Pedestrian Hit in an LA Crosswalk? When Drivers and Cities Share the Blame
Sunny weather makes Los Angeles an enjoyable place to walk for families and their children. This enjoyment also creates dangerous conditions for pedestrians on crosswalks. Busy intersections, distracted driving, and old infrastructure can contribute to crosswalk injuries. Understanding the safety risks and how drivers and cities can share liability for pedestrian injuries on crosswalks can help keep individuals safe and decrease future harm.
Why Crosswalk Accidents Happen So Often in Los Angeles
The streets of Los Angeles can pose dangerous walking conditions for pedestrians, as there is high traffic, distracted drivers, and uneven crosswalks. Other risk factors may include the following:
- Drivers making left turns while concentrating on oncoming vehicles rather than pedestrians
- Right-turn-on-red movements
- Distracted driving (phones, GPS, in-car screens)
- Poor nighttime lighting
- Faded crosswalk paint or blocked signage
- Short pedestrian signal timing
California Crosswalk Right-of-Way Laws
Under California Vehicle Code §21950, drivers at an intersection must yield the right-of-way to pedestrians during a marked or unmarked crosswalk. This also applies to pedestrians who are halfway across the sidewalk. In addition, pedestrians must also exercise a level of care for themselves.
Comparative negligence makes it so that responsibility can be shared between multiple parties when necessary. In certain circumstances, the driver, along with the condition of the road and the level of pedestrian care, can share accountability for the damage caused.
When the Driver May Be Responsible
Driver negligence is one of the most common causes of pedestrian accidents. Relevant information, including skid marks, vehicle speed, traffic cameras, and witness statements, can assist in determining how the incident occurred. The following are circumstances that can indicate driver fault:
- Speeding through an intersection
- Failing to yield while turning
- Running a red light
- Distracted driving
- Driving under the influence
- Failing to check blind spots before turning
When the City May Also Share Responsibility
In addition to driver behavior, vehicle collisions can also be caused by the condition of the roadway itself. Under California Government Code §835, it is stated that a public entity can be held accountable for an accident if a hazardous condition on public property contributed to an injury. The failure to maintain public property can significantly harm pedestrians and other drivers on the road, causing severe or life-threatening injuries. The following are examples of reasons that can contribute to pedestrian accidents.
- Non-functioning pedestrian signals
- Broken or missing walk lights
- Crosswalk markings that are severely faded
- Obstructed visibility from overgrown trees or parked vehicles
- Poor street lighting at night
- Intersections known for repeated pedestrian collisions
- Traffic signals are timed too short for safe crossing
Special Rules for Claims Against Cities
Filing an accident claim against a public entity is very different than that of an injury claim against a private driver. California law requires a government tort claim notice to be filed within six months of when the initial injury occurred. This deadline makes evidence such as traffic signal data, maintenance records, and surveillance footage important, as it can be erased shortly after the accident.
Evidence That May Matter After a Crosswalk Collision
Documentation becomes another necessary factor after a pedestrian accident has occurred. The following may become helpful:
- Photos of the crosswalk and intersection
- Walk signal timing (how long the pedestrian light lasted)
- Traffic camera recordings
- Dashcam footage
- Witness contact information
- Police reports
- Prior collision history at the location
Medical and Financial Considerations
Oftentimes, pedestrians involved in crosswalk accidents suffer from severe or life-threatening injuries from a vehicle's impact on the human body. Individuals who are injured may consider seeking medical attention. Injuries that appear minor can also require medical attention as they can worsen over time if left untreated. Preserving medical expenses and records of treatment can also help determine the severity of the accident. The following are common injuries driven by pedestrian and vehicle collisions.
- Traumatic brain injuries
- Pelvic fractures
- Spinal injuries
- Internal bleeding
- Long-term mobility limitations
Speaking With a Legal Professional
Crosswalk injuries from distracted drivers, high traffic, and uneven pavement can create challenges for pedestrians and their families. Understanding your rights and legal options moving forward can help victims focus on recovering from their injuries. Speaking with a legal professional can assist in evaluating your case and providing you with guidance and support. An attorney can also review available evidence and explain the necessary deadlines needed to proceed with your case.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges pedestrians and their families face when suffering from crosswalk injuries. Our experienced personal injury attorneys can help clients understand their options by reviewing the facts of their case. Crosswalk injuries can become complicated as they usually involve multiple parties. If you or a loved one has suffered injuries from a crosswalk accident, you are not alone. Contact KAASS LAW today to discuss your options.