California Pedestrian Accident Lawyers

• Drivers must yield to pedestrians in marked and unmarked crosswalks and use due care everywhere else (Veh. Code §§21950, 21954); a pedestrian outside a crosswalk does not lose the right to recover.
• California recorded 1,106 pedestrian deaths in 2023, 27 percent of all traffic deaths in the state, and most happen on a small share of high-speed arterial roads.
• If you were partly at fault, your recovery is reduced by your share, not eliminated (pure comparative negligence).
• Hit-and-run and uninsured drivers do not end the case: your own or a household member's uninsured motorist coverage can pay, if the crash is reported to police within 24 hours (Ins. Code §11580.2).
• Two years to file (Code Civ. Proc. §335.1), but only six months to present a claim against a city, county or Caltrans for a dangerous crosswalk, signal or road (Gov. Code §911.2).

Sources: Veh. Code §§21950, 21954, 21955, 22350 · Ins. Code §11580.2 · Code Civ. Proc. §335.1 · Gov. Code §911.2 · UC Berkeley SafeTREC, 2025 Traffic Safety Facts (FARS 2023) · Li v. Yellow Cab Co. (1975) 13 Cal.3d 804

Wilshire Law Firm is an award-winning, nationally recognized team that has recovered compensation for thousands of injured Californians, including a $36 million recovery for a pedestrian who suffered a traumatic brain injury after being struck by a vehicle, and a settlement ranked by TopVerdict.com as the #1 truck vs. pedestrian accident settlement in California for 2024. Pedestrian cases turn on evidence that disappears fast: intersection camera footage, the driver's phone records, event-data-recorder downloads from the vehicle, LADOT and Caltrans signal-timing logs, and witness accounts. We send preservation demands in the first days, retain accident-reconstruction experts when the driver disputes who had the right of way, and handle every conversation with the insurance companies so you can focus on healing. There are no fees unless you get paid.

Take five steps to protect your health and your claim. First, get medical attention immediately, even if you feel able to walk away; pedestrian injuries are often internal or delayed. Second, call 911 so a police report is created, which also satisfies the 24-hour reporting rule for uninsured motorist coverage if the driver flees. Third, photograph the scene, the vehicle, the crosswalk or roadway, any signals, and your injuries. Fourth, collect the driver's insurance information and witness names. Fifth, speak with a pedestrian accident lawyer before giving a recorded statement to any insurer; adjusters often use those statements to argue the pedestrian "darted out."

California law places the primary duty on the driver. A driver must yield to a pedestrian crossing in any marked crosswalk or in an unmarked crosswalk at an intersection, and must slow down or take whatever action is needed to safeguard the pedestrian (Veh. Code §21950(a), (c)). A pedestrian may not suddenly leave the curb into the path of a vehicle so close that it is an immediate hazard (§21950(b)), and a pedestrian crossing outside a crosswalk must yield to vehicles that are an immediate hazard (§21954(a)). Neither rule relieves the driver of the duty of due care (§§21950(d), 21954(b)). Since January 1, 2023, the Freedom to Walk Act has also barred officers from citing a pedestrian for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of collision (§21955(b)), so a "jaywalking" argument carries far less weight than insurers suggest. Drivers turning right on red must yield to pedestrians in the adjacent crosswalk (§21453(b)), and every driver is bound by the basic speed law to drive no faster than is reasonable for conditions (§22350).

Injured pedestrians in California can generally recover both economic and non-economic damages. Economic damages include current and future medical expenses, rehabilitation and physical therapy, assistive equipment, lost wages and lost earning capacity. Non-economic damages include pain, suffering, disfigurement, and loss of enjoyment of life. Because pedestrians absorb the full force of a vehicle, these cases frequently involve traumatic brain injuries, spinal cord injuries, pelvic and leg fractures and amputations, and the future-care component is often the largest part of the claim. In a fatal case, surviving family members may pursue a wrongful death claim. Every case is different, and a legal professional can review your losses during a free case review.

Most pedestrian accidents trace back to preventable driver negligence: failing to yield at crosswalks, left and right turns made without checking the crosswalk, speeding, distracted driving, driving under the influence, and running red lights or stop signs. Roadway design contributes too. California recorded 1,106 pedestrian deaths in 2023, 27 percent of all traffic deaths in the state, and roughly one in five occurred at intersections; the rest were concentrated on wide, high-speed arterials with long distances between marked crossings, poor lighting and missing sidewalks. When design is a factor, the city, county or Caltrans may share responsibility. Establishing which driver or entity was negligent is central to your claim, and our attorneys handle that investigation for you.

Liability usually rests with the driver who failed to exercise reasonable care, but more than one party may be responsible. The vehicle's owner is liable for a permissive driver's negligence up to statutory limits (Veh. Code §17150). A commercial employer is responsible for a driver on the job, and a rideshare company's coverage applies when the driver was logged in to the app. A city, county or Caltrans can be liable for a dangerous crosswalk, a malfunctioning signal or a known high-injury corridor left unfixed, subject to the six-month government claim rule. If you were partly at fault, California's pure comparative negligence rule reduces your recovery by your percentage but does not bar it (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Identifying every liable party matters because it determines the insurance available to you.

In most cases, two years from the date of the incident to file a personal injury lawsuit (Code Civ. Proc. §335.1). Two deadlines are much shorter. A claim against a government entity for a dangerous crosswalk, signal or roadway, or for a government vehicle, must be presented in writing within six months (Gov. Code §911.2). And if the driver fled, uninsured motorist coverage generally requires that the crash be reported to police within 24 hours and to the insurer under oath within 30 days (Ins. Code §11580.2(b)). Because missing a deadline can end your case, it is best to speak with a legal professional early.