Mel Inot
Right of way is the first question in most pedestrian cases, and it is more nuanced than many people assume. Under Vehicle Code 21950, a driver must yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. But the same statute says a pedestrian may not suddenly leave a curb into the path of a vehicle that is close enough to be a hazard. Fresno’s wide arterial roads and long blocks, along Blackstone Avenue, Shaw Avenue, and Cedar Avenue, produce exactly the kinds of mid-block and intersection crossings where these rules get tested.
Establishing who had the right of way usually depends on physical evidence and witnesses: the point of impact, the crosswalk markings, the signal timing, and any camera footage. A careful reconstruction of those facts is often what determines whether a driver failed to yield or a pedestrian stepped into traffic.
At Babaians Law Firm, our pedestrian accident attorneys see right-of-way disputes drive most walking-injury claims, and the rules are more nuanced than many people assume.
California’s daylighting law, known as AB 413, prohibits parking within twenty feet of the approach side of a crosswalk. The purpose is straightforward: a car parked right up against a crosswalk blocks the sightline between an approaching driver and a person about to cross. When a crash happens at a crosswalk where a vehicle was parked too close, that obstruction can become part of the fault analysis, potentially pointing to the illegally parked driver in addition to the one who struck the pedestrian.
This is a relatively new factor in Fresno pedestrian cases, and it is easy to overlook. Documenting where nearby vehicles were parked, before they move, can preserve evidence that would otherwise be gone within minutes of the crash.
Insurers frequently argue that a pedestrian was jaywalking, distracted, or wearing dark clothing in order to shift blame and reduce a payout. Under California’s pure comparative negligence rule, even a pedestrian who bears some fault can still recover. If a pedestrian is found twenty percent at fault, they recover eighty percent of their damages rather than nothing. The point is that partial fault is not the end of a claim, even though insurers often present it that way.
What matters is an accurate division of fault based on the facts, not the insurer’s opening characterization. Countering an exaggerated fault argument with evidence, such as signal timing, witness accounts, and the driver’s speed, is frequently where a fair recovery is protected.
State safety agencies track these crashes closely; the Office of Traffic Safety publishes pedestrian crash data, and the courts outline an injured person’s options in the California civil lawsuit process.
Hit by a car while walking in Fresno? Evidence like vehicle positions and signal timing can vanish fast. Call (818) 334-2981 for a free consultation with Babaians Law Firm. Documenting the scene early is what protects your side of the story.
Call for medical help immediately, since pedestrian injuries are often serious and some, like internal or head injuries, may not be obvious at first. If you are able, or if someone with you can, photograph the scene, including the crosswalk, signals, the vehicle’s position, and where nearby cars were parked. Get witness contact information. Do not give a recorded statement to the driver’s insurer or accept a quick settlement before your injuries are fully evaluated.
If you were hurt walking in Fresno, our pedestrian accident lawyers can help you document what happened and deal with the insurers. Because pedestrian crashes so often cause head trauma, our brain injury lawyers page explains how those injuries are valued.
Founder Bianca Babaians, Esq. built this firm after watching her own mother get hurt and then treated as an afterthought by attorneys who would not fight for her, and that experience still shapes how every case is handled here.
We reconstruct right of way carefully. Point of impact, signal timing, and crosswalk markings get documented so fault is decided by facts, not assumptions.
We look at visibility and parking. The daylighting law can point to an illegally parked vehicle that blocked a driver’s view of the crossing.
We push back on shared-fault tactics. Partial fault does not end a claim, and we hold insurers to an accurate division based on evidence.
No cost unless we win. Consultations are free, and you owe nothing in attorney fees unless we recover compensation for you.
If a driver hit you while you were walking, do not let an insurer decide the story before the evidence is gathered. Speak with a Fresno pedestrian accident lawyer at Babaians Law Firm. Call (818) 334-2981 or contact us online for a free, no-obligation consultation.
No. Drivers must yield to pedestrians in crosswalks under Vehicle Code 21950, but pedestrians also have duties, such as not stepping suddenly into the path of a close vehicle, so fault can be shared.
AB 413 restricts parking within twenty feet of a crosswalk to improve visibility. A vehicle parked too close that blocked a driver’s view can become part of the fault analysis.
Often yes. California’s pure comparative negligence rule lets a pedestrian found partly at fault still recover the remaining share of their damages.
Because evidence like vehicle positions, parked cars, and signal timing can disappear within minutes, and it is often what establishes right of way and fault.
It is best not to give a recorded statement before speaking with an attorney, since those statements are frequently used to shift blame onto the pedestrian.
We take on fewer cases to give every client the focus they deserve. Unlike high-volume firms where cases get lost in the shuffle, we prioritize quality over quantity, delivering the attention and results your case deserves. Experience the difference with our dedicated team.
Great female led personal injury firm with good results and settlements. I highly recommend this law firm for personal injury related matters in Los Angeles and California in general.
