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The crosswalk yield rule
California drivers must yield the right-of-way to a pedestrian crossing in a marked crosswalk, or in an unmarked crosswalk at an intersection (Vehicle Code 21950). That covers the painted crossings you see downtown and many street corners without paint. A driver who is turning, looking at a phone, or racing a yellow light still has to stop for you.
The rule has a second half. A pedestrian must not suddenly leave the curb and walk into the path of a car that is so close it is an immediate hazard. Insurance adjusters often build their defense around this sentence, so expect it. What matters is distance, speed and timing, which is why evidence from the first days counts so much.
Turning drivers are a common cause of crosswalk crashes. Drivers turning left must yield to oncoming cars that are close enough to be a hazard (Vehicle Code 21801), and they are often watching traffic instead of the crosswalk. Our page on left-turn accidents explains more. Ask any witness whether the driver slowed down before turning.
When the insurer blames you
California uses pure comparative fault. If you share some blame, your damages are reduced in proportion, but you are not shut out (Li v. Yellow Cab Co.). So if the insurer says you started across on a flashing hand, the real question becomes how much each person contributed, measured against what a careful driver would have done.
Insurers sometimes point to dark clothing, earbuds, or a phone in your hand. Those points may or may not matter depending on the lighting, the driver’s speed and where the driver was looking. Do not argue these points with the adjuster on the phone. Keep your answers short and let the evidence speak once it has been gathered.
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Evidence that helps
The police report is often the starting point. The agency that wrote it must release it to people with a proper interest, such as an injured person, and may charge only its actual cost (Vehicle Code 20012). If police did not come, see no police report after a car accident for what to do instead.
Video is often the strongest proof in a crosswalk case. Traffic cameras, shop cameras, doorbell cameras and bus cameras may have caught the crash, but owners often record over footage within days. Send requests early. Signal timing records, photos of the crossing, and the driver’s own statements at the scene can also show who had the right-of-way.
What to do now
See a doctor right away and tell them a car hit you in a crosswalk. Follow the treatment plan and keep every appointment, because gaps in care give insurers room to argue you were not really hurt. Keep receipts for medication, rides, braces and anything else the crash made you buy.
Write down the names and phone numbers of witnesses before they disappear. Take photos of the crosswalk, signals, any skid marks and your injuries. Save the claim number the insurer gives you. Do not sign a release or give a recorded statement before you talk to a lawyer, and do not accept a quick check. See should I accept the first offer.
How long you have
Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure 335.1). If the vehicle belonged to a city or county, or a broken signal played a part, a written claim to the public entity generally must be presented within six months (Government Code 911.2). Call Beverly Law at (310) 552-6959 or use the form to talk it through.
Starting early also protects the evidence. Video gets erased, witnesses move, and the scene changes when crews repaint lines or adjust signals. A lawyer can send preservation letters and order records while you focus on getting better. You owe no fees or costs unless we win, so there is no cost to asking about your case.
Common questions
Is the driver always at fault if I was in the crosswalk?
Not always, but usually. Drivers must yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections. A pedestrian also must not step suddenly in front of a car too close to stop. If both share blame, your recovery is reduced by your share but not barred.
What if I started crossing on the flashing hand signal?
You may still have a claim. California’s pure comparative fault rule lets you recover even if you share some fault, reduced by your percentage. How much the signal matters depends on the timing, the driver’s speed and whether the driver could have seen you and stopped.
Can I get the police report for a crosswalk accident?
Yes. As an injured person you have a proper interest, so the agency that wrote the report must release it to you. It may charge a fee no greater than its actual cost. Your lawyer can also request it by declaring that they represent you.
What if a city bus hit me in the crosswalk?
Claims against a California city, county or other public entity generally require a written claim within six months of the injury before you can sue. That is much shorter than the usual two-year lawsuit deadline, so talk to a lawyer quickly.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
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Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.