When a pedestrian is struck and killed by a vehicle, the consequences for the surviving family are immediate and permanent. California law provides families with a path to seek accountability — but that path has specific legal requirements and deadlines that must be understood and acted upon promptly.
Wilshire Law Firm represents families throughout California who have lost a loved one in a fatal pedestrian accident. Our attorneys handle every aspect of the wrongful death claim.
Fatal Pedestrian Accidents in California: The Scope of the Problem
California’s Office of Traffic Safety (OTS) and Caltrans SWITRS data consistently show that pedestrian fatalities represent a significant share of the state’s total traffic deaths each year. Los Angeles County, with its density of pedestrian activity and high-volume roadways, accounts for a disproportionate share of these fatalities.
Common locations for fatal pedestrian accidents in California include:
- Marked crosswalks — Despite the legal protection crosswalks provide, they remain the location of many pedestrian fatalities when drivers fail to yield
- Unmarked crosswalks and intersections — California law extends pedestrian right-of-way to unmarked crosswalks at intersections as well
- Mid-block crossing points — While jaywalking carries legal consequences, it does not eliminate driver liability for a failure to exercise reasonable care
- Parking lots and private property — Fatal accidents in commercial parking areas and private properties also give rise to civil liability
- High-speed arterial roads — Multi-lane roads with high speed limits create particular risks when pedestrian activity is present
Driver Liability in Fatal Pedestrian Accidents
California Vehicle Code § 21950 requires all drivers to yield the right-of-way to pedestrians crossing in a marked or unmarked crosswalk. This duty of care applies even when the pedestrian’s crossing behavior may have been imperfect.
California’s pure comparative negligence rule governs situations where the pedestrian may have been partially at fault — for example, if they were crossing against a signal or outside a crosswalk. Under pure comparative negligence, the family can still recover damages, but the recovery is reduced by the percentage of fault attributed to the pedestrian.
This is an important point that prevents many families from pursuing valid claims: many assume that if their loved one was jaywalking or crossed against a signal, they have no case. That assumption is incorrect under California law. Even if a pedestrian was 30% at fault for the circumstances that led to the collision, the family can still recover 70% of the total damages from the driver.
Other parties who may bear liability in a fatal pedestrian accident include:
Vehicle manufacturers — If a vehicle defect such as a brake failure, sudden acceleration, or headlight failure contributed to the collision.
Government entities — If a dangerous road condition, poorly designed intersection, inadequate signage, or failed traffic control device created the hazard. Claims against government entities require filing a Government Tort Claim within six months.
Property owners — In accidents occurring on private property, such as parking lots, the property owner’s negligence in maintaining safe conditions may be a basis for liability.
Hit and Run Pedestrian Fatalities
Some fatal pedestrian accidents in California involve a driver who fled the scene. When the driver cannot be identified, the family may still be able to recover compensation through:
- Uninsured motorist coverage on the deceased’s own auto policy or a household family member’s policy
- Other available insurance in the household
Even when the driver is identified, California’s minimum liability insurance limits — $15,000 per person — are grossly inadequate in fatal cases. Underinsured motorist coverage and other responsible parties may provide additional avenues of recovery.
→ See also: Hit and Run Lawyer California
Who Can File a Wrongful Death Claim After a Fatal Pedestrian Accident?
Under California Code of Civil Procedure § 377.60, eligible claimants include the deceased’s surviving spouse or domestic partner, children, and financially dependent family members. Parents may have standing if there are no surviving children.
→ See also: Los Angeles Wrongful Death Lawyer | Wrongful Death Lawyer California | Fatal Car Accident Lawyer
Damages Families Can Recover
Surviving family members can seek:
- Lifetime financial support the deceased would have provided
- Household services and contributions
- Loss of companionship, comfort, care, and guidance
- Funeral and burial expenses
- Pre-death medical expenses and pain and suffering (through a simultaneous survival action under CCP § 377.30)
California does not cap non-economic damages in negligence-based wrongful death cases.
Statute of Limitations for Fatal Pedestrian Accident Claims
A wrongful death lawsuit must be filed within two years from the date of death in most cases (CCP § 335.1).
Government entity exception: When the accident involved a dangerous government-owned road or intersection, or a driver operating a government vehicle in the course of their duties, a Government Tort Claim must be filed within six months of the death before any lawsuit can proceed.
Wilshire Law Firm: Representing Families Across California
Wilshire Law Firm represents families in Los Angeles, San Diego, Irvine, Oakland, Sacramento, Riverside, Beverly Hills, Torrance, and communities throughout California. We handle fatal pedestrian accident cases on a contingency fee basis — no fees unless you get paid.
Frequently Asked Questions
Can we file a claim if our loved one was jaywalking?
Yes. California’s pure comparative negligence rule means the family can still recover even if the pedestrian was partially at fault. Fault is apportioned between all parties, and the family recovers the portion attributable to the driver and other negligent parties.
What if the driver fled the scene?
Uninsured motorist coverage on the deceased’s auto policy or a household family member’s policy may provide compensation even when the driver is unknown. An attorney can identify all available insurance coverage.
Can we sue the city for a dangerous intersection?
Potentially yes, if a government-owned road condition or intersection design contributed to the accident. A Government Tort Claim must be filed within six months of the death. Wilshire Law Firm can handle this process.
What if the accident happened in a parking lot?
Fatal pedestrian accidents on private property — including commercial parking lots — may give rise to premises liability claims against the property owner in addition to any claim against the driver.
Does Wilshire Law Firm charge upfront fees?
No. Wilshire Law Firm handles fatal pedestrian accident cases on a contingency fee basis — no fees unless you get paid.
Contact Wilshire Law Firm
If your family has lost someone in a fatal pedestrian accident in California, contact Wilshire Law Firm for a free, confidential consultation.
No fees unless you get paid. Available 24/7.
