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Personal Injury
Fatal Pedestrian Accident Lawyer in California
Did a driver strike and kill someone you love? A pedestrian’s death leaves a family with permanent loss. Wilshire Law Firm — an award-winning, nationally recognized team — is here to help. Contact us 24/7 for a free case review with a legal professional; there are no fees unless you get paid.
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Understanding Your Pedestrian Accident Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
California law limits who may bring a wrongful death claim to specific surviving family members. Under California Code of Civil Procedure § 377.60, eligible claimants generally include the deceased person's surviving spouse or domestic partner, their children, and other financially dependent family members. If there are no surviving children, a parent may be able to file. A legal professional can review your family's relationship to the deceased during a free case review.
Surviving families can generally recover both financial and personal losses. These commonly include the lifetime financial support the deceased would have provided, the value of household services and contributions, loss of companionship, comfort, care, and guidance, funeral and burial expenses, and any pre-death medical expenses and pain and suffering. Because every family's losses are different, a legal professional can review what your case may involve.
A driver is generally liable when their negligence caused the pedestrian's death. California Vehicle Code § 21950 requires drivers to yield to pedestrians in marked and unmarked crosswalks, and common failures include speeding, distracted driving, impaired driving, and failing to yield. Fatal accidents often occur in marked crosswalks, unmarked intersections, mid-block crossing points, parking lots, and high-speed arterial roads. Our attorneys investigate the crash to establish which party was at fault.
Compensation may still be available even when the driver flees the scene. Uninsured motorist coverage on the deceased's own auto policy — or on the policy of a household family member — may provide a source of recovery when the responsible driver cannot be identified or carries no insurance. California's minimum liability coverage is only $15,000 per person, so uninsured and underinsured motorist coverage is often critical. A legal professional can review the available policies with you.
In most California wrongful death cases you have two years from the date of death to file a lawsuit (California Code of Civil Procedure § 335.1). If a government entity may be responsible — for example, a dangerous road or intersection — you generally must file a government tort claim within six months of the death before you can sue. Because missing a deadline can end your case, it is best to speak with a legal professional early.
Meet Our Pedestrian Accident Attorneys
Nationally-Recognized Powerhouse, Fighting for the Justice You Deserve
Our award-winning attorneys have recovered billions for clients while taking on insurance companies and major corporations.
Colin M. Jones, Esq.Senior Partner and Senior Trial Attorney, Chair of the Personal Injury Litigation Department
Jennifer P. Burkes, Esq.Senior Partner & Strategic Advisor, Personal Injury Litigation Department
Mary Lee Caruso, Esq.Senior Partner
Ryan Casey, Esq.Senior Partner and Trial Attorney
Tae-Yoon Kim, Esq.Senior Partner
Alivia E. Abreu, Esq.Partner
Shervin G. Ghanoongooi, Esq.Partner
Christopher Goodroe, Esq.Partner
Nathan A. Guest, Esq.Partner and Trial Attorney
Brian M. Jacobson, Esq.Partner
Ariella Perry, Esq.Partner$10.3M
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Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
Can We File a Claim If Our Loved One Was Partly at Fault?
Yes — in most cases a family can still recover even if the pedestrian was partially at fault. California follows a "pure comparative negligence" rule, which means a wrongful death recovery is reduced by the deceased person's percentage of fault rather than barred entirely. This applies even in situations like crossing outside a crosswalk. Because fault is often disputed by insurers, contact Wilshire Law Firm for a free case review with a legal professional.
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17#1 Settlements in California, 2022–2024*
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#1 Bus v. Passenger Accident Settlement
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#1 Whistleblower Retaliation Settlement
2023
#1 Underinsured Motorist Settlement
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#1 Slip & Fall Accident Settlement
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#1 Negligent Security Settlement
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#1 Ladder Accident Settlement
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#1 Hotel Premises Liability Settlement
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#1 Car v. Car Collision Settlement
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#1 Bicycle Accident Settlement
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#1 Pregnancy Discrimination Settlement
2022
#1 Age/Disability Discrimination Settlement
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#1 Wrongful Termination Settlement
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#1 Meal & Rest Breaks Settlement
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*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Pedestrian Accident FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
Under Cal. Code Civ. Proc. § 377.60, eligible claimants generally include the deceased's surviving spouse or domestic partner, children, and certain other dependent heirs. These family members may seek compensation for their losses from the death. An attorney can confirm who is eligible to file in your family's case.
Generally, yes. Under California's pure comparative negligence rule from Li v. Yellow Cab Co., a family can still recover even if the pedestrian was partly at fault — for example, crossing mid-block — with the award reduced by that share. Drivers still owe a duty of reasonable care to everyone on the road.
Potentially. If a government-owned road or intersection contributed to the death, the responsible public entity may share liability, but you generally must file a written government claim within six months under Cal. Gov. Code § 911.2 before suing. These deadlines are strict, so act quickly and confirm them with an attorney.
Compensation may still be available through uninsured motorist coverage on the deceased's own auto policy, or on a household family member's policy, which can apply even in a hit-and-run. This coverage is governed by Cal. Ins. Code § 11580.2, and police may be able to identify the driver. An attorney can review the available options.
Most wrongful death lawsuits must be filed within two years of the date of death under Cal. Code Civ. Proc. § 335.1. When a government entity is involved, a six-month government-claim deadline applies first. Deadlines have exceptions, so confirm yours promptly with an attorney. We handle fatal pedestrian accident and wrongful death cases on contingency, which means there are no fees unless you get paid.