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Pedestrian accidents at crosswalks are more common—and more devastating—than many realize. According to the National Highway Traffic Safety Administration, over 7,000 pedestrians were killed in traffic crashes in 2021 alone, with a significant number of those fatalities occurring at or near marked crosswalks. These statistics are a sobering reminder of how vulnerable pedestrians are, even when following the rules.
At State Law Firm, we’ve seen firsthand how life-altering these incidents can be. Based in Sherman Oaks, our boutique personal injury team is committed to helping everyday people navigate the legal complexities of serious accidents. As young attorneys evolving into full-fledged litigators, we pride ourselves on taking on challenging cases—and winning them. If you’ve been hit by a car while walking, especially at a crosswalk, understanding your rights and legal options is critical.
In this guide, we’ll discuss how liability is determined in pedestrian accidents, what steps victims can take to prove negligence, and when to speak with a legal professional. If you’re looking for legal support after being struck in a crosswalk, our Sherman Oaks car accident lawyers are here to help you fight for the compensation you deserve.
Understanding Pedestrian Rights and Responsibilities at Crosswalks
In California, pedestrians have the legal right-of-way in marked and unmarked crosswalks. But that doesn’t mean the road is always safe. Under California Vehicle Code Section 21950, drivers must yield to pedestrians crossing the roadway within any marked crosswalk or at an intersection. However, pedestrians are also expected to exercise due care—for example, they can’t suddenly leave a curb and walk or run into the path of a vehicle.
What pedestrians should know:
- You have the right of way in marked and unmarked crosswalks.
- You are still responsible for exercising caution.
- Jaywalking or crossing outside legal areas may reduce your compensation if injured.
Pro Tip: Knowing your rights is the first step, but knowing your responsibilities can protect your legal claims. For example, you may have a stronger compensation case if you were in a crosswalk and followed traffic signals.
The Common Causes of Pedestrian Accidents at Crosswalks
Crosswalk accidents rarely “just happen.” They’re usually the result of a driver’s lapse in attention—or a mix of environmental conditions and human error. At State Law Firm, we often see recurring patterns in our cases
Common causes include:
- Distracted driving (texting, phone use, eating)
- Speeding, especially in residential or school zones
- Failure to yield at marked crosswalks
- Poor visibility due to lighting or weather
- Improper signage or malfunctioning traffic lights
In many of these cases, a driver’s behavior is to blame. However, unsafe intersections or faded crosswalk markings may also point to municipal negligence, an angle we carefully investigate.
Pro Tip: If you can, document the scene quickly—before weather, lighting, or the city paves over the evidence.
Identifying Liability in Pedestrian Crosswalk Accidents
Liability in pedestrian accidents isn’t always as clear-cut as it seems. While drivers are usually assumed to hold more responsibility, insurance companies often look for ways to shift the blame, sometimes unfairly, to the pedestrian.
Parties who may be liable:
- The driver, for failing to yield or driving recklessly
- The pedestrian, if they crossed illegally or while impaired
- The city or county, for failing to maintain safe crosswalks or signage
- Both parties, under California’s comparative negligence rules
In California, even if you were partially at fault, you may still recover damages—your share of the blame just reduces your compensation.
Pro Tip: Don’t accept blame at the scene, even if you feel flustered. Let the evidence—and your attorney—speak for you.
How to Prove Negligence in a Pedestrian Accident Case
In any personal injury case, the burden of proof is on the plaintiff. That means you must show that the other party acted negligently and that their negligence caused your injuries.
To prove negligence, gather:
- Eyewitness testimony from bystanders or nearby drivers
- Police reports detailing the scene and who was cited.
- Surveillance or dashcam footage
- Medical records documenting your injuries
- Accident reconstruction expert opinions, if needed
We often work with professionals who can analyze traffic patterns and impact angles to support our clients’ cases.
The Role of Insurance Companies in Accident Claims Involving Pedestrians
Dealing with insurance companies after a pedestrian accident can feel like a second injury. They may offer a quick, lowball settlement, or delay and deny your claim altogether.
Here’s how they usually approach these cases:
- Investigate who was at fault (and try to shift that blame)
- Review medical documentation and bills.
- Request statements from you (often to use against you)
This is where having legal representation makes all the difference. Our firm negotiates directly with insurers so our clients can focus on healing, not bureaucracy.
Pro Tip: Don’t give a recorded statement to any insurance company without speaking to a lawyer first.
Pursuing Legal Action: When to Consult a Personal Injury Attorney
If you’ve been injured in a pedestrian crosswalk accident, time is of the essence. Medical bills, lost income, and emotional trauma add up quickly—and so do the legal deadlines.
Signs it’s time to speak with an attorney:
- You’ve sustained any kind of injury (even soft tissue)
- There’s a dispute about who’s at fault.
- You’re being pressured to settle fast.
- You don’t fully understand your insurance rights.
At State Law Firm, we don’t just take cases—we build them to win. As a boutique firm run by young, driven attorneys, we bring energy, strategy, and client-first care to every case we handle. Our goal? To help everyday people take on big insurers—and win.
If you’re ready to take the next step, our Sherman Oaks car accident lawyers are here to support you.
