Criminal Defense Lawyers

Unmarked Crosswalk in California – Who has right of way?

Unmarked Crosswalks in California: Who Has the Right of Way?

As a pedestrian in California, it’s crucial to understand your rights and responsibilities when crossing the street, especially at unmarked crosswalks. At Spodek Law Group, we’ve seen far too many cases where a lack of knowledge about right-of-way laws has led to serious injuries or even fatalities. That’s why we feel it’s our duty to educate the public about this important topic.In this comprehensive guide, we’ll cover everything you need to know about unmarked crosswalks in California, including:

• What exactly is an unmarked crosswalk?
• Who has the right of way at these intersections?
• What are a pedestrian’s responsibilities when crossing?
• How can drivers ensure they’re following the law?
• What should you do if you’re involved in an accident at an unmarked crosswalk?

By the end of this article, you’ll have a clear understanding of your rights and how to stay safe on California’s roads. And if you ever find yourself in need of legal assistance after a pedestrian accident, know that the experienced attorneys at Spodek Law Group are here to fight for you. Call us anytime at 212-300-5196 or visit our website at https://www.federallawyers.com.

What is an Unmarked Crosswalk?

First, let’s define what we mean by an “unmarked crosswalk.” According to California Vehicle Code Section 275, a crosswalk is:“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.”In simpler terms, an unmarked crosswalk is the part of the street at an intersection that connects one corner to the other, even if there are no painted lines or other markings. As long as sidewalks are present on both sides, and the roads meet at roughly 90-degree angles, an unmarked crosswalk legally exists.It’s a common misconception that crosswalks only exist where there are visible stripes on the pavement. In reality, most intersections have legal crosswalks, marked or not. This is an important distinction, as the right-of-way laws apply equally to both types.

Pedestrian Right of Way at Unmarked Crosswalks

Now, let’s get to the heart of the matter—who has the right of way at an unmarked crosswalk? The answer is found in California Vehicle Code Section 21950, which states:(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection[…]This means that pedestrians have the legal right of way at both marked and unmarked crosswalks. Drivers are required by law to stop and allow pedestrians to cross safely. Failure to do so can result in hefty fines and points on your license.However, the law also places some responsibility on pedestrians. The second part of Section 21950 reads:(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.In other words, pedestrians can’t just dart out into the street without looking, even at a legal crosswalk. You have a duty to ensure it’s safe to cross and to give vehicles adequate time to stop. You also can’t block traffic unnecessarily once you’re in the crosswalk.

Driver Responsibilities at Unmarked Crosswalks

So, what exactly are drivers supposed to do when approaching an unmarked crosswalk? First and foremost, you must be alert and watch for pedestrians at all intersections, even if there’s no marked crosswalk. Slow down and be prepared to stop if someone steps off the curb.Once a pedestrian has entered the crosswalk, you are legally required to yield the right of way. Come to a complete stop and allow them to cross the entire roadway before proceeding. Don’t try to squeeze by or rush them along—their safety takes priority.It’s also important to note that you must stop for pedestrians not just in your lane, but in adjacent lanes as well. If someone is crossing from your right, don’t assume it’s safe to zoom by in the left lane. They may not see you coming.Finally, be extra cautious at night or in poor weather conditions when visibility is reduced. Pedestrians can be harder to spot, so slow down and give yourself more time to react if needed.

Liability in Unmarked Crosswalk Accidents

Unfortunately, accidents involving pedestrians at unmarked crosswalks are all too common. In most cases, the driver will be found at fault for failing to yield. This means their insurance would typically cover the pedestrian’s medical bills, lost wages, pain and suffering, and other damages.However, California follows a “comparative negligence” rule. This means that if the pedestrian is found to be partially at fault, their compensation may be reduced accordingly. For example, if a jury determines the pedestrian was 20% responsible for the accident, they would only receive 80% of the awarded damages.Some common factors that could assign blame to the pedestrian include:

• Crossing outside of a crosswalk (i.e. jaywalking)
• Darting out into traffic suddenly
• Crossing against a “Don’t Walk” signal
• Walking while distracted (texting, wearing headphones, etc.)
• Crossing while under the influence of drugs or alcohol

Even if you were partially at fault as a pedestrian, you may still be entitled to significant compensation. That’s why it’s so important to speak with a knowledgeable pedestrian accident attorney who can evaluate your case and fight for your rights.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

What to Do After an Unmarked Crosswalk Accident

If you’re ever involved in a pedestrian accident at an unmarked crosswalk, either as a pedestrian or driver, there are some important steps to take:

1. Check for injuries and call 911 if needed. Safety should be the top priority.
2. Move to a safe area out of traffic, if possible.
3. Exchange contact and insurance info with the other party.
4. Take photos of the accident scene, damage, and injuries.
5. Get contact info from any eyewitnesses.
6. File a police report to document the incident.
7. Seek medical attention, even for minor injuries. Some issues may not show up right away.
8. Contact a pedestrian accident lawyer to discuss your legal options. Don’t give any statements to insurance companies without consulting an attorney first.

At Spodek Law Group, we have decades of experience handling complex pedestrian accident cases. We know the ins and outs of California’s right-of-way laws and how to build a strong case for maximum compensation.Our team will thoroughly investigate the circumstances of your accident, gather evidence, interview witnesses, and fight tirelessly to hold the responsible parties accountable. We work on a contingency basis, which means you pay nothing upfront and we only get paid if we win your case.

Conclusion

Navigating the aftermath of a pedestrian accident can be overwhelming, especially when it involves an unmarked crosswalk. The laws around right of way are not always clear cut, and proving fault often requires extensive investigation and legal expertise.That’s where Spodek Law Group comes in. Our dedicated attorneys have a proven track record of success in handling these complex cases. We understand the physical, emotional, and financial toll a serious injury can take, and we’ll be by your side every step of the way to ensure you get the justice and compensation you deserve.Don’t try to tackle this process alone. If you or a loved one has been injured in an unmarked crosswalk accident in California, contact Spodek Law Group today for a free consultation. Call us at 212-300-5196 or visit our website at https://www.federallawyers.com to learn more about how we can help.Remember, knowledge is power when it comes to staying safe on the roads. By understanding your rights and responsibilities at unmarked crosswalks, you can help prevent accidents and protect yourself and others. And if the unthinkable does happen, know that the compassionate legal team at Spodek Law Group is here for you.