Pedestrians have almost no protection in a collision with a vehicle, which is why pedestrian accidents so often result in serious, life-changing injuries. Whether you were crossing at a marked crosswalk in Beverly Hills, walking along a busy street in the San Fernando Valley, or crossing near a school zone, drivers have a legal duty to watch for and yield to people on foot.
Common Causes of Pedestrian Accidents
- Failure to yield at crosswalks and intersections
- Distracted driving — a driver looking at a phone instead of the road
- Left and right turns where drivers focus on oncoming traffic and miss pedestrians
- Speeding, particularly in residential and school zones
- Backing up in parking lots and driveways
- Poor visibility at night or in poorly lit crosswalks
California’s Pedestrian Right-of-Way Laws
Under California Vehicle Code § 21950, drivers must yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk at an intersection. Pedestrians outside of a crosswalk are required under Vehicle Code § 21954 to yield to vehicles, but drivers are still required to exercise due care for the safety of any pedestrian on the roadway — meaning a driver can still be found negligent for hitting a jaywalking pedestrian if they weren’t driving reasonably under the circumstances.
Common Pedestrian Accident Injuries
- Traumatic brain injury
- Spinal cord injury and paralysis
- Fractures, especially to the legs, hips, and pelvis
- Internal bleeding and organ damage
- Wrongful death in the most severe cases
What If I Was Partly at Fault?
California follows a pure comparative negligence rule, meaning that even if you were jaywalking or not fully in a crosswalk, you can still recover compensation — your award is simply reduced by your percentage of fault. There is no cutoff percentage that bars recovery entirely.
Frequently Asked Questions
Do I have a case if I wasn’t in a crosswalk? Possibly, yes. Drivers must exercise due care for pedestrians even outside of crosswalks, and California’s comparative negligence rule allows you to recover reduced compensation even if you share some fault. Who pays for my medical bills after a pedestrian accident? Typically the at-fault driver’s auto insurance, though the process for recovering those costs can require a formal claim or lawsuit. How long do I have to file a claim in California? Generally two years from the date of the accident under Code of Civil Procedure § 335.1. What does it cost to hire a pedestrian accident lawyer? We work on contingency: no fee unless we win. If you or a loved one has been injured as a pedestrian in Los Angeles, Beverly Hills, or anywhere in California, contact The Law Office of Joshua P. Koshki for a free consultation. Free consultation. No fee unless we win.
Serving These California Communities
We help injury victims throughout the Los Angeles area and across California, including:
