Most people know that if a driver hits a pedestrian while said pedestrian is in a marked crosswalk, the driver is almost always at fault. However, it is much less common for people to know that in California, if a pedestrian is legally crossing at an unmarked crosswalk, the driver is also responsible. If you have been injured in this type of accident, or have lost a loved one in a pedestrian accident, then you should contact a personal injury attorney as soon as possible. You can reach Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
How many pedestrian accidents happen in crosswalks?
According to the National Highway Traffic Safety Association, just under 9% of all fatal pedestrian accidents actually occur when the victim is within a crosswalk. Some of these were marked and others were unmarked. Either way, a pedestrian has rights and legal protections when legally crossing in a crosswalk.
There are exceptions to the protections offered in crosswalks
It is California Vehicle Code Section 21954 that offers legal protections for pedestrians. It is clear that all drivers are required to yield the right of way to a pedestrian when said pedestrian is within a crosswalk. This requires that the car come to a complete stop, allow pedestrians to cross, and can then go on. However, there are a few exceptions.
The first exception is one in which there is a specific “Do Not Cross” sign or light that is either posted or flashing. The second exception involves giving the driver enough time to stop. The pedestrian cannot simply walk out directly in front of a vehicle and blame said vehicle for not stopping. The pedestrian is required to allow enough time and space for the driver to first see them and then stop.
The difference between a marked and unmarked crosswalk
Most marked crosswalks in Southern California are marked with white lines, but the lines may be yellow at school crossings. It is also common for crosswalks to have flashing lights that warn the motorist a pedestrian is crossing.
On the other hand, unmarked crosswalks are often present in residential areas. An unmarked crosswalk is essentially located at almost all intersections unless a “No Crossing” sign is posted. Further rules about what makes an unmarked crosswalk legal often vary by city. For example, in San Francisco, an intersection of two streets wider than 25 feet is a legal crosswalk – whether it is painted, signed, or marked as such or not.
Are you unsure if your pedestrian accident took place at a legal or illegal crosswalk? Are you unsure if there are legal protections for the accident in which you were involved. Your best option is to contact Law Offices of Fernando D. Vargas at 909-982-0707 now for a free legal consultation. We will carefully consider your case and offer our best advice on your legal options.
