Crosswalk Crashes: Who Is Liable in a Pedestrian Accident?

If you or someone you love has been involved in a crosswalk accident, it’s crucial to understand your rights and options moving forward. The aftermath can be daunting, but having the right support can make all the difference. We encourage anyone affected by such incidents to reach out for a free consultation. 

Our team is here to listen to your unique situation, answer your questions, and provide the guidance you need to navigate this challenging time. Remember, you deserve to feel safe and supported on the road, and we are dedicated to helping you achieve justice and recovery.  

The Reality Behind Crosswalk Accidents

Even though crosswalks provide a designated place to cross safely, accidents can and do happen. In fact, pedestrian injuries and fatalities are a significant concern across the country. According to the National Highway Traffic Safety Administration (NHTSA), in recent years, over 6,000 pedestrians lost their lives annually in traffic crashes nationwide. California, including cities like Los Angeles, ranks among the states with the highest number of pedestrian accidents.

Crosswalk crashes often involve multiple factors: speeding vehicles, distracted driving, poor visibility, and sometimes pedestrians crossing improperly. But when you’re using a crosswalk correctly, you should be able to expect that drivers will yield the right of way.

Who Could Be at Fault in a Crosswalk Crash?

Liability in pedestrian accidents isn’t always clear-cut. Depending on the circumstances, several parties might share responsibility:

1. The Driver:

Drivers have a legal duty to watch out for pedestrians, especially in marked crosswalks. Failing to yield, speeding, running a red light, or being distracted can all contribute to a driver’s liability. If the driver was negligent, they could be held accountable for your injuries.

2. The Pedestrian:

While it may sound harsh, pedestrians can sometimes bear partial responsibility. For example, if someone suddenly steps into traffic without looking or crosses against a signal, it can affect the outcome of liability. However, even in these cases, drivers are expected to exercise caution.

3. Government or Municipality:

In some situations, local governments might be liable if poor street design, malfunctioning traffic signals, or inadequate signage contributed to the accident. Faulty infrastructure that makes crosswalks unsafe can be grounds for claims against public entities.

Understanding Comparative Negligence

In California and many other states, comparative negligence laws mean that fault can be divided among parties based on their contribution to the accident. This affects how much compensation you might receive.

For instance, if a driver was 70% responsible for the crash but you were 30% responsible, your payout might be reduced by 30%. This rule makes it essential to gather strong evidence that shows how the accident occurred and who was truly at fault.

Key Steps to Take After a Crosswalk Accident

If you’ve been hit by a car in a crosswalk, it’s important to act carefully to protect your rights:

• Get Medical Attention Immediately: Your health comes first. Some injuries may not be obvious right away.
• Report the Incident: Contact police so there’s an official record. This report is critical for legal and insurance purposes.
• Gather Evidence: If possible, take photos of the scene, your injuries, and the vehicle involved. Collect contact information from witnesses.
• Avoid Admitting Fault: It’s common to want to say “I’m sorry” or explain the accident, but statements can be used against you later.
• Consult an Attorney Early: The sooner you get legal advice, the better chance you have of building a strong case.

How a Pedestrian Accident Lawyer Can Help

Navigating the aftermath of a crosswalk accident can feel overwhelming. Medical bills, lost income, and emotional stress quickly add up, while insurance companies may try to minimize payouts.

A seasoned pedestrian accident attorney can:

• Investigate the crash thoroughly, gathering evidence such as traffic camera footage or witness statements
• Identify all liable parties, whether it’s the driver, government entities, or others
• Handle communications with insurance companies to protect your interests
• Calculate the full scope of damages, including medical expenses, rehabilitation costs, lost wages, and pain and suffering.
• Represent you in negotiations or court to fight for fair compensation

Having expert legal guidance can reduce the burden on you and increase your chances of a positive outcome.

We Understand What You’re Going Through

Getting hit in a crosswalk can be a traumatic experience. The sudden disruption to your life, coupled with physical pain and uncertainty about the future, can be deeply unsettling. We want you to know that you’re not alone.

At Leavitt, Yamane & Soldner, we approach every case with genuine care and respect. Your story matters to us, and we’re committed to standing by your side every step of the way. Our goal is not just to pursue compensation but to help you regain a sense of control and hope.

Reach Out for a Free Consultation

If you or someone you love has been injured in a crosswalk accident, don’t wait to get help. Laws and deadlines can affect your ability to recover damages, and early action is crucial.

Call Leavitt, Yamane & Soldner at 808-746-7729 today for your free, no-obligation consultation. Let us listen to your story and guide you through your options with care and clarity.