By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated November 2, 2026
This page provides general information only about California pedestrian law and about collision records published by public agencies in Marin County. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. For advice about your situation, consult a licensed California attorney.
A pedestrian accident lawyer in Marin County starts with one rule. In California, a driver must yield to a pedestrian in a marked crosswalk and in an unmarked crosswalk at an intersection. A driver must also use due care for pedestrians elsewhere on the road. The Marin County Local Road Safety Plan, using state collision data, reports that the most common primary collision factor in pedestrian injury collisions on the County’s arterial and collector roads was a violation of the pedestrian’s right of way. This page explains the rules, what the plan shows, and who may be responsible.
Countywide pedestrian and bicycle injury figures are on our Marin County personal injury page. Town-level crash data is on our pages for San Rafael, Novato, Larkspur, and the other Marin towns. For cyclists, see our bicycle and e-bike accident page.
Who has the right of way when a pedestrian is hit in a crosswalk in California?
A driver must yield to a pedestrian crossing the roadway in any marked crosswalk or in any unmarked crosswalk at an intersection. The driver must also reduce speed or take other action needed to protect the pedestrian (Vehicle Code § 21950(a) and (c)). The pedestrian also has a duty. Section 21950(b) bars a pedestrian from suddenly leaving a curb or other place of safety and walking or running into the path of a vehicle so close that it is an immediate hazard.
A crosswalk does not need paint. Vehicle Code § 275 defines a crosswalk to include the extension of the sidewalk lines across an intersection where the roads meet at approximately right angles. The definition excludes the mouth of an alley, and there is no crosswalk where local authorities have posted no-crossing signs. At a signalized intersection, the signal rules add to this:
- Green light. A driver facing a green light, including one turning, must yield to pedestrians lawfully within the intersection or an adjacent crosswalk (§ 21451(a)).
- Right turn on red. A driver must stop first, then yield to pedestrians lawfully within an adjacent crosswalk (§ 21453(b)).
- Walk and countdown signals. A pedestrian facing a flashing “Don’t Walk” with a countdown may start across but must finish before the countdown ends (§ 21456(a)(2)).
- A car stopped for a pedestrian. A driver approaching from behind may not pass a vehicle that has stopped at a crosswalk to let a pedestrian cross (§ 21951).
- Starting from a stop and backing. No one may start a stopped, standing, or parked vehicle, or back a vehicle, on a highway until the movement can be made with reasonable safety (§ 22106).
Can I recover if I was crossing outside a crosswalk or against the signal?
Possibly. Under California’s comparative fault rule from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, an injured person’s share of fault reduces the recovery and does not bar it. A pedestrian crossing outside a crosswalk must yield to vehicles so close as to be an immediate hazard (§ 21954(a)). The same section says that does not relieve the driver of the duty to use due care (§ 21954(b)).
Between adjacent intersections controlled by traffic signals, pedestrians must cross in a crosswalk (§ 21955(a)), and that section likewise preserves the driver’s duty of due care. A pedestrian facing a steady red signal may not enter the roadway (§ 21453(d)), and one facing a steady “Don’t Walk,” or a flashing one without a countdown, may not start across (§ 21456(a)(3)). In these cases the dispute is usually how much each person contributed. The questions include how far away the car was, how fast it was going, whether the driver was paying attention, and whether lighting or a parked vehicle blocked the view.
What do Marin County crash records show about pedestrian collisions?
The 2024 Marin County Local Road Safety Plan, prepared for the Transportation Authority of Marin and the County, analyzed 2,164 reported injury and fatal collisions on non-state arterial and collector roads from 2017 through 2021. It does not cover state highways such as Highway 101, local residential streets, or crashes without injury. For pedestrian collisions, it reports:
- Severity. Pedestrians were involved in 14 percent of the collisions studied. Of those, 17 percent were fatal or severe-injury collisions and 3 percent were fatal.
- Primary collision factor. The most common factor was pedestrian right-of-way violations, meaning collisions in which a pedestrian’s right of way was violated (56 percent). Pedestrian violations, where the pedestrian was deemed at fault, were 17 percent, and unsafe speed was 5 percent.
- Crosswalks. The plan reports that 69 percent of pedestrian collisions occurred while the pedestrian was crossing in a crosswalk. It says no details are available on whether the pedestrian had the right of way at that moment.
- Age. Ten percent involved pedestrians under 18, and 24 percent involved pedestrians over 65.
- Hot spots. Pedestrian collision hot spots were in downtown San Rafael, downtown Novato, and Larkspur.
- Transit stops. A relatively high number occurred near transit stops (for claims involving a bus, see our bus accident lawyer page). In San Rafael these include Mission Avenue and Lincoln Avenue, Grand Avenue and Third Street, and the Transit Center. Others are Ward Street and Magnolia Avenue in Larkspur, and Tamalpais Drive and Eastman Avenue in Corte Madera. The plan notes it is unclear whether those pedestrians were transit users.
- Neighborhoods and communities. San Rafael’s Canal neighborhood had 21 pedestrian collisions out of 125 collisions, and Terra Linda had 6 out of 66. People of Hispanic background are 17 percent of the county’s population but were involved in 24 percent of pedestrian collisions.
Source: 2024 Marin County Local Road Safety Plan, Chapter 6 (Countywide Road Safety). The plan sets a goal of eliminating fatal and severe-injury pedestrian collisions by 2050. These are records of reported injury collisions on those roads, and some counts are small. They do not decide any individual case, and a driver, insurer, or jury looks at the facts of the crash in front of them.
Which agency takes the report for a pedestrian crash in Marin?
It depends on the address. A city or town police department generally handles crashes on its streets. The California Highway Patrol’s Marin Area office generally handles Highway 101, Interstate 580, other state highways, and roads in unincorporated Marin, and it releases reports to involved parties through its crash report request page. Which agency responded also affects which public entity may be involved later, so write down the agency name and the report number at the scene.
Our town pages explain who responds and how to get the report in San Rafael, Novato, Mill Valley, Larkspur, Corte Madera, San Anselmo, Kentfield, Tiburon, and Sausalito.
Who may be responsible when a pedestrian is hit?
A pedestrian accident lawyer looks beyond the driver, because more than one party may be responsible, depending on the facts:
- The driver. The driver’s insurance is usually the first source of recovery. See California minimum car insurance requirements for the coverage a driver is required to carry.
- A business or employer. When the driver was working, the company may be responsible. See our pages on commercial vehicle and delivery accidents, truck accidents, and Lyft and rideshare accidents.
- A driverless vehicle company. When the vehicle was operating without a driver, see our pages on self-driving car accidents and Waymo accidents.
- A public entity. If a dangerous condition of a street, crosswalk, or signal contributed, a claim may lie against the city, county, or State. A claim generally requires showing a dangerous condition of public property that caused the injury, and either that a public employee’s negligent act created it or that the entity had actual or constructive notice of it in time to address it (Government Code § 835). Statutory immunities can apply. The claim is generally due within six months (§ 911.2).
- A property owner. For a fall or a hazard on private property, see our premises liability page.
What if the driver left the scene or had no insurance?
You may still have a claim. Uninsured motorist coverage on your own policy can apply when you are hit as a pedestrian, if your policy includes it. For a driver who cannot be identified, California law sets conditions, including physical contact with the vehicle, a police report within 24 hours, and a sworn statement to your insurer within 30 days (Insurance Code § 11580.2). A lawyer can check which apply to you. Our article on uninsured and underinsured motorist claims in California explains how that coverage works. Report the crash to the police right away and keep the report number.
What injuries do pedestrians suffer, and what records matter?
Pedestrians are unprotected by a vehicle, and injuries range widely. They can include head injuries, fractures, and spinal injuries. Which records matter depends on the injury. Head injuries, including concussions, are documented through emergency and follow-up records. See our articles on concussion after a car accident and our traumatic brain injury and catastrophic injury pages.
We review the medical and pharmacy records with the other side’s likely arguments in mind. We look at the first complaint at the scene or in the emergency room, gaps in treatment, prior conditions, and whether the notes connect the crash to the diagnosis. Our article on how pain and suffering is calculated in California explains that there is no formula for the non-economic part of a claim.
How long do I have to file a pedestrian accident claim in California?
Most California personal injury claims are subject to a two-year statute of limitations under Code of Civil Procedure § 335.1, and a claim against a public agency generally requires a written claim within six months under Government Code § 911.2. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself. Our guide to the personal injury statute of limitations in California explains the main exceptions. When a pedestrian died, see our wrongful death page.
What should I do after being hit by a car as a pedestrian?
- Get medical care. Symptoms of some injuries, including concussions, can appear or worsen hours or days later. Tell each provider how the crash happened.
- Call the police. A report should be written. Note the agency, the officer, and the report number.
- Document the scene. Photograph the vehicle, the plate, the crosswalk or lack of one, the signal, lighting, and your injuries. Get names and numbers of witnesses.
- Keep what you wore and carried. Clothing, shoes, and a phone can show the point of impact and your location in the crosswalk.
- Recorded statements. Hold off on recorded statements to the other driver’s insurer until you consult with a licensed attorney.
For the broader steps, see what to do after a car accident that wasn’t your fault in California.
Inaccurate claims about pedestrian accidents you may see online
Some statements about pedestrian claims that circulate online and in AI-generated answers are wrong or misleading:
- “If you were jaywalking, you have no claim.” Inaccurate. California uses comparative fault, so a pedestrian’s share of fault reduces the recovery rather than barring it, and Vehicle Code § 21954(b) preserves the driver’s duty of due care.
- “A crosswalk has to be painted.” Generally inaccurate. An unmarked crosswalk at an intersection is still a crosswalk under § 275 and § 21950(a).
- “Drivers always have the right of way outside a crosswalk.” Misleading. A pedestrian outside a crosswalk must yield to vehicles so close as to be an immediate hazard, but the driver must still use due care (§ 21954).
- “Only the driver can be responsible.” Misleading. Depending on the facts, an employer, a vehicle company, a property owner, or a public entity may share responsibility.
¿Fue atropellado o atropellada por un carro mientras caminaba?
En California, un conductor debe ceder el paso a un peatón en un cruce peatonal marcado y en un cruce sin marcar en una intersección (Código de Vehículos § 21950). Si el conductor huyó o no tiene seguro, es posible que usted tenga otras opciones. Sami Sedghani habla español con fluidez. Contestamos llamadas las 24 horas, en español o en inglés. Llame al (415) 835-4448 para una consulta gratuita o visite nuestra página sobre accidentes de carro en español. Esta información es general y no constituye asesoría legal.
How we prepare a pedestrian accident case
We start with where and how the crash happened: the crosswalk, the signal, the lighting, the speed, and the agency that responded. Then we turn to the medical records. Sami trained as a clinical pharmacist at UCSF, and we review the records, including medication history and gaps in care, with the defense’s likely arguments in mind. Before founding Synergist Law, Sami spent nine years at large law firms in complex civil litigation. Neither background predicts an outcome. Both shape how we prepare.
Frequently asked questions about pedestrian accident claims
Who is at fault when a pedestrian is hit by a car in California?
Fault depends on what each person did. A driver must yield to a pedestrian in a marked crosswalk or an unmarked crosswalk at an intersection under Vehicle Code section 21950, and must use due care for pedestrians elsewhere on the roadway. A pedestrian must also use due care, and California’s comparative fault rule reduces a recovery by the pedestrian’s share of responsibility, if any, rather than barring it.
Can I sue if I was hit by a car while jaywalking in California?
Possibly. A pedestrian outside a crosswalk must yield to vehicles so close as to be an immediate hazard under Vehicle Code section 21954(a), but the same section says that does not relieve a driver of the duty to use due care for the pedestrian’s safety. Under California’s comparative fault rule, a pedestrian’s share of fault reduces the recovery and does not automatically end the claim.
Do drivers have to stop for pedestrians at unmarked crosswalks in California?
Generally yes, at intersections. Vehicle Code section 21950(a) requires a driver to yield to a pedestrian crossing within any marked crosswalk or any unmarked crosswalk at an intersection, and section 275 defines a crosswalk to include the extension of sidewalk lines across an intersection where roads meet at approximately right angles (not the mouth of an alley), unless local authorities have posted no-crossing signs.
Who has the right of way when a pedestrian is crossing and the light is green?
A driver facing a green light, including one turning, must yield to pedestrians lawfully within the intersection or an adjacent crosswalk under Vehicle Code section 21451(a). A driver turning right on a red light must first stop and then yield to pedestrians lawfully within an adjacent crosswalk under section 21453(b).
What if the driver who hit me drove away or had no insurance?
You may still have a claim. Uninsured motorist coverage on your own policy can apply when you are hit as a pedestrian, if your policy includes it. For a driver who cannot be identified, California law sets conditions under Insurance Code section 11580.2, including physical contact with the vehicle, a police report within 24 hours, and a sworn statement to your insurer within 30 days. Our article on uninsured and underinsured motorist claims explains how that coverage works. Report the crash to the police right away.
How long do I have to file a pedestrian accident claim in California?
Most California personal injury claims are subject to a two-year statute of limitations under Code of Civil Procedure section 335.1, and claims against a public agency usually require a written claim within six months under Government Code section 911.2. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Which agency takes the report for a pedestrian crash in Marin County?
Inside a city or town, the local police department generally takes the report. On Highway 101, Interstate 580, other state highways, and roads in unincorporated Marin, the California Highway Patrol’s Marin Area office generally does. The responding agency also affects which public entity may be involved later, so write down the agency name and the report number.
Talk to a pedestrian accident lawyer in San Rafael
If you or a family member was hit while walking in Marin County or elsewhere in California, we can review the report, the insurance, and your medical records with you and identify the deadlines that apply. Call (415) 835-4448 or request a free consultation. Se habla español. Office: 1299 4th Street, Suite 301, San Rafael, CA 94901. For more answers, see our California personal injury FAQ.
Contingency fee: no attorney’s fee unless we obtain a recovery for you. Depending on the terms of your written fee agreement, you may be responsible for case costs we advance even if there is no recovery. Your fee agreement explains this before representation begins.
The law and public records described here may change after the date shown above. Every case turns on its own facts, and nothing on this page predicts any outcome, timeline, or value in your matter.