Pedestrian in crosswalk hit by turning car in California personal injury case

In a California personal injury case where a pedestrian in a crosswalk is hit by a turning car, the driver is typically presumed at fault, as California law grants pedestrians strong protections—especially when they are lawfully crossing within a marked or unmarked crosswalk.

🚦 Legal Liability: Pedestrian in Crosswalk Hit by Turning Vehicle

  1. California Vehicle Code § 21950 – Right-of-Way for Pedestrians
    • This statute requires that drivers yield the right-of-way to pedestrians crossing the roadway within marked or unmarked crosswalks at intersections. It also mandates drivers to exercise “due care” to avoid hitting pedestrians.
    • If the driver failed to yield while turning and struck a pedestrian, they would almost certainly be deemed negligent under this law.
  2. Negligence Per Se
    • If a driver violates § 21950 and hits a pedestrian, the violation may be considered negligence per se—meaning the driver automatically breached their duty of care, and the plaintiff (pedestrian) only needs to show that the breach caused injuries.
  3. Turning Drivers Must Exercise Heightened Caution
    • A turning driver must look for pedestrians before entering or crossing a crosswalk. Failure to do so—especially when visibility or traffic conditions are poor—can further demonstrate recklessness or inattention.

đź’Ľ Damages a Pedestrian Can Claim

A pedestrian struck in a crosswalk may be entitled to the following damages:

  • Medical Expenses: Hospital bills, surgeries, physical therapy, prescriptions, and future medical care.
  • Pain and Suffering: For physical pain, mental anguish, trauma, and emotional distress.
  • Lost Wages: Income lost from missed work and reduced earning capacity due to injuries.
  • Loss of Enjoyment of Life: Especially if injuries are long-term or disabling.
  • Punitive Damages: If the driver was grossly negligent (e.g., speeding through the crosswalk, intoxicated, or texting), punitive damages may be awarded.

🧾 Key Evidence to Support the Claim

  • Police Report: Officers typically cite the driver if the pedestrian was lawfully in the crosswalk.
  • Eyewitness Statements: Testimony from others who saw the driver fail to yield.
  • Surveillance or Dashcam Footage: Video can show the pedestrian was already in the crosswalk when the car turned.
  • Medical Records: To document the injuries and establish the link to the accident.
  • Photos of the Scene: Including skid marks, vehicle location, pedestrian injuries, and crosswalk markings.

âś… Next Steps for the Pedestrian

  1. Get Medical Attention immediately, even for minor symptoms.
  2. File a Police Report and obtain a copy.
  3. Collect Witness Info and photos/video if possible.
  4. Avoid Giving Recorded Statements to the driver’s insurance company without legal advice.
  5. Consult a Personal Injury Attorney to assess your case, deal with insurers, and seek full compensation.

Law Offices of James R. Dickinson – 909-848-8448

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