Los Angeles Pedestrian Accident Lawyer

The crosswalk rule, including the crosswalk you cannot see

Vehicle Code § 21950(a) requires a driver to yield to a pedestrian crossing “within any marked crosswalk or within any unmarked crosswalk at an intersection.”

That second phrase decides a large share of these cases. An unmarked crosswalk exists at most intersections whether or not anyone painted lines on the pavement. A pedestrian crossing at a corner with no paint is generally in a crosswalk as a matter of law, and drivers, adjusters, and sometimes police reports get this wrong.

Two more subdivisions matter.

Section 21950(c) requires a driver approaching a pedestrian in any crosswalk to “exercise all due care” and to “reduce the speed of the vehicle or take any other action… as necessary to safeguard the safety of the pedestrian.” Yielding is a floor, not the whole duty.

Section 21950(d) is the provision insurers ignore. Even where the pedestrian was careless, subdivision (d) states that this “does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian” in a crosswalk. Pedestrian error does not transfer the whole case to the pedestrian.

What the pedestrian owes, honestly stated

Section 21950(b) provides that a pedestrian must use due care and may not “suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard,” and may not unnecessarily stop or delay traffic in a crosswalk.

So a pedestrian can share fault. California applies pure comparative negligence, which means shared fault reduces recovery by that percentage rather than ending the claim. A pedestrian found 30 percent at fault recovers 70 percent. Crossing mid block does not end a case, and it is not the same thing as having no case.

Who may be responsible

• The driver, under § 21950 and the general duty in Civil Code § 1714(a)
• An employer, where the driver was working, which usually means a commercial policy
• A public entity, where a dangerous condition contributed, for example a broken or dark crossing signal, obscured sightlines, or a poorly designed intersection. Government Code § 835 applies, and the six month claim deadline comes with it.
• A property owner, for hazards in a parking lot or private drive

Evidence that decides these cases

• The crosswalk question. Photograph the intersection, including the absence of paint if it is an unmarked crosswalk at a corner. That single fact often reverses the liability analysis.
• Signal timing and phase, which can sometimes be obtained from the city or from nearby camera footage before it is overwritten.
• Video. Doorbell, transit, business, and traffic cameras overwrite quickly. Days matter.
• The vehicle’s damage pattern and point of impact, which speaks to speed and to where the pedestrian was.
• Independent witnesses, identified before memories fade.
• Complete medical documentation, including symptoms that surface later.

Where recovery comes from

The driver’s auto liability policy is first, and California minimum limits of $30,000 per person under Vehicle Code § 16056 are frequently exhausted by a single ambulance ride and a night in the hospital. Your own uninsured and underinsured motorist coverage often applies even though you were walking, which surprises most clients and is regularly the largest source of recovery. Health insurance covers treatment subject to a lien that should be negotiated. A commercial policy applies where the driver was working.

Deadlines

Two years from the date of injury under Code of Civil Procedure § 335.1. If a public entity may share responsibility, a written claim generally must be presented within six months under Government Code § 911.2. For an injured child, Code of Civil Procedure § 352(a) tolls the limitations period during minority, but § 352(b) does not extend the government claim requirement.

About this page: Prepared for Not My Fault Law Group, APC. Responsible attorney: Joshua B. Adelpour, Esq., California State Bar No. 318226. Last updated September 4, 2026. This page provides general information about California law and is not legal advice about your situation.