Dangerous Crosswalks: Caltrans Hit with $28M Verdict; Are Public Walkways Safe?

Every day, pedestrians rely on crosswalks to safely navigate roadways. However, these seemingly secure zones can sometimes be fraught with danger. A recent case in California highlights this issue, with Caltrans being hit with a staggering $28 million verdict for a crosswalk accident that left a minor with severe, lifelong injuries. This raises a critical question: Are public walkways truly safe, and what can be done to protect pedestrians?

The $28 Million Verdict: A Wake-Up Call

In May 2025, a California jury awarded over $28 million to a minor who sustained serious injuries after being struck by a car in a marked crosswalk. The lawsuit alleged that the crosswalk, located at the intersection of Mooney Boulevard and Cross Avenue in Tulare, was a dangerous condition of public property. The McClellan Law Firm, which represented the victim, presented evidence that Caltrans knew the crosswalk was hazardous and had even recommended an overpass be built instead. Despite this knowledge, no action was taken to address the dangers, leading to the tragic accident.

This verdict isn’t an isolated incident. In 2017, Caltrans was found 90 percent at fault in a case involving a 69-year-old man who died after being struck in a crosswalk, resulting in a $9.5 million jury award to the family. The lawsuit highlighted that marked crosswalks without stoplights can create a false sense of security for pedestrians, who may believe drivers will yield to them, even when drivers may not see them due to surrounding traffic.

These cases underscore a concerning reality: government entities can be held liable for damages in personal injury or wrongful death lawsuits if they fail to maintain safe conditions on public property. However, suing a government entity is a complex undertaking that requires an experienced attorney who understands the specific notice deadlines and legal nuances involved.

The Reality of Crosswalk Safety

While crosswalks are intended to enhance pedestrian safety, statistics reveal a more complex picture. According to the National Highway Traffic Safety Administration (NHTSA), a significant percentage of pedestrian fatalities occur on roads without proper crosswalks. In 2006, for example, 42 percent of pedestrian fatalities occurred on roads without marked crosswalks. However, it’s also alarming that a considerable number of fatalities occur even when crosswalks are present. In the same year, another 21 percent occurred in roadways in which a crosswalk was available, but the pedestrian wasn’t using it, and over 500 deaths occurred while using a crosswalk. This suggests that the presence of a crosswalk alone is not enough to guarantee safety.

Several factors can contribute to the danger of crosswalks:

Uncontrolled Intersections: Marked crosswalks at uncontrolled intersections (those without traffic signals or stop signs) can be particularly hazardous.
High Traffic Volume: Studies have shown that on multi-lane roads with high traffic volumes, marked crosswalks alone can be associated with a higher pedestrian crash rate compared to unmarked crosswalks.
Inadequate Lighting: Poor lighting can reduce visibility for both drivers and pedestrians, increasing the risk of accidents, especially at night.
Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted are less likely to see pedestrians in crosswalks.
Failure to Yield: Drivers who fail to yield the right-of-way to pedestrians in crosswalks are a major cause of accidents.
Obstructed Views: Parked cars close to crosswalks and intersections create blind spots that make it harder for drivers to see pedestrians—and vice versa.

California Laws and Regulations

California law mandates that drivers yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk. Vehicle Code 21950 VC is one of the most fundamental laws, which requires motorists to yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk. Motor vehicles are required to yield to pedestrians at a crosswalk. This law also details the duty of care for motorists and pedestrians.

However, pedestrians also have a responsibility to exercise caution and not dart out into traffic unexpectedly. Section (b) says that even while crossing legally, pedestrians must not lunge unexpectedly into the crosswalk, rush into the path of an oncoming vehicle, or delay traffic unnecessarily while crossing. Section (d) says motorists still have a duty of care to protect pedestrians even if they violate their duty of care in section (b).

To further improve pedestrian safety, California has implemented a new “daylighting” parking law. This law, which is now in effect, prohibits parking within 20 feet of any marked or unmarked crosswalk. The goal of this law is to create clearer zones at intersections, enhancing visibility for both drivers and pedestrians.

Who is Most at Risk?

Certain groups of pedestrians are more vulnerable than others:

Children and the Elderly: Pedestrians younger than 16 and older than 65 are at a higher risk of being hit by a car.
Low-Income Communities: Low-income communities often have unsafe roads and a lack of sidewalks, bike lanes, and lighting, increasing the risk for pedestrians.
People of Color: Black and Native Americans are disproportionately affected by pedestrian fatalities.
Pedestrians with Disabilities: People with mobility and vision disabilities face additional challenges when navigating crosswalks and sidewalks.

What Can Be Done to Improve Crosswalk Safety?

Improving crosswalk safety requires a multi-faceted approach involving infrastructure improvements, stricter enforcement of traffic laws, and increased public awareness:

Install Traffic Signals and Stop Signs: Adding traffic signals or stop signs at uncontrolled intersections can significantly reduce the risk of accidents.
Improve Lighting: Enhancing lighting at crosswalks can make pedestrians more visible to drivers, especially at night.
Implement Leading Pedestrian Intervals (LPIs): LPIs give pedestrians a few seconds head start before drivers receive a green light, allowing them to establish their presence in the crosswalk.
Construct Curb Extensions (Bulb-outs): Curb extensions narrow the roadway and shorten the crossing distance for pedestrians, while also improving visibility.
Install Pedestrian Hybrid Beacons (HAWK Signals): HAWK signals are traffic-control devices that stop road traffic and allow pedestrians to cross safely.
Enforce Traffic Laws: Stricter enforcement of laws against distracted driving, speeding, and failure to yield to pedestrians can deter dangerous behavior.
Raise Public Awareness: Educating drivers and pedestrians about crosswalk safety and the importance of following traffic laws can help prevent accidents.
Daylighting: Enforcing the new law that prohibits parking within 20 feet of any marked or unmarked crosswalk.

What to Do If You Are Involved in a Pedestrian Accident

If you or a loved one is injured in a pedestrian accident, it’s crucial to take the following steps:

Seek Medical Attention: Your health and safety are the top priority. Call for an ambulance or go to the nearest hospital to get checked out, even if you don’t think you are seriously injured.
Report the Accident: Call the police and file an official accident report. This report will be important for insurance claims and legal proceedings.
Gather Evidence: If possible, collect information at the scene, such as the driver’s name, insurance information, and license plate number. Take photos of the accident scene, including any visible injuries, vehicle damage, and the crosswalk itself.
Witness Information: Obtain contact information from any witnesses who saw the accident.
Consult an Attorney: Contact a personal injury attorney who specializes in pedestrian accidents. An attorney can help you understand your rights, investigate the accident, and pursue compensation for your injuries and losses.

Seeking Legal Assistance

A pedestrian accident attorney can assist you in several ways:

Investigating the Accident: Gathering evidence, interviewing witnesses, and reviewing police reports to determine liability.
Negotiating with Insurance Companies: Dealing with insurance adjusters and negotiating a fair settlement.
Filing a Lawsuit: If a fair settlement cannot be reached, filing a lawsuit to pursue compensation in court.
Proving Negligence: Demonstrating that the driver or other responsible party was negligent and caused the accident.
Calculating Damages: Assessing the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future care costs.

Conclusion

The $28 million verdict against Caltrans serves as a stark reminder of the dangers that can exist on public walkways. While crosswalks are intended to provide safe passage for pedestrians, they can become hazardous due to a variety of factors, including inadequate infrastructure, distracted drivers, and failure to yield. By understanding the risks, advocating for safer streets, and seeking legal assistance when necessary, we can work towards creating a safer environment for all pedestrians.