Immediately After Your Pedestrian Accident
Seek immediate medical attention even if you think you were not seriously injured. It’s essential to have a record of treatment. Contact the police to file a police report. Gather statements from witnesses and any dashcam or CCTV footage/photos you can obtain. Report the accident to the insurance, but don’t discuss the case without an attorney present. Anything you say can hurt your personal injury claim.
Bisnar Chase’s California pedestrian accident lawyers have recovered over $1B for injured clients and maintain a 99% success rate. With nearly 50 years of experience representing only injured plaintiffs, our trial attorneys offer free consultations and never charge a fee unless we win your case.
Call 800-561-4887 for immediate assistance.
Why Choose Bisnar Chase as Your Legal Team?
- Over $1 billion won
- 99% success rate
- Legal advocacy and extensive expertise
- Thorough investigations and injury assessments
- Our injury attorneys are all trial lawyers
- We negotiate medical expenses
- We request medical liens
- Courtroom and litigation representation
- Over 48 years in California, serving only plaintiffs
- Five locations to find an injury attorney near you
- 2026 Best Law Firms in America
- 2026 Litigator of the Year
- No fee if we don’t win
- Free consultation
California Pedestrian Accident Attorney
Why Should You Hire a California Pedestrian Accident Lawyer
Suppose you have been involved in a pedestrian accident. In that case, it is essential to hire an experienced California personal injury lawyer who can help you obtain the justice and compensation that you deserve.
Our pedestrian accident lawyers know how to navigate complex legal proceedings, provide knowledgeable guidance on your case, and fight for your rights throughout the process.
On average, hiring an injury attorney can result in 30% more compensation, often times much more.
If you hire an attorney for a pedestrian accident, they can provide several critical services to help you navigate the legal process and maximize your compensation.
- Investigating the Accident
- Handling Insurance Companies
- Valuing Your Claim
- Filing a Lawsuit
- Going to Court or a Trial
- Financial Negotiations
- Ensuring Compliance with Legal Deadlines
- Providing Legal Advice and Support
- Contingency Fee Basis
Most personal injury lawyers, including those handling pedestrian accident cases, work on a contingency fee basis. They only get paid if you win your case, taking a percentage of the settlement or verdict.
With over 48 years of experience representing injured clients in court and negotiating settlements out-of-court, hiring our qualified attorney gives victims peace of mind, knowing that every aspect of their case has been handled professionally from start to finish.
Do Pedestrians Always Have the Right of Way in California?
Pedestrians in California do not always have the right of way, although they generally do under specific circumstances.
General Right-of-Way Rules
Crosswalks: Drivers must yield to pedestrians crossing the roadway within any marked crosswalk or any unmarked crosswalk at an intersection. California Vehicle Code 21950(a) requires this.
Due Care: California law stipulates that drivers must exercise due care to avoid collisions, even if a pedestrian is outside a crosswalk. This includes slowing down or stopping if necessary.
What is the Statute of Limitations on Pedestrian Accidents in California?
In California, the tolling time for injury cases is two years. It’s essential to file your personal injury claim before that time expires or you will lose the right to. There are a few exceptions, like using the date of when you discovered the injury, but generally, you will need to stay within the two-year period.
What If I was Jaywalking When I Was Hit?
Is Jaywalking Still Illegal in California?
Many people still assume that if you weren’t in a marked crosswalk when a car hit you, your case is automatically weaker. That’s no longer how California law works.
In 2023, the Freedom to Walk Act changed the rules. Police can cite someone for crossing outside a crosswalk only if their crossing created an immediate risk of being struck. Simply being outside a marked crosswalk is no longer sufficient on its own to make the crossing illegal.
That change matters in injury claims, too. Insurance companies used to lean hard on the argument that any mid-block crossing was the pedestrian’s fault. Now the focus is on whether the driver was paying attention and whether the pedestrian’s actions were truly careless under the circumstances. California still uses pure comparative negligence, so even if you share some responsibility, you can usually still recover money, just reduced by your percentage of fault.
If you were hit while crossing the street and someone is telling you that jaywalking kills your case, that advice is outdated.
Under California’s comparative negligence law, you can still recover damages if you were jaywalking, but your share of the fault would reduce your compensation. Depending on how much fault you are responsible for, you could receive 50% less.
Hit-and-Run Pedestrian Accidents
Being struck and then watching the driver leave the scene is one of the most frustrating situations a pedestrian can face. In these cases, the first priority is still your health and getting a police report. The second is figuring out how to get compensation when the at-fault driver can’t be found or has no insurance.
California law requires drivers to stop and render aid. Leaving the scene of an injury collision is a serious crime. For your civil claim, though, the more practical question is coverage. If the driver is never identified, many injured pedestrians can still turn to the uninsured motorist coverage on their own auto policy — even though they were walking at the time. That coverage exists precisely for situations like this.
Time is important. Surveillance video from nearby businesses or traffic cameras can disappear quickly. The sooner a lawyer starts seeking that evidence, the better the chance of identifying the vehicle or the driver.
Can I Use My Own Car Insurance If I Was Hit While Walking?
Yes. Many people are surprised to learn that their own auto insurance can still help them after a pedestrian accident. If the driver who hit you had little or no insurance, or if it was a hit-and-run, the uninsured or underinsured motorist (UM/UIM) coverage on your personal auto policy often applies.
Being on foot doesn’t disqualify you. The key is whether you have that coverage and whether the other driver’s insurance is inadequate or nonexistent. This is one of the most overlooked sources of recovery in pedestrian cases. An experienced personal injury attorney will always check your own policy for this protection early in the process.
Pedestrian Accident Statistics
It is dangerous to be a pedestrian in California. According to the California Department of Motor Vehicles (DMV), pedestrians account for about 19 percent of all traffic fatalities.
Pedestrian accidents can result in catastrophic injuries. Pedestrians are usually unprotected unlike occupants of motor vehicles that are equipped with seatbelts and airbags. In addition, the impact of a large and heavy vehicle can be significant and can result in severe trauma.
According to the California Highway Patrol, 622 people were killed, and 12,023 were injured in California pedestrian accidents in one year alone. That means that nearly two people are killed, and 33 people are injured in pedestrian accidents daily. Many of them were hit and run accidents.
High Fatality Rate: California’s pedestrian fatality rate remains almost 25% higher than the national average. No state has more pedestrian deaths on its roadways than California.
Recent Data: In the first half of 2023, California reported 498 pedestrian deaths, the highest among all states. This represented a decrease of 66 fatalities compared to the same period in 2022.
Urban Areas: Several California metropolitan areas are among the most dangerous for pedestrians. Bakersfield, Fresno, the Inland Empire, Stockton, and Sacramento/Roseville/Folsom have exceptionally high fatality rates.
John Bisnar, California pedestrian accident attorney, often talks about dealing with insurance companies and how adjusters may limit your claim. Always consult with your attorney before you discuss your case with insurance companies. It’s their goal to save money, not maximize accident claims.
California Pedestrian Laws
California has several right-of-way laws that apply to pedestrians. These laws exist to protect vulnerable pedestrians. A number of pedestrian versus vehicle collisions in California occur because motorists fail to follow these laws.
- Drivers must stop and yield the right-of-way to pedestrians who are crossing in marked or unmarked crosswalks or at intersections.
- Motorists should wait when other vehicles are stopped at a crosswalk. Vehicles that are stopped may be letting pedestrians cross.
- Motorists must never drive on sidewalks that are designated as safe routes for pedestrians.
- Motorists must also stop and yield the right-of-way to pedestrians and other vehicles especially when pulling out parking lots or driveways.
- Motorists must allow older, younger, and disabled pedestrians ample time to cross the road.
- Even when a pedestrian is walking outside a crosswalk, a motorist is expected to exercise due caution.
Pedestrians for their part should do the right thing by following the rules of the road and walking only in crosswalks, sidewalks and other areas designated for pedestrians.
All pedestrians would be well advised to wear bright clothing at night, only walk where there is adequate street lighting, stay on the sidewalk, make eye contact with drivers before crossing the roadway and steer clear of distractions, such as talking on the cell phone or texting.
Walking while impaired can also have serious consequences for pedestrians just as driving under the influence for motorists.
To see if you have a case for your injuries, contact our California pedestrian accident attorneys for a free and comprehensive case evaluation. There is no cost if we don’t win your case.
Who is Liable in a California Pedestrian Accident?
In California, when a pedestrian is injured in an accident involving another motorist or any other person, the individual who caused the injury may be held liable for damages.
This can be;
- a motor vehicle driver
- a property owner if it contributed to the accident
- a government entity if it’s a dangerous roadway
- the pedestrian if they contributed to or caused the accident and were negligent.
Liability can attach to either party—the driver of a vehicle that strikes someone walking on foot or even the property owner if negligence played a role in causing the incident.
There can also be shared negligence if both parties caused the accident and this can result in receiving less compensation in your case.
When assessing liability after an accident occurs between two parties—such as car vs pedestrian–it’s important to determine what kind of negligent actions might have occurred, including failure to stop at designated crosswalks and/or running red lights by motorists.
Ultimately, each situation will depend upon its own set circumstances so consulting with an experienced pedestrian accident lawyer in California following the accident is recommended for the most effective results for seeking compensation.
Steps to Take After a Pedestrian Accident
If you have been injured in a California pedestrian accident, it is important that you remain at the scene of the crash site and call the police.
Take down the driver’s contact information and anyone who may have witnessed the accident.
If you have a smartphone or camera with you, take photos of the vehicle, the site of the crash, and your injuries.
It is also important to discuss what happened with the police and to seek out immediate medical attention. Getting medical attention right away will maximize the chances of your recovery and also provide a record when you file your injury claim.
Not following medical advice or attending doctor’s appointments is one of the top reasons you may lose your personal injury case. The key to any successful personal injury claim is proving injury.
If you can prove that you suffered a loss and that the injury was a direct result of the driver’s negligence, then financial compensation may be available for your losses.
Check local businesses for surveillance footage that can help prove who was at fault for your accident.
Do not share your personal life on social media. Insurance companies train their adjusters to find all the social media profiles of plaintiffs to see if they can disprove your claim by finding you involved in activities. Even a minor activity that doesn’t seem like a big deal to you could work against you.
In many pedestrian accident cases, a dangerous or defective roadway may also cause or contribute to the incident. In such cases, the city or governmental agency responsible for maintaining the roadway can be held accountable for the victim’s injuries.
Any personal injury claim against a public entity must be filed within six months of the incident, according to California Government Code Section 911.2.
What is Covered for My Pedestrian Accident Injury Claim?
A successful personal injury claim can result in financial compensation for all of the victim’s losses, including
- medical bills
- lost wages
- loss of earning potential
- pain and suffering
- the cost of surgery, hospitalization, rehabilitation, permanent injuries, and other related damages
What is the Average Settlement for a Pedestrian Accident in California?
There is no single average number that applies to every case. Settlements vary widely based on the seriousness of the injuries, the clarity of fault, available insurance, and the crash’s impact on the person’s ability to work and live normally.
In general terms:
- Soft-tissue injuries and minor fractures that heal relatively quickly often settle in the tens of thousands.
- Cases involving surgery, longer recovery, or more significant orthopedic injuries commonly reach six figures.
- Traumatic brain injuries, spinal cord damage, permanent disability, or wrongful death claims regularly move into the high six figures or well into seven figures.
The more severe and lasting the impact on your life, the higher the potential value. Insurance companies rarely offer fair numbers at the beginning. Having someone who knows how to document the full extent of the harm makes a real difference.
Pedestrian Accident Wrongful Death Claim
If your loved one has been killed in a California pedestrian accident, it may be possible to hold the at-fault party accountable for your loss with a wrongful death claim.
If the driver is cited or arrested in connection with the crash, it will bolster your claim, but he or she does not have to face charges to be held civilly accountable for the crash.
A wrongful death claim seeks compensation from at-fault parties for damages such as medical expenses, funeral costs, lost future income, and loss of love and companionship.
To find out if you are entitled to compensation, discuss your injury case with our pedestrian accident lawyers in California. We have taken on some of the toughest cases with winning results & may be able to help you too.
Common Injuries From a Pedestrian Accident
- Broken bones and fractures
- Head injuries
- Back injuries
- Internal injuries
- Severe facial trauma
- Soft tissue damage
- Musculoskeletal injuries
- Chest and abdominal injuries
- Spinal cord injuries
The severity of these injuries can vary greatly depending on factors such as the vehicle’s speed, the angle of impact, and the part of the body that first comes into contact with the car. If you have been injured, contact our California pedestrian accident attorneys for a free case evaluation. There is no fee if we don’t win. Call 800-561-4887 today.
Common Causes of California Pedestrian Accidents
Pedestrian accident injuries occur all too often in the United States. Common causes of these collisions include walking on or near roads without sidewalks, crossing outside designated crosswalks, and jaywalking when they are not visible to drivers because of large vehicles blocking their view.
Impaired driving due to alcohol consumption is another common cause, as it slows reaction times and increases risk-taking behavior while behind the wheel.
Pedestrians wearing dark clothing at night also create a hazard for themselves since visibility decreases.
Distracted pedestrians who look down at devices such as phones may unintentionally step into traffic lanes with little warning before getting hit by an approaching vehicle.
Drivers failing to yield right-of-way or speeding can lead to catastrophic injuries for those on foot attempting to safely cross streets or intersections where motorized transportation has priority access over walkers’ rights.
Call our top-rated California pedestrian accident lawyers for a free, confidential consultation if you’ve been hurt. There is no fee if we don’t win your case.
Examples of Driver Negligence
There are many forms of driver negligence and wrongdoing that can result in a serious injury or wrongful death. A driver can be held accountable for a crash if he or she was:
- Exceeding the speed limit or traveling at a speed unsafe for the roadway conditions.
- Driving while fatigued or sleepy.
- Operating a vehicle while texting, checking email, answering the phone, playing with an electronic device, or looking away from the roadway while distracted is also a violation.
- Under the influence of drugs or alcohol.
- Behaving recklessly, such as street racing, weaving through traffic, or running through intersections, parking lots, and crosswalks.
Holding an at-fault driver accountable for a California pedestrian accident is not always easy. Victims and their families often need assistance from investigators, police officers, medical professionals, and eyewitnesses.
However, injury claims and civil litigation are often the only ways to receive fair compensation following a serious or fatal crash.
Pedestrian Accidents in Parking Lots
Parking lots create a different set of issues than street collisions. Drivers are often backing up, turning quickly, or looking for spaces instead of watching for people on foot. Visibility is often poor, especially at night or when large vehicles block the view.
Liability can involve more than just the driver. If the property owner failed to maintain reasonable lighting, clear pedestrian paths, or proper traffic flow, they may share responsibility under premises liability rules. These cases sometimes require an investigation into the design and upkeep of the lot itself, not just the driver’s actions.
In the video below, Virginia Tech is working with a company to make it safer for pedestrians by designing a warning technology to reduce accidents.
Call the Best California Pedestrian Accident Lawyers Near You
If you’ve been injured, contact our California pedestrian injury lawyers for a free consultation. We can discuss your case and the right to compensation.
Our law firm will evaluate the evidence in your case and review your medical records to establish a plan for top financial compensation. Whether it’s a motor vehicle accident or another injury, we have the resources and expertise to win tough cases.
We’ve helped thousands recover financially, winning hundreds of millions with a 99% success rate. Call 1-800-561-4887 for a free legal case review.
- Over $1B won
- 99% success rate
- Familiar with all California courts
- 46 years serving injured plaintiffs
- 5 locations to serve Californians
