5 Common Pedestrian Accidents in California and How to Handle Them

How to Handle 5 Common California Pedestrian Accidents

Most often, pedestrian accidents involve an injured pedestrian and a vehicle, with the driver frequently being seen as automatically at fault. However, this is not always the case. There are other types of pedestrian crashes, and depending on the circumstances, either the driver, the pedestrian, or another party can be liable for the damages.

If you are involved in a pedestrian accident in California, it is crucial to understand the five most common crashes involving pedestrians and how to handle them to protect your rights and receive compensation for the damages you didn’t cause.

When Can a Victim File a Pedestrian Accident Claim?

Negligence is the foundation of most personal injury claims. To successfully win a pedestrian accident case, you must prove that the other party acted carelessly and that this carelessness caused your injury.

Negligence happens when someone fails to act with the level of care that a reasonable person would show in the same situation. In everyday life, it looks a lot like this:

• A driver is speeding through a neighborhood without watching for pedestrians.
• Someone is texting while driving instead of focusing on the road.
• A drunk or impaired driver running through a red light or crosswalk.
• A pedestrian walking outside a crosswalk despite seeing apparent risks.

Apart from negligence, you must show that you incurred injuries. However, not every injury leads to a valid claim. To pursue compensation, you’ll need to show that someone else’s reckless or careless actions caused your accident. Ask yourself:

• Did someone else cause or contribute to what happened?
• Were you physically injured?
• Have you suffered losses, such as hospital bills, missed work, or ongoing pain?
• Do you have any proof, such as photos, witness statements, or a police report?

By answering these questions, you will know whether you have the right to claim compensation. If you are struggling to answer, however, this does not mean that you automatically lose your right. You can seek help from a California pedestrian accident lawyer who can analyze your situation and determine if you can file a claim.

5 Common Pedestrian Accidents in California and Who You Can Hold Liable

No accidents are alike. So, depending on the circumstances of your crash, you can either file a pedestrian accident case or not. To give you an idea, here are the five most common pedestrian accidents in California and how to handle them to ensure your rights are protected. 

1. Crosswalk Collisions

Most crosswalk collisions occur when a pedestrian is lawfully crossing in a marked crosswalk and is hit by a negligent driver. Common causes of this include: 

• Driver inattention
• Failure to yield
• Speeding
• Driving under the influence

How to Handle It:

If the driver acted carelessly and this resulted in a pedestrian accident, you can file a claim against them to receive compensation for the damages. 

However, if you are negligent, for instance, you quickly walk on the crosswalk despite having a red or stop crossing signal, then you can’t pursue compensation for your injuries from the other party. Instead, you will need to cover your own expenses.

1. Parking Lot or Driveway Accidents

In a parking lot or driveway accident, a driver is backing out of a parking spot or driveway and doesn’t see a pedestrian behind their vehicle, resulting in an accident. 

How to Handle It:

Drivers carry a heavy responsibility each time they get behind the wheel, especially in areas where pedestrians are present. Whether it’s a crowded city street, a busy crosswalk, or a neighborhood intersection, drivers are expected to remain alert and cautious. When they fail to do so, and someone gets hurt, the burden of accountability often falls squarely on their shoulders.

But they’re not always the only ones to blame.

Sometimes, the environment itself plays a role. Poorly lit parking lots, faded crosswalk lines, or cluttered walkways can turn a routine walk into a dangerous ordeal. Property owners, including store operators and commercial landlords, have a legal and moral duty to keep their premises safe for foot traffic. When they neglect basic safety measures, such as fixing broken lights, clearing obstacles, or posting warning signs, they put innocent lives at risk. And when injuries occur as a result of that negligence, they too may be held legally liable.

1. Mid-Block or “Jaywalking” Incidents

In California, jaywalking is legal under the Freedom to Walk Act. The law says a jaywalker may cross a street or intersection under the following conditions:

• There are no foreseeable risks or dangers when walking across a particular area.
• When crossing the street outside a designated crosswalk, pedestrians must still yield the right-of-way to vehicles.

Yet, crashes due to jaywalking still occur. A jaywalking accident happens when a pedestrian crosses outside of a marked crosswalk and is struck by a vehicle due to either the pedestrian’s or driver’s negligence. 

How to Handle It:

According to Vehicle Code 21950, both drivers and pedestrians share responsibilities on the road. Pedestrians must exercise caution when crossing, but drivers still have a legal duty to slow down and do everything they can to avoid hitting someone, even if that person is crossing outside a designated crosswalk.

So, when does liability shift when filing a personal injury claim?

Let’s say you’re crossing the street between intersections in a quiet neighborhood. You check both directions, walk carefully, and are clearly visible. Suddenly, a distracted driver barrels around the corner, texting behind the wheel, and strikes you. In this situation, even though you weren’t in a marked crosswalk, the driver may still be held liable because they failed to exercise reasonable care.

On the other hand, you can be responsible for the crash if you abruptly cross a road, despite knowing that a car is nearly approaching. 

1. Sidewalk and Roadside Hazards

An accident can happen when a pedestrian is injured due to a broken sidewalk, construction debris, or unmarked hazards. These crashes are usually due to negligent property maintenance, municipal oversight, and hazardous construction zones.

How to Handle It:

If the sidewalk is located within a private community, such as a gated neighborhood or apartment complex, the property owner or homeowners’ association (HOA) may be liable. They are expected to inspect and repair any hazardous conditions they are aware of or should reasonably be aware of. Ignoring those responsibilities can lead to serious consequences when someone gets hurt.

On public streets, things get more complicated. California law generally requires property owners to maintain the sidewalks adjacent to their homes or businesses, even though the land on which they are located technically belongs to the city. However, just because a property owner pays for repairs doesn’t always mean they’re legally responsible if someone gets injured.

Here’s the key: for a homeowner or business to be held liable for an injury, the city must pass a local ordinance that explicitly holds them accountable for such incidents. If no such law exists, then the city or another government agency may bear responsibility for the unsafe conditions.

1. Hit-and-Run Pedestrian Crashes

Unfortunately, hit-and-run crashes involving pedestrians and the driver fleeing the scene without stopping are too common in California. Between 2012 and 2021, fatal hit-and-run incidents surged by a staggering 89.4% in the United States. During this time, California recorded the highest number of deadly crashes where drivers fled the scene, making it the state with the most tragic outcomes tied to hit-and-runs.

As reported by the Washington Post, many hit-and-run drivers don’t just panic; they flee the scene to avoid the consequences of illegal or irresponsible behavior. Common reasons include:

• Driving without insurance leaves them unable to cover the cost of damages or injuries.
• Operating a vehicle with a suspended or revoked license could lead to criminal charges.
• Being under the influence of drugs or alcohol, and fearing arrest or jail time.

How to Handle It:

If the hit-and-run driver is identified, you may file a claim or lawsuit to recover damages like medical bills, lost wages, and emotional trauma. But even if the driver disappears, you still have options.

Many victims wrongly believe they must cover their losses alone. In reality, uninsured motorist (UM) coverage can step in when the at-fault driver can’t be found.

Here’s how it helps:

• UM Coverage: Acts like a safety net, covering you when the other driver is uninsured or unknown, standard in hit-and-run cases.
• Legal Guidance: A skilled hit-and-run lawyer can review your policy and help trigger this coverage to support your recovery.
• Optional but Critical: California insurers must offer UM coverage, but it’s optional to buy. If you have it, it can make a huge difference.

Don’t assume you’re out of options. A trusted California pedestrian attorney can help you unlock the resources you need to heal physically, financially, and emotionally.

What to Do After a Pedestrian Crash in California

While you have the right to seek compensation for the damages, what you do right after the accident can make or break your case. When involved in a pedestrian crash, it is crucial to do the following to ensure your safety and rights:

1. Get Medical Help Immediately
   Even if you feel “okay,” get checked. Adrenaline can hide serious injuries. Early medical care not only protects your health, it also creates vital documentation for your case.
2. Call the Police
   Always report the accident. A police report can reveal critical details, such as whether the driver was speeding, distracted, or unlicensed, that may support your claim.
3. Gather Evidence (If You’re Able)
   Take photos of your injuries, the vehicle, the crosswalk, and road signs. Gather the driver’s and witnesses’ contact information. Every detail could make a difference later.
4. Talk to a California Pedestrian Accident Lawyer
   Once you’re safe, call a California pedestrian accident attorney. They’ll handle the legal fight while you focus on healing, making sure insurance companies don’t take advantage and that you get the compensation you truly deserve.

What Happens if I Am Partially Liable for the Pedestrian Crash?

If you are partially liable for a pedestrian crash, you still can file a claim for compensation.

California follows a pure comparative negligence system, meaning you can still recover compensation after a pedestrian accident, even if you were partly at fault. Your financial recovery will be adjusted based on your share of the blame.

Let’s say you were crossing the street at dusk, and you weren’t in a marked crosswalk. Meanwhile, a speeding driver failed to slow down or react in time, hitting you in the process. If investigators determine you were 30% responsible because of your location, but the driver bore 70% of the blame due to reckless speed, your $100,000 in damages would be reduced by 30%. That still leaves you with a potential $70,000 recovery.

But here’s the hard truth: insurance companies often weaponize the comparative negligence rule. They may try to exaggerate your share of fault to minimize what they owe or deny your claim entirely. That’s why it’s crucial to have an experienced pedestrian accident attorney by your side. A skilled lawyer doesn’t just know the law; they know how insurers operate, and they won’t let your story be buried or distorted. They’ll fight to ensure you receive the maximum compensation you deserve, no matter how complex the case.

Why Do I Need a Pedestrian Accident Lawyer in California?

After a pedestrian accident, you’re not just dealing with injuries; you’re overwhelmed by medical bills, insurance calls, and a future that suddenly feels uncertain. In moments like these, it’s natural to ask: Do I really need a lawyer?

If you’re hoping for a fair outcome and the financial support you deserve, the answer is yes.

Here’s why hiring a California pedestrian accident lawyer can change everything:

• Clarity in Chaos: Pedestrian crashes usually involve negligence, but not always. A seasoned lawyer will identify whether your case requires carelessness, reckless behavior, or even intentional harm. They’ll know how to frame your case to give you the strongest legal footing.
• Getting to the Truth: Drivers don’t always tell the full story. Witnesses disappear. Camera footage gets deleted. An experienced attorney will jump into action, gathering evidence, locating witnesses, analyzing crash scenes, and working with experts to uncover what really happened.
• Protection from Insurance Tactics: Insurers are quick to offer a settlement, but slow to offer justice. These early offers often fall far short of what you’re truly owed. A lawyer knows how to calculate the full scope of your losses, from immediate medical bills to long-term emotional distress, and won’t let you settle for less.
• Relief from Legal Burdens: The legal process can be draining. There are forms, deadlines, procedures, and negotiations. A pedestrian accident lawyer handles it all so you can focus on recovery, not red tape.
• Support You Can Feel: The best lawyers aren’t just legal advocates; they’re human advocates. They listen, support, and walk alongside you with empathy and clarity when everything feels uncertain.

At The Law Offices of Larry H. Parker, our California pedestrian accident attorneys have helped thousands of pedestrians stand up to injustice and rebuild their lives. Our experienced team is here to protect your rights and fight for every dollar you’re entitled to.

Call 800-333-0000 for a free consultation, and let’s take the next step toward healing, together.

If you need guidance after a car crash, our accident attorneys can help. We offer free, no-risk consultations.

 

What Our Clients Say About Us

While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California pedestrian accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:

“You guys were awesome to me. I appreciate the help & concerns everyone had for my case. Everyone is polite & respectful. I hope I won’t have the need to call again, but I will definitely keep you in mind for myself as well as family and friends. Thank you, LHP.” Chandra A.

Frequently Asked Questions

Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is crucial for protecting your rights and obtaining proper compensation, regardless of whether you are the driver, passenger, or pedestrian. 

If you have further questions, we have answered some of the most frequently asked questions about road accidents. 

• Who is Liable for a Nighttime Pedestrian Accident?
• The Importance of Hiring a Personal Injury Attorney if You Have Been the Victim of a Pedestrian Accident
• Can I Switch California Personal Injury Lawyers?
• What is the Difference Between Hit-and-run and Leaving the Scene of the Accident?

References

comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Cornell Law School. Retrieved April 22, 2025, from https://www.law.cornell.edu/wex/comparative_negligence

Le, S. (2022, October 1). The Freedom to Walk Act is Now Law in California. America Walks. Retrieved September 11, 2025, from https://americawalks.org/the-freedom-to-walk-act-passes/

Psychology 101: Why do drivers involved in crashes flee the scene? (n.d.). The Washington Post. https://www.washingtonpost.com/local/trafficandcommuting/psychology-101-why-do-drivers-involved-in-crashes-flee-the-scene/2018/08/23/96032ca2-a0bc-11e8-8e87-c869fe70a721_story.html

Taylor, E. (2025, February 4). Why Hit-and-Run Accidents Are on the Rise Across the U.S. DaxStreet. https://daxstreet.com/cars/244042/why-hit-and-run-accidents-are-on-the-rise-across-the-u-s/

Vehicle Code 21950. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH