Top Mistakes That Can Hurt Your Crosswalk Accident Claim

Crosswalk accidents are among the most devastating pedestrian collisions in Orange County. California law is clear: drivers must yield to pedestrians in crosswalks under California Vehicle Code § 21950(a). Despite these protections, negligent drivers continue to cause serious injuries when they fail to obey traffic laws.

If you were struck while in a crosswalk, you may have the right to pursue compensation for your medical bills, lost income, and pain and suffering. However, the way you handle your case in the aftermath can affect the outcome. Even small mistakes may jeopardize your claim. Below are the top mistakes that can hurt your crosswalk accident case — and how you can avoid them.

Failing to Call Law Enforcement Immediately

After a crosswalk accident, many victims believe exchanging information with the driver is enough. This is a critical mistake. Under California Vehicle Code § 20008, any accident resulting in injuries must be reported to law enforcement within 24 hours. More importantly, an official police report documents the incident and preserves vital evidence.

Without a report, the driver may later deny fault, or their insurance company may argue that the accident did not happen as you describe. In Orange County, local agencies such as the Santa Ana Police Department, Irvine Police Department, or Orange County Sheriff’s Department will create a report that serves as valuable evidence for your case.

Delaying Medical Treatment

It is common for victims to underestimate the seriousness of their injuries after being hit in a crosswalk. Adrenaline often masks pain, and some injuries — such as concussions, soft tissue damage, or internal bleeding — may not show immediate symptoms. Waiting to seek care gives the insurance company an opportunity to argue that your injuries were unrelated to the accident.

Prompt medical attention not only protects your health but also establishes a documented link between your injuries and the crosswalk accident. Under California’s burden of proof rules, you must establish your injuries by a preponderance of the evidence. Gaps in treatment weaken this chain of evidence.

Giving Statements to the Insurance Company Without Counsel

After a pedestrian accident, it is common for the at-fault driver’s insurance adjuster to contact you quickly. Although they may seem sympathetic, their primary goal is to minimize the insurer’s financial responsibility. If you provide a recorded statement without legal representation, your words may later be used against you.

Under California Civil Code § 1714, comparative negligence can reduce your recovery if you are found partially at fault. Innocent comments like “I didn’t see the car coming” could be twisted to argue you share responsibility. Always consult a lawyer before giving any statement to an insurance representative.

In today’s digital age, many people share life updates on social media. While it may feel natural to update friends and family after an accident, defense attorneys and insurance companies actively monitor online activity. Posts, photos, or check-ins can be misinterpreted to argue you are less injured than claimed.

California courts allow publicly available social media content to be admitted in litigation. This means that what you share, even casually, could undermine months of preparation. To safeguard your case, avoid posting about your accident, injuries, or recovery until your claim is resolved.

Ignoring the Statute of Limitations

California law imposes strict time limits on personal injury claims. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the crosswalk accident to file a lawsuit. However, if your case involves a government entity — for example, defective crosswalk design or malfunctioning pedestrian signals — the deadline is shorter. The California Government Claims Act (California Government Code § 911.2) requires claims against public entities to be filed within six months.

Missing these deadlines usually means losing the right to pursue damages. Because exceptions are rare, it is critical to consult with an attorney promptly after your accident.

Overlooking Comparative Fault Arguments

Even in cases where the driver is clearly at fault, insurance companies often try to shift blame onto the pedestrian. They may argue you were distracted by your phone, entered the crosswalk against a “don’t walk” signal or “no pedestrian crossing zone” sign, or suddenly stepped into traffic.

Under California law, your compensation gets reduced by the proportion of fault attributed to you. For example, if your damages are valued at $100,000 but you are found 25% responsible, your recovery would be reduced to $75,000.

Do not underestimate how aggressively insurers pursue comparative fault defenses. A skilled lawyer can present evidence such as surveillance footage, eyewitness testimony, and signal data to demonstrate that the driver holds the majority of responsibility.

Accepting a Quick Settlement

Insurance companies understand that accident victims often face financial stress from medical bills and lost wages. To take advantage of this pressure, they may offer a fast settlement. However, initial offers are almost always far below the true value of your claim.

In California, once you sign a settlement release, you generally cannot reopen your claim — even if new complications arise. Accepting prematurely could leave you without resources for future surgeries, rehabilitation, or long-term care. Always review settlement offers with an attorney to ensure full and fair compensation.

Contact an Orange County Crosswalk Accident Lawyer

If you were injured in a crosswalk accident in Orange County, the steps you take immediately afterward will greatly affect your case. From filing a police report and seeking prompt medical care to avoiding harmful insurance tactics and respecting California’s legal deadlines, every decision matters.

At Law Offices of Samer Habbas & Associates, we focus on representing pedestrians injured in crosswalk accidents throughout Orange County. Our attorneys understand how insurers defend these claims and are prepared to hold negligent drivers accountable under California law. You should not have to face this process alone. Contact Law Offices of Samer Habbas & Associates by calling 949-727-9300 or contacting us online for a free consultation. Our Orange County personal injury lawyers will review your case, explain your rights, and guide you through your legal options.