Vehicle Strikes Pedestrian on West San Martin Avenue Near Colony Avenue

Early-morning vehicle-versus-pedestrian crash reported on West San Martin Avenue near Colony Avenue, prompting hard road closures in the area.

Right of way rules for people walking and cycling

California drivers must yield to a pedestrian crossing in a crosswalk, and a crosswalk exists at most intersections whether or not it is painted. Drivers approaching a pedestrian in a crosswalk must also slow down or take other care for that person’s safety. Pedestrians in turn must not leave a curb so suddenly that a driver cannot yield.

Since the 2023 change commonly called the Freedom to Walk Act, an officer generally may not stop a pedestrian for crossing outside a crosswalk unless there is an immediate danger of a collision. That change limits enforcement; it does not remove the pedestrian’s duty to use care, and in a civil case that duty still counts when fault is divided.

A related rule addresses visibility. Parking is prohibited within twenty feet of the approach side of any crosswalk, marked or unmarked, and within fifteen feet where a curb extension is present. A vehicle parked in that zone can hide a person stepping into the roadway from an approaching driver, and since January 2025 the restriction is enforceable whether or not the curb is painted.

For bicycles, the Three Feet for Safety Act requires a driver passing a cyclist travelling in the same direction to leave at least three feet of clearance, and where another lane in the same direction is available and it is practicable and lawful, to change lanes before passing. Where three feet is not possible, the driver must slow to a reasonable and prudent speed and pass only when it would not endanger the cyclist.

Being outside a crosswalk, or not wearing a helmet, does not by itself establish that a pedestrian or cyclist was legally at fault. Under California’s comparative fault rule, those facts are weighed alongside everything else that happened.

California filing deadlines for injury and death claims

In California, a lawsuit for personal injury caused by another person’s negligence generally must be filed within two years of the injury, under Code of Civil Procedure section 335.1. A claim for a death caused by another’s wrongful act or neglect runs under the same two-year period.

Shorter deadlines apply in specific situations. If a city, county or state agency may be responsible, a written claim must normally be presented to that public entity within six months. Claims involving minors, injuries that are not discovered right away, and certain defendants can follow different timelines.

Which deadline applies depends on the facts of each situation, and the standard two-year period does not govern every claim.

After an accident, the right information can make a meaningful difference. If you or a loved one was hurt, The Law Offices of Burg and Brock, Inc. can help you understand your rights and options.

Speak with our legal team today before making important decisions.