Please ensure Javascript is enabled for purposes of website accessibility
September 18, 2025

Who’s Liable When a Pedestrian Is Hit in a Crosswalk in Burbank?

Walking through Burbank’s neighborhoods should be safe, especially when crossing at designated crosswalks. Yet every year, more pedestrians are injured or killed in crosswalk-related accidents throughout Burbank and greater Los Angeles. Whether near schools, intersections, or busy shopping areas like Magnolia Park or downtown Burbank, pedestrian accidents have become a serious public safety concern.

Unlike vehicle-to-vehicle crashes, collisions between drivers and pedestrians often result in catastrophic injuries. With little to no physical protection, pedestrians may suffer broken bones, traumatic brain injuries, spinal damage, or worse—even when crossing legally and with the right-of-way. Tragically, some of these accidents result in fatalities, leaving families devastated and searching for justice.

If you or your loved one has been hit by a vehicle while walking in a Burbank crosswalk, you’re likely facing overwhelming medical bills, lost income, and pain—both physical and emotional. And you’re probably asking one critical question: Who is liable?

California Crosswalk Laws and Pedestrian Rights

Overview of California Vehicle Code § 21950

Under Vehicle Code § 21950, drivers are legally required to yield the right-of-way to pedestrians crossing the street within marked or unmarked crosswalks at intersections. This law is designed to protect people on foot, especially in urban areas like Burbank where foot traffic is common near schools, parks, shopping centers, and transit stops.

Key points of the law include:

  • Vehicles must slow down or stop when a pedestrian is in a crosswalk
  • Drivers are expected to exercise due care to avoid colliding with pedestrians
  • This applies to both marked crosswalks and unmarked ones at intersections

Pedestrian Rights and Responsibilities

While pedestrians have the right-of-way in most crosswalk scenarios, they are also expected to act responsibly. California law requires pedestrians to:

  • Not suddenly leave a curb and walk or run into the path of a vehicle
  • Avoid actions that make it impractical for a driver to yield
  • Obey traffic signals and crossing indicators

Exceptions and Shared Responsibility

Even though drivers are usually held responsible in crosswalk cases, liability can be shared. If, for example, a pedestrian darted out between cars or ignored a “Don’t Walk” signal, they may be found partially at fault under California’s comparative negligence system.

This means:

  • The injured pedestrian can still recover compensation
  • But their recovery may be reduced by their percentage of fault

Determining Liability in a Crosswalk Accident

Driver Negligence

In most crosswalk accidents, the driver is at least partially at fault, especially when their actions directly cause the crash. Common examples of driver negligence include:

  • Failing to Yield: Not stopping for a pedestrian who is legally crossing in a marked or unmarked crosswalk.
  • Speeding: Driving too fast to stop safely, especially in school zones or near intersections.
  • Distracted Driving: Texting, talking on the phone, using in-car apps, or simply not paying attention.
  • Driving Under the Influence: Alcohol or drug impairment significantly increases reaction time and reduces awareness.
  • Running Red Lights or Stop Signs: Ignoring traffic control devices puts pedestrians at serious risk, especially when they have the right of way.

Pedestrian Behavior

Although pedestrians have strong legal protections, they also have a duty to act responsibly. In some cases, pedestrian behavior can contribute to or cause an accident:

  • Jaywalking: Crossing the street outside of a crosswalk or against a signal can make it harder for drivers to see or anticipate the pedestrian’s presence.
  • Stepping Into Traffic Without Warning: Even in a crosswalk, pedestrians must give drivers enough time and space to yield. Suddenly entering the road from behind a parked car or during heavy traffic could lead to shared fault.

Shared Fault and California’s Comparative Negligence Rule

California follows the rule of pure comparative negligence, which means that an injured party can still recover damages even if they were partially at fault for the accident.

Here’s how it works:

  • A jury (or insurance adjuster) assigns a percentage of fault to both parties.
  • The pedestrian’s total compensation is then reduced by their percentage of fault.

This system allows for fairness in complex situations where both parties share some responsibility.

Other Potentially Liable Parties in a Crosswalk Accident

City of Burbank or Other Government Entities

The City of Burbank, Los Angeles County, or other public agencies can be held liable when dangerous road conditions or poor infrastructure contribute to a pedestrian accident.

Common examples include:

  • Poorly designed intersections or crosswalks that limit visibility or confuse drivers
  • Malfunctioning traffic signals, including lights that are out of sync or completely inoperative
  • Faded crosswalk markings or signs that haven’t been properly maintained
  • Lack of proper signage, lighting, or warning signals near schools, parks, or busy intersections

When a city fails in its duty to maintain safe public roadways, it may be held accountable. However, claims against government entities in California must be filed within 6 months under the California Tort Claims Act, making it crucial to act quickly.

Vehicle Manufacturers

Sometimes, a pedestrian accident occurs not because of driver error, but because the vehicle itself was defective. In these cases, the vehicle manufacturer or parts supplier may be held liable under product liability law.

Defects that could lead to liability include:

  • Brake failure or poor braking performance
  • Malfunctioning sensors or collision-avoidance systems
  • Faulty steering or acceleration systems
  • Defective tires or lighting systems

Commercial or Company Drivers

If the driver who struck the pedestrian was on the job at the time of the accident, their employer may also be liable under a legal principle called respondeat superior. This doctrine holds companies accountable for the actions of their employees performed within the scope of their employment.

Additional liability may exist for:

  • Negligent hiring – employing a driver with a history of DUIs or reckless driving
  • Lack of training or supervision – failing to properly educate or monitor the driver
  • Failure to maintain company vehicles – if the vehicle was in poor condition

What to Do After a Crosswalk Accident in Burbank

Call 911 and File a Police Report

Always call 911 to report the incident—even if your injuries seem minor. A formal police report creates an official record of the crash, including:

  • Driver and pedestrian statements
  • Witness names
  • Preliminary fault assessment
  • Scene observations by officers

Seek Immediate Medical Attention

Your health comes first. Even if you feel "okay" initially, get checked out by a medical professional. Some injuries—like concussions, internal bleeding, or soft tissue damage—can take hours or days to fully appear.

Prompt medical care also documents the connection between the accident and your injuries, which is crucial for your claim.

Collect Evidence at the Scene (If Possible)

If you're able—and it's safe to do so—gather as much information from the scene as possible:

  • Photos or videos of the crosswalk, street signs, traffic signals, vehicle damage, and your injuries
  • Witness contact information (names, phone numbers, or emails)
  • Details about the time of day, lighting, and road conditions

Get Insurance and ID Info from the Driver

Treat the incident like a typical car crash. Ask the driver for:

  • Driver’s license
  • Vehicle registration
  • Insurance details
  • Contact number and plate number

Avoid Giving Statements to Insurance Companies Without Legal Guidance

Insurance adjusters may contact you quickly and ask for a recorded statement or offer a fast settlement. Politely decline until you've spoken with a personal injury attorney.

Why? Because insurers are trained to:

  • Minimize payouts
  • Shift blame
  • Use your words against you

Contact a Personal Injury Attorney as Soon as Possible

Don’t delay in seeking legal help—especially if your injuries are serious or if you suspect city infrastructure played a role. At Tim Wright Law, we can:

  • Investigate the accident
  • Determine all liable parties (drivers, city, employers, etc.)
  • Preserve crucial evidence
  • Handle all negotiations and paperwork on your behalf

Injured in a Crosswalk? Know Your Rights.

Pedestrians have the legal right to safety when using crosswalks in Burbank. But when that right is violated by a negligent driver, poor road design, or a preventable traffic hazard, the consequences can be life-changing. Whether you’re dealing with painful injuries, mounting medical bills, or the emotional trauma of a loved one’s accident, you don’t have to face it alone.

At Tim Wright Law, we’re committed to helping injured pedestrians and their families understand their rights and recover the compensation they deserve. The sooner you act, the better your chances of building a strong, successful case. Time-sensitive evidence like surveillance footage, witness statements, and traffic signal data can be critical—and it’s often lost or deleted quickly.

📞 Call Tim D. Wright Today for a Free Consultation
Office: 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
📱 (323) 379-9995
📧 firm@timwrightlaw.com 🌐 www.timwrightlaw.com

🔗 Follow us for legal tips and pedestrian safety updates:
Facebook | Instagram | Twitter