Maison Law Accident & Injury Lawyers of Modesto supports pedestrians injured at crosswalks in Modesto. Everyone relies on some form of transportation to get around Modesto, but at some point, everyone becomes a pedestrian. And when drivers are careless on the road, they can create a dangerous environment for you and your loved ones.
If you’ve been injured in a pedestrian accident, the Pedestrian Accident Attorneys of Modesto can help. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation.
How a Lawyer Can Help
Unfortunately, pedestrian injuries and fatalities are on the rise. In 2022 alone, 7,522 pedestrians were killed and more than 67,000 were injured in the United States, according to the NHTSA.
If you find yourself in a pedestrian accident at a crosswalk in Modesto, it is advisable to consult with an attorney about your legal options. However, it is important to note you most likely won’t need an attorney in a pedestrian accident if:
- The accident is minor with no apparent damage
- Your injuries are minor scrapes or small bruises
If you’ve sustained serious injuries that have caused you to miss work, required treatment from a doctor, or prevented you from reasonably completing daily tasks, an attorney can:
- Connect you to trusted doctors for continued treatment
- File a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Assign liability to all parties responsible for your injuries
- Communicate with insurance adjusters on your behalf
- Build your case by gathering concrete evidence to confirm your claim
- Negotiate a fair settlement
- Represent you in court if your case goes to trial
What is Considered a Crosswalk in California?
According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute goes on to say:
“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”
What are the Right-of-Way Rules for a Crosswalk in California
The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:
- All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
- A driver must stop before the line, not in the middle of the crosswalk.
- A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
- Drivers are not permitted to pass stopped vehicles while they’re allowing pedestrians to cross at a crosswalk.
However, a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.
Can a Pedestrian Cross the Street Outside a Crosswalk in Modesto?
If you attempt to cross the street without a crosswalk, or outside of an intersection, you can still cross the street according to California Vehicle Code 21954 (a). This statute states:
“Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”
Other notable pedestrian laws include:
- Pedestrians lose right-of-way at crosswalks whenever traffic lights or law enforcement officers indicate for them to remain on the curb.
- Pedestrians are not permitted in bike lanes when a walking path is available.
- Jaywalking is not illegal in California if it is done safely and with no oncoming traffic.
- Pedestrians with impaired vision that require a can or a guide dog have the right-of-way at all intersections
Legal Duty of Pedestrians at a Crosswalk in California
According to California Vehicle Code 21950 (b), pedestrians owe a legal duty to motorists to exercise due care for themselves and other pedestrians around them. CVC 21950 (b) states:
“This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may 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. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
So, while there are laws to protect pedestrians in crosswalks, pedestrians must exercise caution and avoid stepping out into a crosswalk when it is unsafe. Being aware of traffic also includes traffic control devices. Pedestrians must yield to motorists who have a green light. They must also not step into a crosswalk when the “Don’t Walk” signal is displayed. Not only is it against the law for a pedestrian to cross an intersection with a “Don’t Walk” signal, but this action can also make them liable for any collisions that may occur as a direct result.
Establishing Liability in a Pedestrian Accident
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For instance, if you’re crossing the street while looking down at your phone, or doing something else besides watching the road, you can be found partially liable if you’re struck by a vehicle. Maybe you weren’t looking at your phone, but the driver says you were. What do you do?
For these reasons, it is important to have an experienced Pedestrian Accident Lawyer to help you navigate these legal complexities. In this case, the stronger the evidence, the stronger your claim will be. And a strong claim usually leads to a fair settlement. Strong evidence in a pedestrian accident claim includes:
- The police report, as well as any additional documentation related to the accident
- Photos and videos of the scene. This could include
- Eyewitness statements
- Dash cams
- Traffic cams
- Security cams
- Eyewitness testimony
- A medical report of your injuries from a doctor
- Income statements, which show your lost wages
- Related medical bills
Contact a Pedestrian Accident Lawyer in California
If you or a loved one has been involved in a pedestrian accident in California, the Pedestrian Accident Attorneys of Modesto are standing by to help you get the compensation you need. We understand the enormous medical costs associated with vehicle accidents and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.