Pedestrians are among the most vulnerable roadway users in California. When a vehicle strikes a person on foot, the results are frequently catastrophic: traumatic brain injuries, spinal cord damage, complex fractures, internal organ damage, and wrongful death. Even at relatively low speeds, the force of a vehicle against an unprotected person can cause serious harm. California law imposes a duty of care on drivers to exercise reasonable caution around pedestrians, and those who fail in that duty can be held accountable.
Common Causes of Pedestrian Accidents
- Drivers failing to yield to pedestrians in marked and unmarked crosswalks
- Distracted driving at intersections and in pedestrian-heavy areas
- Speeding in school zones, residential neighborhoods, and urban corridors
- Drivers running red lights or failing to stop at stop signs
- Backing-up accidents in parking lots and driveways
How Yadegar Law Firm, PC Can Help
Establishing driver fault often involves analyzing traffic camera footage, witness statements, police reports, and accident reconstruction data. Pedestrian accident cases often involve serious, permanent injuries that require lifetime care, which may call for medical and life-care planning evidence to help project future costs. We pursue compensation for traumatic brain injuries, fractures, spinal damage, and the long-term impact on our client's ability to work and enjoy life.
How Pedestrian Accidents Commonly Happen
Pedestrian crashes in Los Angeles frequently occur at intersections and crosswalks when a driver making a left or right turn fails to yield to someone crossing legally, when a driver runs a red light or stop sign, or when a vehicle backs out of a driveway or parking space without checking for people on foot. Poor visibility at night, distracted driving, speeding on residential streets, and drivers failing to stop for pedestrians in marked and unmarked crosswalks are also common contributing factors, particularly in busy commercial corridors and near schools throughout the San Fernando Valley.
Injuries Common to Pedestrian Crashes
Because pedestrians have no protective structure around them, injuries from being struck by a vehicle tend to be severe. We frequently see traumatic brain injuries and skull fractures, spinal cord injuries, multiple fractures including of the pelvis and legs, internal organ damage, and in the most serious cases, injuries that are fatal. Even crashes at relatively low speeds can cause life-changing harm to a pedestrian.
Who May Be Legally Responsible
In most pedestrian crashes, the driver who struck the pedestrian is the primary responsible party, particularly where the driver failed to yield, was speeding, or was distracted. Depending on the facts, liability can also involve a government entity if a dangerous road design, missing signage, or malfunctioning traffic signal contributed to the crash, or an employer if the driver was working at the time. California law generally requires drivers to exercise caution around pedestrians even outside marked crosswalks, and fault is not automatically assigned to a pedestrian simply for crossing mid-block.
Comparative Fault and Pedestrian Claims
Insurance companies often try to argue that a pedestrian contributed to their own injuries, for example, by crossing outside a crosswalk or against a signal. California follows a pure comparative fault rule, meaning a pedestrian can still recover damages even if found partially at fault, with the recovery reduced by their percentage of fault. That makes it important to have an attorney evaluate the specific facts rather than accept an insurer's initial assessment of fault.
Insurance Issues Specific to Pedestrian Cases
Because a pedestrian generally has no vehicle insurance of their own involved in the crash, the claim usually proceeds against the at-fault driver's auto liability policy. If the driver fled the scene or was uninsured, a pedestrian's own uninsured motorist coverage (if they have auto insurance in their household) may be available to help cover the loss. In hit-and-run cases, prompt investigation to identify the driver is critical, and California's Victims of Crime program may provide limited assistance in some circumstances.
Evidence That Matters in a Pedestrian Case
- Police reports and any citations issued at the scene
- Traffic and nearby business surveillance video
- Photos of the crosswalk, signage, and lighting conditions
- Witness statements
- Vehicle damage and any event data recorder information
- Medical records documenting the extent of injury
What to Do After Being Struck as a Pedestrian
Get medical attention right away, even if injuries seem minor at first. Call the police so a report is generated, and try to get the driver's information and any witness contact details if you are physically able. Photograph the crosswalk, traffic signals, and the vehicle involved, and avoid discussing fault with the driver or their insurer before speaking with an attorney.
How Yadegar Law Firm Handles Pedestrian Accident Cases
Pedestrian injury cases often involve serious, life-altering harm, and insurance companies frequently try to shift blame onto the injured pedestrian. Jonathan Yadegar is directly involved in every case, works to investigate the facts to help establish fault, and can pursue litigation when insurers do not offer fair value. Yadegar Law Firm takes pedestrian accident cases on a contingency fee basis, and offers free, bilingual consultations to pedestrians and families throughout Los Angeles and the San Fernando Valley.
If you were struck by a vehicle while walking, contact us for a free case review.