestrians attempting to cross.

Vision-Impaired Pedestrians: Special considerations are in place for vision-impaired pedestrians, who have the right-of-way at all intersections when using a cane or accompanied by a guide dog.

California Pedestrian Right-of-Way Laws

Marked Crosswalks

Drivers must:

• Yield to pedestrians in marked crosswalks
• Stop for pedestrians showing intent to cross
• Allow pedestrians to safely cross before proceeding
• Not pass vehicles stopped for pedestrians

Unmarked Crosswalks

California recognizes "unmarked crosswalks" at intersections. Drivers must yield to pedestrians crossing at:

• Any intersection with sidewalks
• Even without painted crosswalk lines
• As long as the pedestrian is crossing legally

Mid-Block Crossing

Pedestrians crossing mid-block (not at an intersection):

• Must yield to vehicles
• Cannot suddenly leave a curb into a vehicle's path
• Take responsibility for their safety

This is why mid-block accidents often involve shared liability.

Common Causes of Pedestrian Accidents in Temecula

Driver Negligence

• Failing to yield at crosswalks
• Distracted driving (phones, GPS)
• Speeding in residential areas
• Running red lights or stop signs
• Turning without checking for pedestrians
• Driving under the influence
• Not yielding when turning right on red

Pedestrian Actions

While drivers bear primary responsibility, pedestrians can contribute to accidents by:

• Crossing against traffic signals
• Crossing outside crosswalks
• Walking while intoxicated
• Wearing dark clothing at night
• Using phones while crossing

Dangerous Locations

Temecula pedestrian accidents frequently occur:

• Old Town Temecula (high foot traffic)
• Near schools during drop-off/pickup
• Promenade Mall and shopping areas
• Wine country tasting rooms
• Residential neighborhoods

Who Is Liable in Pedestrian Accidents?

Driver Liability

Drivers are typically liable when they:

• Violate right-of-way laws
• Drive distracted or impaired
• Speed in pedestrian areas
• Fail to exercise due care

Pedestrian Liability

Pedestrians may share fault if they:

• Jaywalked or crossed illegally
• Ignored traffic signals
• Were intoxicated
• Stepped suddenly into traffic

Shared Liability

California's comparative negligence law allows both parties to share fault. Even if you're partially at fault, you can still recover damages reduced by your percentage of fault.

Third-Party Liability

Sometimes others share responsibility:

• Property owners (poor lighting, obstructed views)
• Government entities (dangerous road design, missing crosswalks)
• Vehicle manufacturers (brake failures)

Serious Pedestrian Accident Injuries

Without vehicle protection, pedestrians suffer:

• Traumatic brain injuries
• Spinal cord damage
• Broken bones and fractures
• Internal organ damage
• Road rash and scarring
• Amputations
• Wrongful death

What to Do After a Pedestrian Accident

If You're the Pedestrian:

1. Call 911 immediately
2. Get medical treatment even if you feel okay
3. Document the scene with photos
4. Get driver and witness information
5. Don't admit fault
6. Contact an attorney before talking to insurance

If You're the Driver:

1. Stop immediately (leaving is a crime)
2. Call 911
3. Provide assistance
4. Exchange information
5. Document the scene
6. Contact your insurance
7. Speak with an attorney

Fighting Insurance Company Tactics

Insurance companies often:

• Blame pedestrians unfairly
• Claim the pedestrian darted out
• Minimize injury severity
• Offer quick, low settlements

Why Pedestrians Need Legal Representation

Pedestrian accident cases involve:

• Determining fault under complex laws
• Calculating lifetime costs of severe injuries
• Dealing with multiple insurance policies
• Negotiating with experienced insurance adjusters
• Potentially suing government entities

The Baum Law Firm has successfully represented injured pedestrians for decades. We understand California pedestrian laws and fight for maximum compensation.

Time Limits for Filing Claims

• Personal injury claims: 2 years from accident date
• Claims against government entities: 6 months
• Wrongful death claims: 2 years from death

Don't wait. Evidence disappears, witnesses forget, and you may lose your right to compensation.

Contact The Baum Law Firm at (951) 200-4265 for a free phone consultation.