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In California, pedestrian accidents often result in some of the most severe injuries and heartbreaking fatalities on the road. Unlike drivers, pedestrians have no protection from the force of an impact, which can make these incidents life-changing. Even more tragic, many of these accidents could be prevented if drivers exercised more caution and responsibility.

If you or a loved one has been injured by a vehicle while walking, cycling, or any other on-foot activity, you may be eligible to pursue compensation for your injuries and the trauma you have experienced. Contact Porter Simon Sierra Injury Lawyers for a free consultation to learn how we can help you get started.

How Common Are Pedestrian Accidents in California?

According to the latest data from the California Statewide Integrated Traffic Records System, over 12,000 pedestrians are affected by accidents each year in California. While the total number of fatalities and injuries across the state fell sharply between 2019 and 2020, from 15,160 to 11,154, they have since slowly but steadily increased to 12,295 in 2023.

It should come as little surprise that the most pedestrian accidents occur in the Los Angeles metro area, which in 2023 accounted for over 11% of statewide statistics, followed by San Diego and San Bernardino.

What Are the Most Common Causes of Pedestrian Accidents?

While outliers certainly exist, pedestrian accidents are typically caused by driver negligence, which may include any of the following:

• Distracted driving caused by texting, eating, conversation, or looking at directions.
• Driving under the influence.
• Speeding.
• Aggressive or reckless driving, such as not stopping at a stop sign, red light, or crosswalk.

Accidents can also occur because of factors outside of the driver’s control, for instance, poor lighting or weather conditions. In these cases, a pedestrian who has been injured in a car accident may still be able to sue for their injuries, especially if the poor lighting can be attributed to inadequate maintenance of city resources or city planning. Additionally, if sidewalks, crosswalks, or streets are not properly maintained, a case may be able to be made for city liability.

Pedestrian Laws in California

While the definition of the term “pedestrian” that most people are familiar with is used to describe anyone who is walking publicly, the legal definition in California includes:

• Any walker, jogger, or runner.
• Any person using a mobility device such as a wheelchair (even if motorized).
• Any person traveling by way of a non-motorized vehicle powered by human momentum, including skateboards or scooters, but not bicycles.

Apart from understanding the legal definition of the term, it is also important to understand pedestrian right-of-way laws. Like most states, California law requires that drivers stop for pedestrians at crosswalks, but unlike other states, they also have an obligation to stop at intersections even if there is no crosswalk present. Additionally, since the passing of the Freedom to Walk Act, pedestrians in California also have a right to cross in the middle of the block so long as they give motorists enough time to slow down.

Common Pedestrian Accident Injuries

Pedestrian accidents can lead to a wide range of injuries. While some victims are lucky to walk away with only a few scratches and bruises, many suffer from severe complications. These include:

• Head injuries, including traumatic brain injuries and skull or facial fractures.
• Neck or spinal injuries, which may result in nerve damage or paralysis.
• Broken bones, most commonly in the lower half or middle of the body depending on the size and position of the vehicle.
• Internal bleeding or organ damage.
• Emotional trauma, such as PTSD, anxiety, and depression.

Compensation for Pedestrian Accidents in California

In nearly all cases, pedestrians who have been injured in an accident have the right to pursue compensation for their injuries, but they may also be entitled to additional compensation as well. Here are just a few examples of damages that Californians can seek compensation for in a pedestrian accident:

• Medical bills, treatment costs, medication, and physical therapy
• Mental health treatment, including evaluations, therapy, and lingering trauma
• Missing wages while in recovery
• Disfigurement or social loss, such as loss of consortium
• Burial or funeral costs if you are the surviving family member of a loved one who was killed in a pedestrian accident

The compensation you may be entitled to will depend on the seriousness of the accident, your injuries and trauma, the strength of the evidence presented, and the level of negligence involved in your case.

Who is Liable in a Pedestrian Accident?

For many pedestrians injured by a motorist, it may seem that the obvious person responsible is the driver, and in most cases, they are correct. But there may also be circumstances in your case that point to alternative or additional liability. For example, if a pedestrian’s foot is run over by a school bus, the school district may be liable for your medical expenses, not necessarily the driver. The same goes for other commercial drivers, such as truck drivers (trucking company liability) or delivery drivers (company liability). However, if it is found that the driver is responsible for gross negligence, it is likely that they will be held liable.

In other rare cases, there may be evidence that shows the manufacturer of the vehicle is liable or the entity responsible for maintaining sidewalks, streets, or street lamps if these factors contributed to the accident taking place.

What to Do After a Pedestrian Accident in California

• Call 911: In many cases, pedestrian accidents result in serious or even life-threatening injuries. Immediately call 911 and seek medical attention. While you wait for first responders to arrive, exchange information with witnesses and the driver of the car, and take pictures of the vehicle and the surrounding area, but only if it is safe to do so.
• Contact a lawyer: A pedestrian accident lawyer can help you communicate with law enforcement, witnesses, and liable parties while you recover. They will also collect evidence and build your case to protect your chance at a fair settlement.
• Follow your treatment plan: Make sure to keep copies of all medical records and follow your doctor’s treatment plan.
• Document everything: In addition to medical records, be sure to take pictures of your injuries as your condition progresses and keep track of any communication you have with your doctors, law enforcement, insurance representatives, and even your employer while you recover.

How Can a California Pedestrian Accident Lawyer Help?

If you have been hit by a car as a pedestrian, you are likely dealing with a long and painful recovery period. While you heal from your injuries, a pedestrian accident lawyer will work on your behalf to collect evidence, file paperwork, interview witnesses, and initiate your claim. Once they have done this, they will work as your advocate to negotiate a fair settlement that covers your injuries, expenses, and emotional trauma.

Why Choose Porter Simon Sierra Injury Lawyers?

Porter Simon Sierra Injury Lawyers has over 50 years of experience representing victims in pedestrian accidents and other types of personal injury cases. Our team is deeply familiar with the intricacies of local pedestrian and traffic laws in California, ensuring that we can navigate the complexities of each case with confidence and precision. We are proud to have recovered millions of dollars for our clients over the years, but most of all, we take pride in offering personalized and effective counsel to community members across the state.

California Pedestrian Accident: FAQs

Below are a few of the most common questions that our firm receives regarding pedestrian accidents. If you do not see your question listed below, we encourage you to reach out for a free consultation.

How Long Does It Take to Settle a Pedestrian Accident in California?

It depends on the nature of the case. In some pedestrian accidents, locating evidence and communicating with the necessary parties takes time, but in other cases, a settlement may be reached in a matter of months or even weeks. The sooner you file, the sooner the settlement negotiations can begin.

What If I Am Partially At Fault For the Accident?

California uses a comparative negligence model in these cases, which means that a specific percentage of negligence is assigned to each party, which affects the settlement amount. For example, imagine that a person was intoxicated and they accidentally fell into the street, causing them to get hit by a car.

If there are no other factors that contributed to them falling, a judge may determine that the pedestrian was 100% at fault, which would mean that they would be responsible for their own damages. However, if the driver was speeding when the incident occurred, the judge will likely rule that they were at least 50% responsible, if not more, meaning that they would pay at least 50% of the damages.

How Do I Choose the Best Pedestrian Accident Attorney Near Me?

The best way to choose the right pedestrian accident attorney for your case is to look locally, as an attorney familiar with your area will understand any state or local laws that pertain to your case. You will also want to check reviews online and examples of case results where their firm successfully represented pedestrians. If you are still unsure of who to hire, you can also schedule a consultation with your top choices to get a feel for how they operate and what to expect in your case.

Will I Have to Go to Court for My Pedestrian Accident Case?

In most cases, no. The vast majority of personal injury cases (including pedestrian accidents) are settled out of court.