Pedestrian Accidents in California: Who Is Liable and What Victims Should Do

California pedestrian accident at a marked crosswalk

Pedestrian accidents are among the most serious and life-altering types of injury cases in California. When a vehicle strikes someone on foot, the injuries are often severe, permanent, or even fatal. If you or a loved one has been hit by a car, working with a California pedestrian accident lawyer can make a critical difference in protecting your rights and securing compensation.

Why Pedestrian Accidents Are Increasing in California

Pedestrian right of way laws in California

California consistently ranks among the states with the highest number of pedestrian injuries and fatalities. Heavy traffic, distracted driving, rideshare congestion, and urban development have created dangerous conditions for people walking near roadways.

According to the National Highway Traffic Safety Administration, pedestrian fatalities have increased nationwide over the past several years, with urban areas seeing the highest risk. Drivers failing to yield, speeding, and phone use are among the most common contributing factors.

Common Causes of Pedestrian Accidents

Pedestrian crashes often result from preventable driver behavior. Some of the most frequent causes include:

  • Failure to yield at crosswalks
  • Distracted driving (texting or navigation use)
  • Speeding in residential or downtown areas
  • Driving under the influence of alcohol or drugs
  • Making illegal turns or running red lights

Even when pedestrians are cautious, a single moment of driver negligence can result in catastrophic injuries.

Who Is Liable in a California Pedestrian Accident?

California law generally places a high duty of care on drivers when pedestrians are present. In many cases, the driver who struck the pedestrian is liable for resulting injuries. However, liability can sometimes involve multiple parties.

Potentially responsible parties include:

  • The negligent driver
  • An employer if the driver was working
  • A government entity responsible for unsafe road design
  • Vehicle manufacturers in rare defect cases

A California pedestrian accident lawyer can investigate the crash and identify all liable parties.

California’s Comparative Fault Rule

California follows a pure comparative negligence system. This means a pedestrian can still recover compensation even if they were partially at fault, such as crossing outside a crosswalk. However, compensation is reduced by the percentage of fault assigned.

Insurance companies often attempt to exaggerate pedestrian fault to reduce payouts. Legal representation helps prevent unfair blame.

Common Injuries in Pedestrian Accident Cases

Because pedestrians have no physical protection, injuries are often severe. These may include:

  • Traumatic brain injuries
  • Spinal cord damage
  • Broken bones and fractures
  • Internal organ injuries
  • Severe road rash and soft tissue damage

Many pedestrian injuries require long-term medical treatment and rehabilitation.

What To Do After a Pedestrian Accident

The actions you take after an accident can significantly impact your claim.

  1. Call 911 and request medical help
  2. Document the scene and your injuries
  3. Obtain driver and witness information
  4. Seek immediate medical evaluation
  5. Consult a California pedestrian accident lawyer

Delaying medical treatment or legal advice can weaken your case.

Compensation Available to Pedestrian Accident Victims

California pedestrian accident lawyer consultation

Victims may be entitled to compensation for:

  • Medical expenses and future care
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement

In fatal cases, surviving family members may pursue a wrongful death claim.

Why Hire a California Pedestrian Accident Lawyer?

Pedestrian accident claims are often aggressively contested by insurance companies. A California pedestrian accident lawyer understands how to gather evidence, work with medical experts, and negotiate fair settlements.

Legal representation ensures that victims are not pressured into accepting low offers that fail to reflect the true cost of their injuries.

Time Limits for Filing a Claim

In most cases, California law allows two years from the date of injury to file a personal injury claim. Claims involving government entities may have much shorter deadlines.

Get Legal Help After a Pedestrian Accident

If you were injured while walking in California, you don’t have to face the legal process alone. A qualified California pedestrian accident lawyer can evaluate your case and help you pursue the compensation you deserve.

Early legal guidance can make a significant difference in the outcome of your claim.

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