On this page
- Crosswalk rules are a starting point for the investigation
- Preserve evidence of the crossing and surrounding area
- Show how the injury changed your daily life
- Consider the driver, available coverage and other responsible parties
- Discuss the incident before important records disappear
- Common questions
- Sources and further reading
Crosswalk rules are a starting point for the investigation
Under California Vehicle Code section 21950, drivers generally must yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections. The statute also requires care from pedestrians and drivers. A pedestrian cannot suddenly enter the path of a vehicle so close that an immediate hazard results.
That means a claim requires more than a label such as 'in the crosswalk.' The signal phase, the direction of travel, turning movements, visibility and the time available to react can all be relevant. An insurer's initial account may leave out important details. Describe what you actually observed and identify what you do not know.
Preserve evidence of the crossing and surrounding area
If you are injured, getting appropriate medical help takes priority. A family member or other trusted person may be able to help record the location without entering traffic or returning to an unsafe scene. Useful evidence includes:
- Photographs showing the entire intersection as well as the impact location.
- Crosswalk markings, pedestrian signals, nearby driveways and obstructions to visibility.
- The driver's information, vehicle plate and responding officer's incident number.
- Witness names and a way to reach them.
- Nearby businesses, homes or vehicles that may have recorded the collision.
Keep original photographs and videos with their dates and other file information. Camera systems can overwrite recordings, so note potential sources promptly. A request to preserve footage does not mean the owner must immediately release it to you.
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Show how the injury changed your daily life
Medical records explain diagnosis and treatment. Employment records can help establish missed work. A simple, accurate record of assistance with transportation, household tasks or mobility can make practical limitations easier to understand.
Keep the record factual. Note what you could not do, when the limitation occurred and any help you needed. Do not exaggerate symptoms or make medical predictions yourself. Your treating professionals should guide care, and any evaluation of future needs should be supported by appropriate evidence.
Consider the driver, available coverage and other responsible parties
The driver's identity is only part of the picture. Whether the vehicle belonged to someone else or was being used for work may affect the investigation. If the condition of a public road or signal appears relevant, identifying the responsible entity and the applicable legal requirements is a separate task.
If the driver left or had insufficient insurance, ask for a review of household auto policies. Depending on the policy and circumstances, uninsured motorist coverage may extend to an insured person injured as a pedestrian. Being outside a car does not by itself rule out coverage. Keep the declarations pages, full policies and any written rejection of coverage.
Discuss the incident before important records disappear
For an initial consultation, gather the accident date, precise location, any report number and a short summary of treatment. If a child was injured, tell us at the start. A child's claim may involve different procedures, so an adult deadline should not simply be applied without review.
If a public entity may be involved, the ordinary lawsuit deadline is not the only concern. The California Courts government claim guide explains the generally much earlier claim requirement, commonly six months for an injury. Our team can discuss the facts and the information needed to evaluate a potential case.
Common questions
Can a crossing without painted lines still be a crosswalk?
Yes. California law recognizes unmarked crosswalks at intersections as well as marked crosswalks. The location and applicable traffic rules still need to be examined.
What if the driver left the scene?
Report the incident promptly and save identifying details, witness contacts and possible video sources. A review of applicable insurance can help determine whether a claim is available even if the driver has not been identified.
Do I need to know who was at fault before calling?
No. You can describe what happened and provide the information you have. A consultation can help identify the unanswered questions and evidence needed for an evaluation.
Sources and further reading
Published by Aghabegian Law Group, P.C. This information is general education, not legal advice for your circumstances. Laws, agency procedures, and insurance terms can change. Contacting the firm does not by itself create an attorney-client relationship.
