Pedestrian accidents are among the most devastating personal injury cases in California. When a vehicle strikes a person on foot, the injuries are almost always severe — because pedestrians have no protection against a multi-thousand-pound vehicle. If you or a loved one was struck by a car in California, you have the right to pursue full and fair compensation from the at-fault driver.
This guide explains your legal rights as a pedestrian accident victim in California, how liability is determined, what damages you can recover, and how Krash Lawyers builds the strongest possible case on your behalf.
California Pedestrian Right-of-Way Laws
- Vehicle Code §21950: Drivers must yield the right of way to pedestrians crossing in a marked or unmarked crosswalk at an intersection.
- Vehicle Code §21954: Even pedestrians who are not in a crosswalk must be given a chance to safely cross — drivers must still use due care.
- Vehicle Code §21955: A driver who hits a jaywalking pedestrian is still liable if the driver had adequate time to see and avoid the pedestrian.
- Vehicle Code §21951: A driver must not pass another vehicle stopped at a crosswalk to allow a pedestrian to cross.
Who Is Liable in a California Pedestrian Accident?
The at-fault driver is liable under standard negligence principles if they failed to exercise reasonable care — by speeding, running a red light, failing to yield, driving distracted, or operating a vehicle while impaired.
A vehicle owner may be liable under Vehicle Code §17150. Additionally, if the owner negligently entrusted a vehicle to an unfit driver, they may face liability.
Employers are vicariously liable for accidents caused by employees driving within the scope of their employment — delivery drivers, rideshare drivers, commercial vehicle operators.
Government entities may be liable if dangerous road conditions contributed — missing crosswalk markings, malfunctioning traffic signals, or dangerous road design. These claims require a government tort claim filed within 6 months.
Vehicle manufacturers may be liable if a vehicle defect caused or contributed to the accident.
Comparative Fault in Pedestrian Accidents
Insurance companies defending pedestrian accident cases almost always raise comparative fault — arguing the pedestrian was jaywalking, crossing against the signal, or distracted by a phone. Under California’s pure comparative fault doctrine, your recovery is reduced by your percentage of fault. If you are found 15% at fault and your damages are $500,000, you recover $425,000.
A skilled attorney anticipates comparative fault arguments and builds the record to minimize your percentage of fault. Even if you were jaywalking, the driver may still bear the larger share of responsibility if they failed to take evasive action when they had time to do so.
Common Injuries in California Pedestrian Accidents
- Traumatic brain injury (TBI) — ranging from concussion to severe permanent brain damage
- Spinal cord injuries — fractures, dislocations, or crush injuries that cause partial or complete paralysis
- Orthopedic injuries — broken legs, hips, pelvis, arms, and wrists
- Internal organ damage — blunt force trauma can rupture the spleen, liver, or kidneys
- Psychological injuries — PTSD, anxiety, and depression are common in survivors of serious pedestrian accidents
lt. If you are found 15% at fault and your damages are $500,000, you recover $425,000.
Damages You Can Recover
Economic damages: all past and future medical expenses, lost wages, loss of future earning capacity, in-home care costs, and out-of-pocket expenses.
Non-economic damages: pain and suffering, emotional distress and PTSD, disfigurement and permanent scarring, loss of enjoyment of life, and loss of consortium.
In cases involving drunk driving or deliberate misconduct, punitive damages may also be available under California Civil Code §3294.
Hit and Run Pedestrian Accidents
If you were struck by a driver who fled the scene, you are not without recourse. Your own auto insurance policy’s uninsured motorist (UM) coverage may compensate you even if the at-fault driver was never identified. Krash Lawyers works with investigators, reviews area surveillance footage, and coordinates with law enforcement to identify hit-and-run drivers when possible.
The Statute of Limitations
You have 2 years from the date of your accident to file a personal injury lawsuit in California. For wrongful death claims, surviving family members have 2 years from the date of death. If the responsible party was a government entity, you must file a government tort claim within 6 months. Contact Krash Lawyers immediately — evidence disappears fast.
What to Do After a Pedestrian Accident
1. Get emergency medical treatment immediately. Call 911. Do not walk away without being evaluated.
2. Document the scene if you are able: the vehicle, license plate, road surface, crosswalk markings, traffic signals, and your injuries.
3. Get the driver’s information: name, license, insurance, and vehicle registration.
4. Get witness information. Names and phone numbers of bystanders who saw the accident.
5. Do not give statements to the driver’s insurance company before speaking with Krash Lawyers.
Frequently Asked Questions
Can I recover if I was jaywalking when I was hit?
Yes. Under California’s comparative fault system, you can still recover compensation even if you were jaywalking, as long as the driver was also at fault. Your recovery is reduced by your percentage of fault, but jaywalking alone does not eliminate your right to compensation.
What if I was hit in a parking lot?
Parking lot pedestrian accidents are fully compensable. Drivers owe a duty of care to pedestrians in parking lots, including those in front of grocery stores, shopping centers, and hospitals.
The driver had only minimum insurance. Can I still recover my full damages?
Krash Lawyers pursues all sources of recovery including employer liability when the driver was on the job, and your own UM/UIM coverage when the at-fault driver’s limits are insufficient.
How long will my case take?
Most pedestrian accident cases settle within 6 to 18 months. Cases involving severe injuries or government entities may take longer.
Krash Lawyers Represents Pedestrian Accident Victims Across California
Call us today at (424) 424-6421 for a free consultation. No fee unless we win.
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