Crosswalk Accidents in Los Angeles: Understanding Driver vs. Pedestrian Fault
Walking should be one of the safest ways to travel through Los Angeles. Yet, despite marked crosswalks, traffic signals, and citywide pedestrian safety campaigns, accidents at intersections remain a common and devastating occurrence. For injured pedestrians, the question of who is at fault, the driver or the pedestrian, becomes the central issue in both insurance claims and potential lawsuits.
If you or someone you love has been struck in a crosswalk, a skilled Los Angeles pedestrian accident lawyer can explain your rights and help you pursue compensation.
California’s Right-of-Way Laws for Crosswalks
California law is designed to protect pedestrians, who are the most vulnerable on the road. Under the California Vehicle Code, drivers are required to yield the right of way to pedestrians crossing the street in both marked and unmarked crosswalks. An unmarked crosswalk exists at most intersections, even when there are no painted lines on the road.
However, pedestrians also carry responsibilities. For example, they are prohibited from suddenly leaving a curb or other safe place and entering the path of a vehicle that is close enough to present an immediate hazard. Understanding this balance between driver duties and pedestrian responsibilities is critical when evaluating fault after an accident.
Common Causes of Crosswalk Accidents
Crosswalk accidents often stem from driver negligence. Speeding, distracted driving, running red lights, and failing to yield are among the leading causes of collisions involving pedestrians. In Los Angeles, heavy traffic congestion and limited visibility at busy intersections can heighten the risk.
Still, drivers may argue that pedestrians acted unsafely, such as crossing against a signal, stepping into traffic suddenly, or walking while distracted by a phone. These claims are frequently raised as defenses in accident cases, making it important for victims to gather strong evidence to prove liability.
How Fault Is Determined
Determining fault in a crosswalk accident can be complex. California follows a comparative negligence system, which means that both the pedestrian and the driver may share responsibility. If a pedestrian is found partially at fault, for instance, by crossing outside the designated time at a signal, their compensation may be reduced in proportion to their degree of fault.
This is where a knowledgeable pedestrian accident attorney in Los Angeles becomes essential, ensuring victims are not unfairly blamed for an accident caused by driver negligence. Attorneys investigate the scene, review traffic camera footage, interview witnesses, and consult accident reconstruction experts to show how the driver’s negligence directly led to the pedestrian’s injuries.
Common Defenses Drivers Raise
Drivers often attempt to shift blame to avoid liability. Some of the most common defenses include:
- Pedestrian negligence: Arguing that the pedestrian was jaywalking, crossing against a light, or failing to pay attention.
- Sudden entry into traffic: Claiming the pedestrian darted out unexpectedly, leaving the driver no chance to stop.
- Visibility issues: Suggesting that poor lighting, weather conditions, or obstacles prevented the driver from seeing the pedestrian.
A strong case requires countering these defenses with evidence. For example, eyewitness testimony, accident reports, or surveillance footage can prove that the pedestrian had the right of way and the driver failed to exercise proper care.
The Role of Insurance Companies
Insurance companies frequently try to minimize payouts by exploiting shared fault rules. Adjusters may suggest that the pedestrian was partly responsible, even when evidence clearly shows driver negligence. This tactic can reduce the settlement amount or delay compensation.
A pedestrian accident lawyer knows how to push back against these strategies. By presenting comprehensive evidence and negotiating directly with insurers, an attorney ensures that victims are not pressured into accepting less than they deserve.
Proving Liability in Crosswalk Accident Cases
Attorneys build strong claims by collecting a range of evidence, including:
- Police and accident reports documenting the scene
- Photos and videos of the intersection and crosswalk
- Witness statements
- Medical records showing the extent of injuries
- Expert testimony from accident reconstruction specialists
The goal is to establish a clear picture of what happened and demonstrate that the driver breached their legal duty to yield, causing serious harm to the pedestrian.
Seeking Compensation After a Crosswalk Accident
Pedestrians injured in crosswalk accidents may be entitled to compensation for medical expenses, lost income, pain and suffering, and long-term rehabilitation costs. Because injuries in these accidents are often severe, ranging from fractures and spinal injuries to traumatic brain injuries, the financial impact can be overwhelming. Having an experienced attorney on your side is essential to secure the maximum recovery possible.
Contact Kosnett Law Firm
If you or a loved one has been injured in a crosswalk accident, you do not have to face the legal process alone. A knowledgeable Los Angeles pedestrian accident lawyer can guide you through California’s fault and insurance laws, investigate your claim, and fight for the compensation you deserve.
Contact Kosnett Law Firm today to schedule a free consultation with a trusted pedestrian accident attorney in Los Angeles. Our team is committed to protecting pedestrian rights and holding negligent drivers accountable.
