Being hit outside a crosswalk in California does not answer every question about responsibility for a pedestrian collision. Where you crossed matters, but so do the driver’s speed, attention, visibility and opportunity to avoid the impact. The evidence needs to be evaluated before anyone assumes the pedestrian has no claim.
In this video, attorney Norman Gregory Fernandez explains why a pedestrian collision requires more than looking for painted lines.
No painted lines does not always mean no crosswalk
Some crosswalks are unmarked. The California DMV explains that drivers must recognize both marked and unmarked crosswalks. An attorney should review the intersection layout, sidewalks, signals and signs before accepting a description that you were outside a crosswalk.
Preserve photographs showing the entire intersection and your route. A close-up of the impact area may not show the features needed to evaluate the crossing. See the California DMV rules of the road for general crossing information.
The conduct of both people matters
A pedestrian’s crossing choices can affect responsibility. The investigation may consider when the pedestrian entered the road, nearby traffic, signals and whether there was time to react. Describe your actions accurately, including anything you believe may be unfavorable.
The driver’s conduct also needs examination. Was the driver watching the road? Did a vehicle, parked car or other object block the view? Was the speed reasonable for the conditions? What happened once the pedestrian became visible? A driver’s statement that someone appeared suddenly should be compared with physical evidence and witness accounts.
Preserve evidence before it disappears
Identify witnesses and ask for their contact information. Record the collision report number and the responding agency. Keep photographs of vehicle damage, the road, lighting, nearby cameras and sight obstructions. Do not enter traffic or return to a dangerous location to take pictures.
Nearby businesses or homes may have video, but recordings may be overwritten. Tell your attorney about possible camera locations promptly. Preserve your own messages and photographs in their original form rather than editing or deleting them.
Explain what you know and what you do not remember
A serious impact can leave gaps in memory. Do not fill those gaps with guesses about vehicle speed, distance or timing. Separate your own recollection from information supplied by a witness, family member or report.
Give healthcare providers an accurate account of symptoms and relevant medical history. Keep medical records, bills, receipts and work-loss documentation. The injury evidence and the collision evidence serve different purposes, and both can matter.
Shared responsibility can affect compensation
California comparative fault principles may allow responsibility to be allocated between people whose negligence contributed to an injury. A pedestrian’s share of responsibility can reduce a recovery. That does not establish that any particular percentage applies to your case or guarantee compensation.
A careful evaluation should consider the applicable crossing rules and the actual evidence. An insurer’s early conclusion is a position to examine, not a substitute for investigating how the collision occurred.
Get a case-specific review
Promptly bring insurance letters, requests for statements and any proposed release to your attorney. Do not assume that ongoing insurance discussions protect a legal deadline. Different defendants and circumstances may involve different requirements.
Our office offers a free consultation about California pedestrian injuries. We can discuss the location, available evidence and what further investigation may be needed before a claim decision is made.
General information, not legal advice. Every case depends on its facts and applicable law. Viewing this article does not create an attorney-client relationship.
Get Help Now
Work directly with an experienced California personal injury attorney. The Law Office of Norman Gregory Fernandez & Associates represents injured people statewide. Norman Gregory Fernandez has practiced law since 1997. Call 800-816-1529 for a free consultation or contact our office.
About Attorney Norman Gregory Fernandez
