What Is an Unmarked Crosswalk?

An unmarked crosswalk is a pedestrian crossing line without signs, signals, or painted lines. It is common at intersections and extends from one corner to the opposite side of the road. Unmarked crosswalks provide a pathway for pedestrians.

Although unmarked crosswalks have no visible boundaries, California pedestrians enjoy the same legal protection. If you were injured in a pedestrian accident in an unmarked crosswalk, you may have the right to pursue compensation for your injuries and damages.

Consult a trusted pedestrian accident attorney in California to understand your rights as an injured person.

Rights and Responsibilities at Unmarked Crosswalks

According to California traffic laws, pedestrians have a right of way in marked and unmarked crosswalks. Drivers must, therefore, yield the right of way to pedestrians crossing the road. Pedestrians must also exercise caution when using unmarked crosswalks.

Pedestrians shouldn’t suddenly enter an intersection or leave a safe walking space and run into the path of a vehicle close enough to hit them. A driver is also prohibited from overtaking a car that has stopped to yield the right of way to a pedestrian on an unmarked crosswalk.

The Complexities of Pedestrian-Vehicle Collisions at Unmarked Crosswalks

Similar to other road sections, pedestrian-vehicle collisions commonly occur at unmarked crosswalks. Determining fault in a pedestrian-vehicle collision at unmarked crossing can be challenging because of the complex nature of the law.

In some instances, the pedestrian may be partially at fault for the accident, which can affect their ability to obtain compensation from the other party. If the vehicle driver is found 100% at fault for the accident, they should compensate the pedestrian for injury-related losses.

California applies pure comparative negligence, a doctrine that allows injured parties to collect damages even if they are 99% at fault for the accident. Therefore, a pedestrian can still recover injury-related damages, even when partially at fault for the accident.

The settlement value of an injured victim reduces in proportion to the contribution of fault.

Steps to Take If Injured at an Unmarked Crosswalk

Your steps after a pedestrian accident can enhance your safety and protect your right to compensation.

Here are a few things to do if injured at an unmarked crosswalk:

Immediately After the Accident

Safety is the top priority after a pedestrian accident at an unmarked crosswalk. First, move yourself to the side of the road if it is safe to do so. If anyone is injured, dial 911. Lastly, notify the local police department about the crash.

Gather Accident Related Information

If injured in a pedestrian-vehicle crash that’s not your fault, gather evidence of how the accident occurred. It takes time and resources to recover from a pedestrian-related injury. Proof of how the crash occurred is vital in holding to account the liable driver.

Take note of the following details related to the crash:

• Name, telephone number, address, driver’s license, and license plate number of the driver involved in the accident
• Names and contact details of bystanders who witnessed the accident
• Images of the scene of the accident
• Contact details of the police officer who responded to the scene

Seek Medical Attention

Seek medical attention regardless of the nature of the accident. The full extent of the injury may not be apparent immediately after the accident. A comprehensive examination from a healthcare provider can reveal any hidden injuries.

A healthcare provider will create medical records you can rely on to pursue compensation from the at-fault party.

Notify Your Insurer About the Accident

Notify your insurer about the accident irrespective of the at-fault party’s willingness to cater for accident-related losses. Some injuries develop into complications, translating into hefty medical expenses.

Your insurer may cater for your injury-related losses if the at-fault party fails to compensate you.

What Should You Do at an Unmarked Crosswalk in California?

The actions of pedestrians and drivers at unmarked crosswalks can reduce the risk of accidents.

Safety Tips for Drivers

• Look out for pedestrians at unmarked crosswalks.
• Use extra caution in low visibility conditions like night or bad weather.
• Slow down and be prepared to stop when approaching a crosswalk.
• Never pass vehicles at unmarked crosswalks; there may be pedestrians crossing.
• Do not drive under the influence of alcohol or drugs
• Follow the prescribed speed limit

Safety Tips for Pedestrians

• Walk on the sidewalks, if available.
• When crossing, check for cars in all directions, including those turning left or right.
• Improve your visibility by wearing bright and reflective clothes during the day in low-light conditions.
• Do not assume the driver will or can stop. Look out for traffic conditions that may impede their stopping on time.
• Do not text or call when crossing.

Fault When Driver Hits Pedestrian at Unmarked Crosswalk

Evidence is crucial in determining fault in a pedestrian-vehicle collision. An insurer adjuster may examine the facts and circumstances of the accident to determine the liable party for the losses.

Sources of evidence for determining fault in a pedestrian accident include:

• Police accident report
• Medical records
• Images of the injury
• Video surveillance footage
• Traffic camera footage
• Skidmarks
• Images of the injury
• Eye witness statements

How a Personal Injury Lawyer Can Help You

Many injured victims obtain compensation from the insurer of the at-fault party. Even so, some obtain settlement values that barely match their injury-related losses. Injured victims who hire personal injury attorneys have a better chance of receiving a fair settlement value for their losses.

Benefits of working with an attorney include:

• Settling at the right time
• Litigating the matter in court
• Negotiating with insurance companies
• Providing legal guidance
• Proving the extent of your injuries
• Determining the value of your losses

Injured in an Unmarked Crosswalk? Get in Touch With an Experienced Pedestrian Accident Attorney

Suppose you’ve sustained a back injury in a crash at an unmarked crosswalk. In that case, your quality of life will likely worsen due to poor physical and mental health and loss of productivity. You, therefore, deserve representation from an attorney who’ll protect your right to compensation.

The Barnes Firm Injury Attorneys has settled over 150,000 accident cases, giving us an edge to represent you. Contact us online or at (800) 800-0000 for a free case evaluation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes