Many Bakersfield families cross quiet neighborhood streets every day without a second thought. Then a driver rolls through the intersection, and a routine walk ends in an ambulance. If this happened to you, you may wonder whether the missing paint weakens your claim. In most cases, it does not. California law recognizes an unmarked crosswalk at most intersections, and drivers must yield to you there just as they would at painted lines.
What Is an Unmarked Crosswalk in California?
California Vehicle Code Section 275 defines a crosswalk in two ways. First, it covers the area where the sidewalk lines would extend across the road at an intersection where the streets meet at roughly right angles. Second, it covers any part of the road that lines or other surface markings set aside for crossing.
That first definition matters most. A crosswalk exists at an intersection whether or not anyone painted it. Think of an unmarked crosswalk as the invisible path that connects one corner’s sidewalk to the sidewalk across the street.
The law does carve out two exceptions. The definition excludes lines extended from an alley across a street. Local authorities can also post signs that prohibit crossing at a specific spot, and no crosswalk exists where those signs stand.
Drivers Must Yield at Every Unmarked Crosswalk
Under Vehicle Code Section 21950, a driver “shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” The same statute requires drivers who approach a pedestrian in a crosswalk to use all due care, slow down, and take any other action needed to keep that person safe.
The California Driver’s Handbook from the DMV gives drivers the same message in plain terms. It states that pedestrians have the right-of-way in marked or unmarked crosswalks and that not all crosswalks are marked. A driver who says “I didn’t see a crosswalk” has not offered a legal excuse.
Common driver errors at these intersections include:
- Rolling through a stop sign while watching only for cross traffic
- Turning right or left without checking for people on foot
- Speeding through residential streets
- Passing a car that has stopped to let someone cross
- Looking at a phone instead of the road
Your Duty of Care as a Pedestrian
The law also asks pedestrians to act reasonably. Section 21950 states that pedestrians must use due care for their own safety. It bars anyone from suddenly walking or running into the path of a vehicle so close that it creates an immediate hazard. Pedestrians also may not unnecessarily stop or delay traffic while in a crosswalk.
Crossing outside a crosswalk changes the rules. Vehicle Code Section 21954 requires a pedestrian outside a marked or unmarked crosswalk to yield to vehicles close enough to pose an immediate hazard. Even then, drivers keep their duty to exercise due care for anyone on the roadway.
This balance explains why the exact location of the crash matters so much. A clear record of where you crossed can shape your entire claim.
Spotting an Unmarked Crosswalk in Bakersfield
Bakersfield has older neighborhoods, newer subdivisions, and wide streets where paint often appears only at signals or school crossings. Families walk to parks, schools, churches, and bus stops through many intersections without painted lines. Each of those corners can hold a legal unmarked crosswalk.
Parents should keep this in mind. Children often cross at residential corners on the way to class, and our guide on what to do if your child is hurt walking to school in a crosswalk explains next steps for families. Older adults on daily walks face similar risks, especially when drivers misjudge their pace. Low light at dawn and dusk, along with sun glare, can make a person on foot harder to see. A driver who cannot see clearly must slow down rather than push through the intersection.
These rules fit into a larger set of traffic duties. Our overview of Bakersfield right-of-way laws covers intersections, turns, and crosswalks across the city.
How California Decides Fault After a Pedestrian Crash
California follows a pure comparative fault system. A jury or insurer assigns each party a percentage of responsibility, and your compensation drops by your share. Even if you carry some blame, you may still recover damages. Our article on how comparative negligence works walks through examples.
California Civil Code Section 1714 sets the general rule that everyone is responsible for injuries their lack of ordinary care causes to others. In an unmarked crosswalk case, the insurer may argue that you stepped out too quickly or that no crosswalk existed. Strong evidence answers those arguments:
- Photos of the intersection, corners, and sidewalks
- Dashcam or doorbell camera footage from nearby homes
- Names and phone numbers of witnesses
- The police report and any citation the officer wrote
- Medical records that connect your injuries to the crash
What to Do After a Driver Hits You
- Call 911 and get medical care right away, even if you feel fine.
- Ask officers to note exactly where you crossed.
- Photograph the intersection before anything changes.
- Collect contact details from the driver and any witnesses.
- Decline to give a recorded statement to the driver’s insurer.
- Keep receipts, bills, and notes on how your injuries affect daily life.
Our page on steps to take after a pedestrian accident offers more detail. Timing matters too. Code of Civil Procedure Section 335.1 generally gives injured people two years to file a personal injury lawsuit, and our post on the California statute of limitations explains the details. Claims against a city or county agency can carry much shorter deadlines, so speak with a lawyer early.
How We Help After an Unmarked Crosswalk Injury
Pedestrian crashes cause serious harm nationwide. According to the National Highway Traffic Safety Administration, 7,080 pedestrians died and more than 71,000 suffered injuries in U.S. traffic crashes in 2024. Behind every number stands a family.
At Colvin Accident Lawyers, we know a pedestrian injury can upend your work, your family routines, and your sense of safety in your own neighborhood. Our Bakersfield pedestrian accident lawyers investigate the scene, gather evidence, and handle the insurance company so you can focus on healing. You can read what past clients say on our testimonials page.
If a driver hit you at an unmarked crosswalk, you do not have to face the next steps alone. Call us at (661) 616-1177 or contact us online for a free consultation. We answer the phone 24/7.
