Most Californians don't realize that unmarked crosswalks are legal crosswalks. Under CVC §275, a crosswalk exists at every intersection — with or without painted lines — as the natural extension of the curb or sidewalk. This means pedestrians have the right-of-way at virtually every intersection in California.
Key Vehicle Code Sections
CVC §21950: Drivers must yield to pedestrians in any crosswalk. CVC §21951: It is illegal to pass a vehicle that has stopped for a pedestrian. CVC §21954: Even outside crosswalks, pedestrians must be given reasonable care. CVC §21955: Jaywalking rules apply only between adjacent signalized intersections — and even jaywalking doesn't eliminate the driver's duty of care.
How These Laws Affect Your Claim
When a driver strikes a pedestrian in a crosswalk, the legal presumption heavily favors the pedestrian. The driver bears the burden of proving the pedestrian was negligent. When combined with California's comparative negligence system, pedestrians rarely bear more than minimal fault in crosswalk accidents.
After the Accident
Document the crosswalk (marked or unmarked), traffic signals, and any signage. Photograph the intersection from multiple angles. A police report noting the pedestrian was in a crosswalk is powerful evidence.
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