Maison Law represents victims injured in crosswalk accidents. California Vehicle Code 21950.5 covers the removal of crosswalks in California and the required processes involved. The statute says crosswalks cannot be removed unless notice and opportunity to dispute the removal is provided no less than thirty days to the community. In addition to a public notice, the proposed removal must be posted at the crosswalk identified for removal.
Why are Crosswalks Removed in California?
Crosswalks in California can be elected to be removed by the local city or county government to make changes to the existing roads. These changes could include:
- Attempting to make the road safe by putting the crosswalk in a less congested area
- Lane expansion for a busy highway
- Round-a-bouts replacing intersections
For example, a 4-way stop intersection is notorious for having accidents due to drivers running stop signs. In addition to vehicle accidents, pedestrians have also been injured attempting to cross the street at this intersection. Elected officials could opt for a safer flow of traffic by eliminating the 4-way stop for a round-a-bout. Round-a-bouts promote a continuous flow of traffic instead of the stop-and-go flow of a 4-way stop. Traffic in a roundabout is not required to stop; it only yields. The crosswalks at this intersection would then be removed and placed at a less congested intersection on the same street.
Pedestrian Right-of-Way Laws in California
According to the California Office of Traffic Safety, in 2018 nearly 900 pedestrians were killed in California roadways and more than 14,000 were injured. These numbers are astronomical because so many motorists fail to give pedestrians the right-of-way on the road. If more drivers understood California’s pedestrian right-of-way laws, more lives could be saved. California Vehicle Code 29150 states:
“The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.”
This statute, however, does not give pedestrians the right-of-way at any given time. A pedestrian must yield to vehicle traffic on the road anywhere that’s not a marked or unmarked intersection. According to California Vehicle Code 21950 (b), pedestrians owe a legal duty to motorists to exercise due care for themselves and other pedestrians around them. CVC 21950 (b) states:
“This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
Contact a Pedestrian Accident Lawyer in California
If you or a loved one has been involved in a pedestrian accident in California, the accident attorneys at Maison Law can help. We understand the enormous mental, physical, and financial toll an accident can have on a person’s life and we make it our mission to pursue a settlement to match the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.
