Pedestrian Accidents

Crosswalks, marked and unmarked

An unmarked crosswalk generally exists at an intersection even where no lines are painted. This surprises people and matters a great deal, because the assumption that there was "no crosswalk" often turns out to be wrong.

Being outside a crosswalk is not the end of it

Crossing away from a crosswalk can reduce a claim, but it does not eliminate one. California's pure comparative fault rule reduces recovery in proportion to the pedestrian's share of responsibility, and drivers retain a duty to exercise due care and to control speed for the conditions.

A driver who was speeding, distracted, or driving too fast for the light and visibility does not escape responsibility because the person they hit was crossing mid-block.

What the evidence usually turns on

Point of impact and vehicle damage pattern. Light and weather conditions. Sight lines and anything obstructing them, including parked vehicles. Signal timing where relevant. Nearby camera footage from businesses or residences, which is often the single most useful evidence and is frequently overwritten within days.

Injuries and their timing

Head injuries and internal injuries are common and do not always present immediately. Prompt examination matters both medically and evidentially, because the record created near the collision is what later links the injury to it.

Which insurance responds

The driver's liability coverage is the usual first source. Where that is absent or insufficient, the pedestrian's own uninsured and underinsured motorist coverage may apply, which surprises people who assume auto coverage is irrelevant because they were on foot. It generally is not.