When an injured pedestrian is involved in a crash, they can file pedestrian accident claims if another individual’s wrongful action caused that incident. When pursuing such a case, pedestrians must show that the accident and their injuries result from negligence, such as when a driver is speeding.
If you are injured in a pedestrian crash, this article will help you understand when to file a claim and how to manage it, protecting your rights after an accident.
How Often Do Pedestrian Crashes Happen in California?
California is no stranger to pedestrian crashes. In fact, according to the California Office of Traffic Safety, fatalities resulting from pedestrian accidents accounted for 1,213 in 2022 and 1,106 in 2023.
Moreover, based on the data by UC Berkeley, among all the counties in California, Los Angeles had the most number of pedestrian fatalities from 2020 to 2024, with 1,441 deaths, followed by San Bernardino with 496 fatalities and San Diego with 459 deaths.
What Causes Pedestrian Accidents?
If you or someone you love has been injured while walking, it may be more than just an accident – it could be a case of negligence. Here’s what often causes these collisions:
Distracted Drivers
Today’s vehicles are loaded with technology, touchscreens, alerts, and notifications. Ironically, these “safety” features can become dangerous distractions. Add phones, texts, and social media into the mix, and many drivers are no longer entirely focused on the road, causing distracted driving accidents.
Drowsy Driving
Driving while fatigued may not sound as reckless as drunk driving, but it can be just as deadly. Sleep-deprived drivers suffer from delayed reaction times, reduced focus, and impaired judgment. For pedestrians, that means a driver might not stop in time or at all.
Impaired Drivers
We all know drunk driving is dangerous. Yet people still get behind the wheel under the influence every day. Whether it’s alcohol, drugs, or even certain prescription medications, impaired drivers are a serious threat to everyone, especially vulnerable pedestrians with no protection but a crosswalk and a green light.
Speeding
Speed doesn’t just make crashes more likely; it makes them more deadly. A speeding driver has less time to react and less control over their vehicle. If a speeding car hits a pedestrian, it results in severe injuries or even death.
Road Rage
Angry motorists are more likely to take dangerous risks. When that anger turns into aggression, angry drivers often hit innocent people, such as pedestrians and bystanders, when following another vehicle or speeding out of rage. If you encounter one, don’t engage; protect yourself by staying calm and keeping your distance.
What to Do After a Pedestrian Crash in California
- Step 1: Seek Medical Attention Immediately
After a crash, your body may be in shock, and adrenaline can mask serious injuries. Whether you feel fine or not, get medical help right away. Even minor aches could turn into major problems later, and delaying treatment could jeopardize your recovery and your legal case. A doctor’s evaluation becomes a crucial piece of evidence in proving the extent of your injuries.
- Step 2: Call the Police
Don’t let the driver convince you to “handle it privately.” Request a police officer to respond to the scene. The official report can document key facts: Was the driver under the influence? Speeding? Distracted? Driving without a valid license? These details could make or break your claim later on.
- Step 3: Gather Evidence (If You Can)
If you can, use your phone to take photos or videos of your injuries, the vehicle, the crosswalk, and any traffic signs or signals. Collect the driver’s information and the names and contact details of witnesses. The more you gather now, the stronger your case will be when you’re ready to take action.
- Step 4: Contact a California Pedestrian Accident Lawyer
Once you’re safe and receiving care, call an experienced attorney. You don’t have to face the insurance companies alone or figure out legal procedures by yourself. A lawyer will take over the paperwork, build a case, and fight to make sure you get the compensation for your pain, medical bills, lost income, and emotional suffering.
Can I File a Personal Injury Claim for a Pedestrian Accident?
If someone’s carelessness hurt you, you can file a pedestrian accident claim to receive compensation for the damages.
However, not every injury automatically leads to a claim. You may only have a legal right to compensation if someone else’s reckless or careless behavior caused your accident. To know for sure, ask yourself:
- Did someone else cause or contribute to the crash?
- Did you sustain injuries from the accident?
- Did you suffer losses, like missed work or medical bills?
- Do you have any proof that the driver was at fault?
If you answered “yes” to these, you likely have a case. But if you’re unsure, if something doesn’t feel right, don’t guess. Reach out to a trusted pedestrian accident attorney. They’ll help you understand your rights and the available legal options, all without pressure or upfront costs.
How to Prove Negligence in Pedestrian Accident Claims
Legally, negligence means someone didn’t act the way a reasonable person would in a similar situation. In the context of pedestrian crashes, that might mean:
- A driver speeding through a residential street
- A distracted motorist checking their phone instead of watching the road
- A drunk driver blowing through a crosswalk
Let’s say you were hit while legally crossing at a marked crosswalk. If the driver was speeding and failed to yield, that’s negligence, and it makes them liable for your injuries.
But proving negligence takes more than just saying what happened. You need evidence. That can include:
- Police reports
- Witness statements
- CCTV or dashcam footage
- Photographs of the scene
- Medical records linking your injuries to the crash
If that sounds overwhelming, don’t worry, you don’t have to do it alone. A California pedestrian accident lawyer can help gather evidence, consult with experts, and build a strong case that holds the negligent party accountable.
When Is a Pedestrian Liable for a Crash?
It’s easy to assume that drivers are always at fault when a pedestrian is hit, but the truth is more complex. Just like motorists, pedestrians have a legal duty to act with care and caution when sharing the road. And when that responsibility is ignored, a crash can happen and make them liable for the crash.
Let’s say you’re crossing the street, but not at a crosswalk. You see a car coming, but you’re in a rush, so you step out anyway. The driver doesn’t have time to stop, and you’re struck. In this case, investigators may find that your choice to cross unsafely contributed to, or even caused, the accident. And that could mean you’re responsible, not the driver.
Here are a few other situations where pedestrians may be found responsible for an accident:
- Jaywalking across busy streets instead of using nearby marked crosswalks
- Walking in bike lanes when sidewalks are available
- Ignoring traffic signals or crossing during a “Don’t Walk” sign
- Suddenly entering the road, giving oncoming drivers no time to react
- Texting while walking, distracted and unaware of traffic
- Walking while intoxicated, impairing judgment and reaction time
It’s crucial to speak with a personal injury attorney who can evaluate the facts fairly and help determine whether negligence played a role on either side. Sometimes, fault is shared, and you may still be entitled to partial compensation under California’s comparative fault laws.
Understanding California’s Comparative Negligence Law
California’s pure comparative negligence system allows you to file a personal injury claim even if you were partially at fault. Your compensation will simply be reduced based on your percentage of responsibility.
In the example earlier, if the investigation determined you were 40% at fault and your total damages were $100,000, you could still recover $60,000, while the remaining 40% reflects your portion of responsibility.
Handling situations involving comparative negligence can be challenging. Unfortunately, insurance companies often seize the opportunity to shift blame and reduce payouts. That’s why having a pedestrian accident attorney is vital. They understand the law, know how to counter these tactics, and will fight to protect your right to fair compensation.
What Damages Can Be Paid For in Pedestrian Accident Claims?
After a crash, you may be entitled to compensation that truly reflects what you’ve lost and what it will take to heal. Here’s what damages you can include:
Economic Damages: the tangible losses you incurred that can be justified through receipts and other documentation.
- Emergency room bills, follow-up treatments, and medications
- Physical therapy and future medical needs
- Lost wages while you recover
- Lost earning capacity if your injuries affect your long-term ability to work
- Repair or replacement of damaged property (e.g., if your phone or bike was damaged during the crash)
Non-Economic Damages: The emotional impact of a pedestrian accident.
- Pain and suffering
- Emotional distress and anxiety
- Post-Traumatic Stress Disorder (PTSD)
- Loss of joy in day-to-day activities
- Loss of companionship or affection if relationships are affected
Punitive Damages: In rare pedestrian accident claims where the driver’s actions were not just careless but reckless or intentional, the court may award additional punitive damages to send a message and deter similar behavior in the future.
Some damages are easy to calculate, but others, such as emotional distress or pain, require expertise to value accurately. That’s why working with a seasoned pedestrian accident lawyer matters. We know how to capture the full scope of your suffering, because you deserve justice.
What Insurance Can I Use in a Pedestrian Crash?
If you’ve been hit as a pedestrian in California, you may be wondering whose insurance will cover your medical bills and losses. The answer depends on the circumstances of the crash, but here are the main options:
1. The Driver’s Auto Insurance
California law requires drivers to carry liability insurance. If the driver was at fault, their insurance should pay for your medical expenses, lost wages, and other damages.
2. Your Own Auto Insurance (If You Have One)
Even if you were walking, your own car insurance can sometimes help:
- Medical Payments (MedPay): Pays for your medical bills, regardless of fault.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the driver who hit you has no insurance or too little to cover your losses, UM/UIM can step in.
3. Health Insurance
Your personal health insurance can cover medical care after the accident, though you may need to reimburse your insurer later if you win a settlement.
4. Other Sources of Compensation
- Workers’ Compensation: If you were hit while working (for example, a delivery person or construction worker), you may use your employer’s workers’ comp policy to cover the damages.
- Wrongful Death Claims: If the crash resulted in a fatality, the victim’s family may file a claim against the at-fault driver’s insurance for funeral costs, lost income, and loss of companionship.
Insurance companies often dispute liability or try to pay the bare minimum. Having an experienced pedestrian accident lawyer can make a major difference in maximizing your recovery.
Do I Need a Pedestrian Accident Lawyer in California?
After a serious accident, you’re left juggling medical bills, phone calls, and stress you never asked for. It’s overwhelming. And maybe you’re wondering if you really need a lawyer. If you want a fair shot at justice and real compensation, yes, you do.
Here’s why hiring an attorney can help prove pedestrian accident claims:
-
Expertise That Matters
Pedestrian accidents fall under two primary legal theories: battery (intentional harm) and negligence (careless or reckless actions). Most of the time, it’s the latter, but it takes a skilled lawyer to determine how to frame your case and build it effectively.
-
Proving Liability Isn’t Always Straightforward
Drivers often deny fault. Evidence can disappear. Memories fade. A pedestrian accident attorney will gather critical evidence, speak to witnesses, review traffic footage, and consult experts to prove who was truly at fault.
-
Fighting for the Compensation You Deserve
Insurers might offer a fast settlement that looks good, but it’s usually far less than what you’re entitled to. Your lawyer will evaluate all damages to demand the compensation that reflects your full experience.
-
Handling the Legal Complexities
From confusing paperwork and legal deadlines to courtroom appearances if needed, your attorney manages the heavy lifting so you can focus on healing, not fighting.
-
Support Beyond the Law
We’re not just legal professionals; we’re people who care. A good pedestrian accident lawyer offers more than just case strategy. They provide compassion, clarity, and confidence during one of the most challenging moments of your life.
The Law Offices of Larry H. Parker, located in Southern California, has highly skilled California pedestrian accident lawyers with extensive experience in personal injury law. Contact us at 800-333-0000 or schedule a free consultation for the best legal options.
When you’re unsure where to turn when filing pedestrian accident claims, our car accident attorneys can provide clear answers. Call us for a free consultation.
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 car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“I had a very nice experience with Larry H. Parker representing me. Every time I left a message, I would get calls back. It was a lengthy process, but I have nothing negative to say about their service. I highly recommend them.” – Veronica S.
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.
- How Much Can You Expect to Receive in a Personal Injury Case Regarding a Traumatic Brain Injury?
- 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
- Why Won’t a California Personal Injury Attorney Take My Case?
References
California Traffic Safety Quick Stats. (n.d.). California Office of Traffic Safety. Retrieved April 21, 2025, from https://www.ots.ca.gov/ots-and-traffic-safety/score-card/
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Legal Information Institute. Retrieved April 21, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
Pedestrian and Bicycle Crash Data by County. (n.d.). UC Berkeley. https://catsip.berkeley.edu/resources/crash-data/pedestrian-and-bicycle-crash-data-county
