San Jose Pedestrian Crosswalk Accident Lawyer
You Were in the Crosswalk. The Driver Had to Yield.
A crosswalk is where the law gives pedestrians the right of way. When a driver ignores it, our San Jose attorneys hold them to it, and pursue full compensation for what you’ve lost.
$75+ million
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Crossing Legally Should Have Kept You Safe
Every California driver has a duty of care: to obey traffic laws and to watch out for everyone else on the road, pedestrians included. A crosswalk is where that duty is clearest. Yet drivers still turn into people crossing, speed through without slowing, or pass a car that’s stopped for someone in the crosswalk.
Being hit while crossing in a crosswalk generally makes for a strong claim. That doesn’t mean the insurer will simply pay. Expect questions like:
Did you have the walk signal when you stepped off the curb?
Did you look for oncoming traffic before entering?
Were you inside the crosswalk lines, or just outside them?
Were you moving through the crosswalk, or stopped in it?
Each question is an attempt to shift part of the blame to you. We make sure the answers, and the evidence, keep the focus on the driver.
What to Do After a Crosswalk Accident in San Jose
Get medical care first.
Call 911. Crosswalk crashes often involve a turning or accelerating car, and injuries can be serious even when they don’t feel it yet.
Document the signal and the crosswalk.
Photograph the walk signal, the crosswalk lines or lack of them, and any flashing lights or signs. Faded paint matters.
Note where you were when you were hit.
Mark your position in the crosswalk and which direction you were crossing. A witness or photo can confirm it.
Identify every witness, including other drivers.
A driver who had stopped for you may be the best witness to the car that didn’t.
Point us to cameras and signal data.
Intersection cameras, nearby businesses, and buses may have footage, and signal timing records show who had the right of way.
Don't guess about the signal to the insurer.
If you aren’t sure exactly when the signal changed, say so, or better, let us handle the call.
What a Crosswalk Accident Claim Can Recover
The driver's liability insurance
A driver who failed to yield pays for your losses through their liability coverage, including both short-term and long-term effects of the crash.
Your full damages
A crosswalk accident claim can include:
- Medical expenses, now and in the future
- Personal property damage
- Physical pain and discomfort
- Lost enjoyment and quality of life
- Psychological and emotional suffering
- Lost income, benefits, and earning ability
A government entity, if the crossing itself was dangerous
A failed signal or poorly designed crossing may bring in the agency responsible. Those claims generally must be filed within six months.
Your own UM/UIM coverage
If the driver fled the crosswalk or carried too little insurance, your auto policy typically covers you as a pedestrian.
How We Prove a Driver Failed to Yield
Crosswalk cases often come down to seconds: when the signal changed, when you stepped off the curb, and where the car was at that moment. We reconstruct those seconds with evidence:
- Traffic signal timing data showing the walk phase
- Camera footage from the intersection and nearby businesses
- Statements from witnesses and from drivers who stopped for you
- Crash reconstruction of the driver’s speed, path, and sightlines
- Photos of the crosswalk markings, signs, and lighting
In a marked crosswalk, the evidence usually speaks for itself. In an unmarked crosswalk at an intersection, we show that the law still required the driver to yield. And when a faded crosswalk, a broken signal, or a poor design contributed, we look at the agency responsible for it too.
California Crosswalk Law
Drivers must yield to pedestrians in crosswalks
Under California Vehicle Code §21950, drivers must yield the right of way to pedestrians crossing in a marked crosswalk or in an unmarked crosswalk at an intersection. They must slow down as they approach and keep a safe distance until it’s safe to proceed.
Pedestrians have duties too
People crossing should obey pedestrian signals where they exist, check for oncoming traffic before entering, and cross reasonably promptly. Falling short can make a pedestrian partly at fault.
Partial fault reduces, but doesn't end, your claim
Under California’s pure comparative negligence rule, your compensation is reduced by your share of fault.
Two years to file
California Code of Civil Procedure §335.1 generally gives injured pedestrians two years to file suit; claims against a government entity must be filed within six months.
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Crosswalk Accident FAQs
Do drivers always have to yield to pedestrians in a crosswalk?
Yes, to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection. Drivers must slow down, yield, and keep a safe distance until it’s safe to continue.
What's an unmarked crosswalk?
A crossing at an intersection without painted lines. Drivers must yield there just as they would at a marked crosswalk, and you can bring a claim if a driver hits you in one.
I started crossing on the walk signal, but it changed while I was in the crosswalk. Am I at fault?
Generally not for that alone. Pedestrians are expected to cross reasonably promptly, but a signal change doesn’t give drivers permission to hit someone still crossing. Signal timing data helps show what happened.
A car stopped for me, but another car passed it and hit me. Who's responsible?
The passing driver, in most cases. Drivers should never pass a car stopped at a crosswalk, because someone may be crossing in front of it.
What if I was just outside the crosswalk lines?
You may still recover. The insurer may argue comparative fault, but that reduces your compensation rather than eliminating it. Exact position evidence can make a big difference.
What if the crosswalk paint was faded or the signal wasn't working?
The agency responsible for the crossing may share liability. Claims against a government entity generally must be filed within six months, so act quickly.
How long do I have to file a crosswalk accident claim?
Generally two years under Code of Civil Procedure §335.1, and six months for claims against a government entity. It can go faster than you think, so call early.
What does a crosswalk accident lawyer cost?
Nothing upfront. We work on contingency: no fee unless we win.
Get Your Free, Confidential Case Review, 24/7
Signal data, intersection footage, and witnesses who saw you crossing can disappear quickly. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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