California pedestrian accidents: crosswalk rights after a crash
California drivers must yield to pedestrians crossing within marked crosswalks and unmarked crosswalks at intersections. Pedestrians also have safety duties, so fault after a collision depends on the location, timing, visibility, signals, and other evidence.
A crosswalk does not need painted lines.
Vehicle Code section 21950 requires a driver to yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. The California DMV also explains that not all crosswalks are marked. Photograph the intersection, curb ramps, lane markings, traffic controls, and the pedestrian’s path before conditions change.
Drivers and pedestrians both have duties.
Section 21950 requires an approaching driver to use due care and reduce speed or take other action necessary to protect a pedestrian in a marked or unmarked crosswalk. It also says a pedestrian may not suddenly leave a curb or other place of safety and enter the path of a vehicle that is close enough to create an immediate hazard.
Outside a marked crosswalk or an unmarked crosswalk at an intersection, section 21954 generally requires a pedestrian to yield to vehicles close enough to create an immediate hazard. That rule does not remove the driver’s duty to exercise due care for pedestrian safety.
Preserve visibility and timing evidence.
Save the police report number, witness contacts, original photographs, and any dashcam or nearby surveillance footage. Document lighting, weather, parked vehicles, construction, sight obstructions, traffic signals, clothing, vehicle damage, and the final resting locations. Keep original files rather than relying only on compressed social-media copies.
Seek appropriate medical care and keep records of symptoms, appointments, bills, missed work, and changes in daily activities. A collision report or citation can be important evidence, but neither automatically decides civil fault.
Check every deadline early.
California Code of Civil Procedure section 335.1 generally provides two years for an action based on injury or death caused by another’s wrongful act or neglect. Different rules may apply. For example, Government Code section 911.2 generally requires a written injury claim against a public entity within six months after accrual. Have the parties, location, notices, and dates reviewed promptly instead of relying on a general deadline.
Common questions
Do pedestrians have the right-of-way in an unmarked California crosswalk?
Yes. Section 21950 applies to pedestrians crossing within marked crosswalks and unmarked crosswalks at intersections. The surrounding facts and each person’s conduct still matter.
Is a pedestrian automatically at fault when crossing outside a crosswalk?
No automatic conclusion should be made. Section 21954 generally requires the pedestrian to yield to vehicles that present an immediate hazard, but it also preserves the driver’s duty to exercise due care.
What evidence can help after a pedestrian collision?
Photographs, video, signal timing, witness information, lighting and visibility details, vehicle damage, medical records, and the pedestrian’s route may all be important. Preserve time-sensitive footage promptly.
Official sources
- California Vehicle Code § 21950 — Crosswalk right-of-way and duties
- California Vehicle Code § 21954 — Pedestrians outside crosswalks
- California DMV — Laws and Rules of the Road
- California Code of Civil Procedure § 335.1 — General injury deadline
- California Government Code § 911.2 — Public-entity claim deadline
General information, not legal advice. Laws and deadlines depend on your circumstances.
Talk with FK Law Group, LLP