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
- 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.
- 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.
- 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
- Get Medical Attention immediately, even for minor symptoms.
- File a Police Report and obtain a copy.
- Collect Witness Info and photos/video if possible.
- Avoid Giving Recorded Statements to the driver’s insurance company without legal advice.
- 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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