There is an unspoken trust when you step into a crosswalk in Los Angeles. You see the white lines, you check both ways, and you proceed with the belief that drivers will see you and respect your right to cross the street. But that trust is shattered in an instant when a driver isn’t paying attention. The screech of tires, the shocking impact, it’s a violent and terrifying experience that no one should have to endure. In the aftermath, you’re left not just with physical pain, but with a flood of questions and anxieties. How will I pay for this ambulance ride? What about my job? Who is responsible for what just happened to me?
The Truth About Crosswalks and Right-of-Way in California
Something many drivers, and even pedestrians, get wrong about California law is that a crosswalk doesn’t need to be painted to be legally recognized. While marked crosswalks are obvious, the law also protects pedestrians in “unmarked crosswalks.”
Under California Vehicle Code 21950, drivers are required to yield the right-of-way to any pedestrian crossing in a marked or unmarked crosswalk. This isn’t a passive suggestion; it is an active duty. It means a driver must reduce their speed and be prepared to stop when approaching an intersection. The person behind the wheel has a profound responsibility to be aware of their surroundings and look out for people on foot. While pedestrians also have a duty not to dart into traffic, the law places a heavy burden of care on the operator of a multi-ton vehicle.
Why These Collisions Are Rarely “Accidents”
We often hear these incidents referred to as “accidents,” but that word suggests an unavoidable event. The reality is that most pedestrian collisions are the predictable result of a driver’s bad choices. The most common culprit in our modern world is distraction. A driver composing a text, scrolling through a playlist, or looking at a GPS is not looking at the road. In the few seconds it takes to read a message, their car can travel the length of a football field, easily crossing an intersection without ever seeing the person in their path.
This negligence takes other forms, too. We see cases caused by drivers who speed through residential neighborhoods, roll through stop signs, or fail to look for pedestrians before making a right turn. Impairment from alcohol or drugs drastically slows reaction times and clouds judgment, turning a driver into a lethal threat. When a pedestrian accident lawyer Los Angeles investigates these cases, we often find a clear pattern of negligence that directly led to our client’s injuries.
“But I Was Jaywalking. Do I Still Have a Case?”
This is a frequent and understandable worry. An insurance adjuster might try to convince you that because you were crossing mid-block, you are 100% at fault and they owe you nothing. Do not accept this. California law operates on a principle called “pure comparative negligence.”
This legal doctrine means that you can still recover financial compensation even if you are found to be partially responsible for the incident. A court will assign a percentage of fault to each party. For instance, if it’s determined that the driver was 80% at fault for speeding and you were 20% at fault for crossing outside a crosswalk, you are still entitled to recover 80% of your total damages. The key is to not let an insurance company bully you into accepting all the blame. An experienced Los Angeles pedestrian accident attorney can build a case that demonstrates the driver’s primary responsibility.
Critical Actions to Take After Being Struck by a Vehicle
In the disorienting aftermath of being hit, what you do next matters immensely for both your health and your legal rights.
- Prioritize Medical Care: Your well-being is paramount. Call 911 or have someone else do it. Even if you feel you can walk away, you must get checked out by a medical professional. The adrenaline of the moment can easily mask serious injuries like concussions or internal damage. A medical record from an ER or urgent care visit also creates a vital, time-stamped link between the incident and your injuries.
- Ensure a Police Report is Filed: A police report is an essential piece of evidence. It officially documents the event and contains the driver’s contact and insurance details, witness information, and the responding officer’s observations about the scene.
- Document Everything You Can: If you are physically able, use your phone. Take photos of the car that hit you (including its license plate), the street location, any visible injuries you have, and even the weather conditions. If there were people who saw what happened, ask for their names and phone numbers. Their testimony could be invaluable.
- Do Not Engage with the At-Fault Driver’s Insurer: You will likely get a call from the other driver’s insurance adjuster very quickly. Be polite, but firm. Their goal is simple: to protect their company by paying you as little as possible. They may ask for a recorded statement to twist your words or offer a quick, lowball settlement before the full extent of your injuries is known. Do not agree to either. Simply tell them that your car accident attorney will be handling all communications.
Let Our Firm Carry the Burden
We pursue compensation that covers the full scope of your losses. This isn’t just about the current hospital bills; it’s about ensuring your financial security for any future treatments, making up for the income you lost while unable to work, and demanding recognition for the real pain and trauma you have been forced to endure. We prepare every case for the possibility of trial, which puts us in the strongest position to demand a fair settlement. Because we work on a contingency basis, you pay absolutely no fees unless we win your case.
Contact Us Today
If a driver’s negligence has left you injured in a pedestrian accident, don’t wait to assert your rights. Contact the experienced trial lawyers at Karns & Karns Personal Injury and Accident Attorneys today for a free, no-obligation consultation. Let us help you get the justice and compensation you deserve. Call us 24/7 at 1-800-4-THE-WIN (1-800-484-3946).
