In this article 6 sections
The start of the school year changes the rhythm of every California neighborhood. Mornings and afternoons fill up with kids walking to class, parents crossing with strollers, crossing guards in the street, and drivers in a hurry to make the bell. It is a time of year when everyone near a school needs to slow down.
When a driver does not, the consequences can be devastating. If you or your child was hit while walking, you may be facing hospital visits, missed school or work, and questions about who is responsible and what happens next.
This guide explains the California rules that protect people on foot, what changed in recent years, and the deadlines that matter, especially when the injured person is a child or the claim involves a school district or city.
How Many Pedestrians Are Hurt
According to the National Highway Traffic Safety Administration’s pedestrian fact sheet for 2024 data (published June 2026), 1,090 pedestrians were killed in traffic crashes in California in 2024. That was about 28 percent of all traffic deaths in the state that year.
Nationwide, NHTSA counted 7,080 pedestrian deaths in 2024. Its separate fact sheet on children reported that 172 of those killed were children under 15, and that an estimated 6,615 child pedestrians were injured.
What Drivers Must Do in and Near Crosswalks
Vehicle Code section 21950 requires drivers to yield the right-of-way to a pedestrian crossing within any marked crosswalk, or within any unmarked crosswalk at an intersection. Under Vehicle Code section 275, a crosswalk can exist at an intersection even where no lines are painted, as the extension of the sidewalk lines across the street (unless local authorities have posted signs prohibiting crossing there).
Section 21950 also requires a driver approaching a pedestrian in a crosswalk to exercise all due care and to slow down or take other action as necessary to keep the pedestrian safe.
School zones and school buses
Under Vehicle Code section 22352, the default speed limit when approaching or passing a school posted with a “SCHOOL” warning sign is 25 miles per hour while children are going to or leaving school, including during school hours and the noon recess.
AB 382, signed in October 2025 and in effect since January 1, 2026, now allows cities and counties to set a 20 mph speed limit in school zones by ordinance or resolution. The same law sets a statewide 20 mph school zone limit beginning January 1, 2031, subject to signage and other conditions. That means the limit near your child’s school may be 25 or 20 mph depending on what your local government has done, so watch the signs.
Drivers must also stop for a school bus that is stopped to load or unload children with its red lights flashing, and may not proceed until the lights stop, under Vehicle Code section 22454. A driver on the other side of a divided highway, or a highway with two or more lanes in each direction, does not have to stop.
Daylighting: no parking near crosswalks
California’s “daylighting” law, AB 413, took effect January 1, 2024. Under Vehicle Code section 22500(n), no one may stop, park, or leave a vehicle within 20 feet of the vehicle approach side of any marked or unmarked crosswalk, or within 15 feet of a crosswalk where there is a curb extension, unless a local authority has set and marked a different distance. Before January 1, 2025, cities could generally issue only warnings unless the area was marked. Since then, citations may be issued.
The goal is simple: keep parked cars from blocking the view between drivers and people about to step into the street, especially small children who are hard to see over a hood. When a parked vehicle illegally blocks that view, it may be part of the story of how a crash happened.
What Pedestrians Are Expected to Do
Pedestrians have duties too, and an insurance company will look for any argument that the injured person shares the blame.
- Under Vehicle Code section 21950(b), a pedestrian must use due care for their own safety, may not suddenly leave a curb and walk or run into the path of a vehicle so close that it is an immediate hazard, and may not unnecessarily stop or delay traffic in a crosswalk.
- Under Vehicle Code section 21954, a pedestrian crossing outside a crosswalk must yield to vehicles so near as to be an immediate hazard. But the same section says that does not relieve drivers of the duty to use due care for any pedestrian on the roadway.
The Freedom to Walk Act
AB 2147, often called the Freedom to Walk Act, took effect January 1, 2023. It did not repeal the rules about where to cross. Instead, it changed when police may stop a pedestrian for crossing violations: under Vehicle Code sections 21950, 21954, 21955, and 21961, an officer generally may not stop a pedestrian for those violations unless a reasonably careful person would realize there was an immediate danger of a collision.
Each of those sections also states that the change does not relieve pedestrians of the duty to use due care for their own safety, and does not relieve drivers of the duty to use due care for pedestrians in the roadway.
For an injury claim, the practical point is this: crossing mid-block does not automatically mean the pedestrian is at fault. California uses comparative fault, so an injured pedestrian’s compensation may be reduced by their share of responsibility, but it is generally not wiped out because they were partly at fault.
When the Injured Pedestrian Is a Child
Most California personal injury lawsuits must be filed within two years under Code of Civil Procedure section 335.1. For a child, Code of Civil Procedure section 352 generally pauses that clock while the child is a minor. That extra time can be valuable, but waiting is rarely a good idea. Witnesses move, video is erased, and memories fade.
There is a major exception. Section 352 does not apply to claims against public entities that require a government claim, and many back-to-school crashes involve one: a school bus, a district employee, a city vehicle, a missing crosswalk signal, or a dangerous street design.
Claims against school districts and cities
A claim for personal injury against a public entity, including a school district, city, or county, generally must be presented within six months under Government Code section 911.2. A child’s age does not pause that deadline in the same way. If the six months pass, a late-claim application may be made, but generally no later than one year after the injury (Government Code section 911.4), and the time a child is a minor counts toward that year.
The law does give minors some protection. Under Government Code sections 911.6 and 946.6, a late-claim application generally must be granted, and a court can order relief if the application is wrongly denied, when the injured person was a minor during the entire six-month claim period and the application is made on time. These rules are technical and easy to get wrong, so do not rely on them. Treat six months as the real deadline. Our post on government claims deadlines explains more about how the claims process works.
What to Do After a Pedestrian Accident
If you or your child was hit, the steps in our first 24 hours guide still apply. A few points are especially important near schools:
- Get medical care right away, even if your child says they feel fine. Children may not describe head, neck, or abdominal pain clearly.
- Call the police so a report is made, and get the driver’s name, insurance, and plate number.
- Photograph the scene: the crosswalk, signs, school zone markings, parked vehicles near the corner, and the lighting.
- Identify witnesses, including crossing guards, other parents, and school staff.
- Ask about video quickly. Schools, buses, businesses, and homes may have cameras, and recordings can be overwritten.
- Write down what your child says about the crash in their own words, soon after it happens.
- Avoid recorded statements to the driver’s insurer until you understand your rights.
John Reardon spent nearly two decades treating injured patients as a chiropractor before becoming a lawyer. That experience helps us make sure a child’s injuries, follow-up care, and any lingering symptoms are fully documented, not just the emergency room visit.
Talk to a California Pedestrian Accident Lawyer
A crash near a school raises hard questions quickly: who was at fault, whether a school district or city is involved, and which deadline applies. Our pedestrian accident team can help sort that out, deal with the insurance companies, and make sure claims are filed on time. If your family rides to school, our post on bicycle crashes in California covers the rules for kids on bikes and e-bikes.
The consultation is free, and you pay nothing unless we recover compensation for you. Call us at 657.522.7122.