Updated October 16, 2026.
Road-safety rules can matter after a pedestrian collision, but they do not all apply to the same situation. Identify where the person was, how the vehicle approached and which rule actually addresses that conduct. A general trend or statistic does not establish fault in an individual case.
Start with the crossing and vehicle movement
Record the intersection, crossing path, vehicle direction and whether the driver was turning. Preserve original video, witness details and photographs of relevant signs. Identify which signal a witness could see rather than assuming every person saw the same phase.
The DMV handbook explains pedestrian and crosswalk rules. A crosswalk can raise issues beyond painted stripes; a site-specific assessment should address the actual location and applicable duties.
Do not confuse bicycle passing with pedestrian crossing
The prior article used “Three Feet for Safety” as though it were a general pedestrian-claim rule. The DMV discusses three-foot clearance in the context of passing bicyclists. It should not be substituted for the rules governing a pedestrian’s crossing.
Likewise, a freeway shoulder incident near a disabled vehicle needs its own analysis. A Move Over issue is not automatically established whenever a pedestrian is near hazard lights, and a possible violation does not eliminate causation questions.
Investigate distraction without assuming it
A witness’s observation, original recording or relevant electronic evidence may warrant review. Distinguish seeing a driver look down from proving phone use at the moment of impact. Do not assume every camera records or that phone records establish exactly where someone was looking.
Preservation may require prompt action, but access to private records must follow proper procedures. Do not attempt to access another person’s account or device yourself.
Separate injury evidence from fault evidence
Obtain appropriate medical care and retain treatment and work-loss records. Describe changes in daily activities accurately. Injury severity does not by itself establish liability or a guaranteed settlement amount.
If road design, a bus or another public-entity issue may be involved, ask about the applicable claim process promptly. A report, negotiation or consultation does not automatically extend deadlines.
Request a free Fairmont Law Firm case review at (800) 324-7666. Intake assistance is available 24/7 in English and Spanish. Bring the location details and records you have so the relevant legal questions can be identified.
General information, not legal advice. Liability depends on the evidence and applicable law.