Unmarked crosswalks are found more often in the State of California than you may think. An unmarked crosswalk is an invisible boundary which functions as an important pedestrian crossing. However, the lack of clear, obvious markings can often lead to confusion among pedestrians and drivers, making it crucial to understand all responsibilities and rights associated with unmarked crosswalks.
California law states that pedestrians crossing roads have the right of way in a marked or unmarked crosswalk. However, pedestrians still need to exercise due care for their own safety.
Pedestrians entering a marked crosswalk or unmarked crosswalk cannot jump into oncoming traffic in a manner which ends up creating an immediate hazard. Pedestrians may also not delay traffic unnecessarily.
Pedestrians who are victims in pedestrian accidents can hire a pedestrian accident attorney and hold the driver who hit them liable, recovering compensation via a personal injury claim.
What Is an Unmarked Crosswalk in California?
Unmarked crosswalks are prolongations of pedestrian pathways, such as sidewalks or dirt trails, at intersections. It is a crossing for pedestrian traffic which does not contain painted lines, signals or signs.
These crosswalks are usually found at intersections and provide pathways for pedestrians by extending from corner to corner. These crosswalks, while lacking visual cues that marked crosswalks have, provide pedestrians with the same legal protections.
Unmarked crosswalks may lead to accidents when drivers and pedestrians don’t understand the laws associated with them.
Do Pedestrians Always Have the Right of Way on Unmarked Crosswalks?
Yes, according to California Vehicle Code 21950, pedestrians always have the right of way on unmarked crosswalks.
California pedestrians are given the right of way at unmarked crosswalks as well as marked crosswalks. This means an oncoming vehicle has an obligation to yield to any pedestrian who is crossing the road.
However, pedestrians need to exercise caution as well. They can’t suddenly leave curbs and run or walk into a vehicle’s path when that vehicle is close enough to pose a hazard.
These rules can be elucidated by real-world scenarios. For example, imagine you’re a pedestrian and you’re waiting to cross the street at a crosswalk which is unmarked. When cars approach you at high speed, you should ideally wait for these cars to pass. However, when vehicles are at a significant distance, you can cross and the driver should stop or slow down if needed.
When Is the Driver At-Fault in Pedestrian Accidents?
Drivers are typically always at fault if there is a crosswalk present. Even in situations without crosswalks, drivers are expected to yield to pedestrians.
However, there are certain situations where drivers aren’t at fault or are only partially at fault for accidents leading to injured pedestrians.
Drivers and pedestrians are both expected to exercise a reasonable amount of care to prevent harm from occurring, and a failure to exercise this reasonable care is known as negligence. When negligence leads to an accident, the negligent party is at fault for the accident.
Examples of possible negligence on the part of pedestrians include:
- Pedestrians running into the street into oncoming traffic while intoxicated
- Pedestrians who are jaywalking or disobeying traffic signals
- Pedestrians crossing a road while wearing headphones, texting and not looking up
Essentially, if an accident is deemed to have occurred because a pedestrian failed to exercise the care that a reasonable person would exercise in the same situation, the pedestrian will be found at fault for the accident.
What to Do If You’re Injured at an Unmarked Crosswalk
If you are injured in a pedestrian accident at an unmarked crosswalk, you should do the following:
Prioritize Your Safety
If you are able, immediately get yourself off of the street to a safe area.
Call 911
Call 911 and request medical attention. You might be hurt worse than you realize. Once police arrive, request a copy of the police report, as this can be crucial when it comes time to file an insurance claim.
Exchange Info With Driver
Get the driver’s contact information, insurance information, driver’s plate number, etc.
Get Witnesses’ Contact Info
Get the contact information of any witnesses to the accident.
Document Evidence
Take photos of your injuries and any relevant details, such as the accident scene, any traffic signals or signs present, etc. Document your account of how the accident occurred as soon as possible since memories fade quickly.
Get Medical Treatment
Get medical treatment immediately even if you don’t think you’re hurt that badly. Many injuries don’t show themselves until weeks or months after accidents. It is important to have any injuries diagnosed and documented in medical records as soon as possible so insurance companies can’t argue your injuries were caused by something other than your accident. Follow all directions given to you by your doctor and dutifully attend all follow-up appointments, as failure to do these things can result in a smaller payout from the insurance company.
Consult With a Personal Injury Attorney
Studies show that injury victims who end up hiring attorneys end up recovering way more compensation for their injuries than those who don’t, even after factoring in attorney fees. Most personal injury attorneys, such as the lawyers at Nadrich Accident Injury Lawyers, operate on a contingency fee basis, meaning you’re not charged unless they win your case.
Tips to Avoid Pedestrian Accidents
Tips for Drivers
- Always look for pedestrians everywhere.
- Slow down and prepare yourself to stop whenever you turn or enter crosswalks.
- Utilize more caution when you drive in conditions with poor visibility such as bad weather or nighttime.
- Don’t pass vehicles when stopped at crosswalks, as people might be crossing where you’re unable to see.
- Yield to all pedestrians who are in crosswalks and stop a significant distance away from crosswalks to give other drivers opportunities to see crossing pedestrians and stop as well.
- Be extra careful when you back up, looking out for pedestrians.
- Obey the speed limit, especially in neighborhoods with kids, in school zones and around people who are on the road.
- Don’t drive while drunk or drugged.
Tips for Pedestrians
- Follow traffic laws and obey signals and signs.
- Walk on a sidewalk whenever it is available.
- When no sidewalk is available, walk while facing traffic, as well as as far away from traffic as you can.
- Cross roads at intersections or crosswalks. Look in every direction for vehicles, including for vehicles who are making turns.
- When intersections or crosswalks aren’t available, locate well-lit areas with good views of traffic. Wait for gaps in traffic which allow adequate time to safely cross. Keep looking out for traffic while crossing.
- Don’t walk while drunk or drugged – doing so impairs your judgment and abilities.
- Look out for vehicles exiting or entering driveways, and for vehicles backing up while in parking lots.
Have You Been Injured in a Pedestrian Accident?
If you or a loved one has been injured or killed in a pedestrian accident, call us today for a free consultation, as we can help you recover financial compensation for medical bills, lost wages, loss of earning capacity, pain, suffering, wrongful death and more.
We will represent you on a contingency, meaning the only fee we’ll charge is a percentage of any compensation we recover for you. We won’t charge a fee until and unless we recover compensation for you, and you won’t be charged any upfront or out-of-pocket fee.
We’ll get you to doctors who will treat you without charging you until your case is over if you can’t afford treatment for your injuries. We get great results for our clients, and doctors know this, so they’re willing to do this for our clients.
Insurance companies won’t pay you what you deserve for your injuries unless they know you can sue them and win over a low ball offer, and they know you can’t sue them and win without a lawyer. In addition, it’s dangerous to talk with insurance companies, who will try to trick you into saying things which cause the value of your claim to plummet. Let us handle all conversations with insurance companies for you and force insurance companies to pay you what you deserve for your injuries.
We have been representing pedestrian accident victims since 1990 and have recovered hundreds of millions of dollars for our clients. Our vast experience will allow us to recover the most money possible to compensate you for your pedestrian accident injuries.
Call us today for a free case evaluation.
Jeffrey Nadrich
Jeffrey Nadrich is a nationally-recognized California plaintiff’s personal injury attorney. He is a graduate of UC Berkeley and UC Hastings College of the Law. He has successfully represented thousands of injury clients over the last 40 years.
