Pedestrians are especially vulnerable to being injured by the negligence of other drivers. Professional bus and truck drivers, as well as everyday automobile drivers owe a reasonable duty of care to pedestrians. What that means is that drivers must exercise reasonable care in watching out for pedestrians, whether on the roadway, in a parking lot, a crosswalk, or a driveway. Failure to exercise such care is negligence; when that negligent action results in a pedestrian being injured, that negligent driver is responsible for those injuries and that pedestrian may be entitled to fair compensation.
Injuries suffered by pedestrians can range from soft tissue injuries, to broken bones, to spinal injuries, loss of limbs, serious internal trauma, or even death.
Sometimes the negligent and responsible party acts even more irresponsibly, and leaves the scene of the collision. Commonly referred to as “Hit and Run,” in California, this is a crime and can greatly affect how your claim is handled, depending on whether the responsible party is ever identified, for example, and/or you have sufficient Uninsured Motorist Protection.
If you are a pedestrian and injured in a collision due to another person’s negligence, you should seek medical attention immediately, then call Tafreshi Law Group to schedule a complimentary consultation with our lead injury attorney.
If you’re involved in a pedestrian accident in California, it’s crucial to take certain steps to protect yourself and your legal rights. First, seek medical attention immediately, even if your injuries seem minor. Next, if possible, document the scene by taking photos of the accident, including any vehicles involved, road conditions, and traffic signs. Exchange contact and insurance information with the driver and any witnesses. It’s also important to report the accident to the police and obtain a copy of the accident report.
After receiving medical treatment, consider contacting a pedestrian accident lawyer to understand your legal options and seek compensation for your injuries. Remember to keep all medical records and documentation related to the accident for your lawyer’s review. By following these steps, you can ensure that your rights are protected and increase your chances of receiving fair compensation for your injuries.
Pedestrian accidents are often caused by distracted driving — texting, talking on the phone, or other in-car distractions — and by speeding, especially on wide arterial streets with heavy pedestrian traffic.
Failure to yield the right of way at marked and unmarked crosswalks is another frequent cause. Poor lighting, obstructed corner sight lines, and driving under the influence of alcohol or drugs also come up in the pedestrian cases we see in Orange County, the Inland Empire and Riverside.
A pedestrian accident lawyer can be a valuable ally if you’ve been injured in an accident. They understand the complexities of pedestrian accident cases and can guide you through the legal process with ease. That knowledge lets them investigate the accident thoroughly, gathering evidence to support your claim. They can negotiate with insurance companies on your behalf, working to ensure you receive fair compensation for your injuries, medical bills, and other damages. If a fair settlement cannot be reached, they are prepared to advocate for you in court.
With an accident lawyer by your side, you can focus on your recovery while they handle the legal aspects of your case, providing you with peace of mind during a challenging time.
Because California uses pure comparative fault, a pedestrian who was partly at fault can usually still recover a reduced amount.
The driver’s liability insurance is usually the first source. California’s minimum auto liability limits are $30,000 per person, $60,000 per accident, and $15,000 for property damage (30/60/15), effective January 1, 2025, which often fall short of a serious pedestrian injury. Uninsured/underinsured motorist coverage — required to be offered under Insurance Code section 11580.2 — may apply even though you were walking. If the driver had no insurance, too little insurance, or fled the scene, the injured pedestrian’s own auto policy — or a household family member’s policy — may provide uninsured/underinsured motorist coverage, even though the person was walking. MedPay and health insurance may help with early bills. If a dangerous crosswalk, missing signal or poor lighting on a public road played a role, a written government claim is often due within six months (Government Code 911.2).
We see pedestrian injuries in parking lots and driveways, at busy signalized intersections, near schools and bus stops, and on wide arterial streets where drivers travel fast — for example Beach Boulevard and Harbor Boulevard in Orange County, and University Avenue and Magnolia Avenue in Riverside. Night-time crashes are common where lighting is poor. Video from nearby businesses, buses and doorbell cameras can be critical and is often recorded over within days.
Most lawsuits against private parties must be filed within two years (CCP 335.1). We cannot promise any result; each case depends on its own facts.
Possibly. California uses pure comparative fault, so your recovery may be reduced but not automatically barred. Drivers still must use reasonable care.
Report it to police right away. Your own or a household member’s uninsured motorist coverage may apply to a hit-and-run.
Parking lot crashes are often handled like other negligence claims, and the property owner may also be responsible if lighting or layout was unsafe.
Nothing. It is free, 24/7, and we work on contingency.
California’s minimum auto liability limits are 30/60/15 as of January 1, 2025. If that is not enough, uninsured/underinsured motorist coverage under Insurance Code section 11580.2 — including a household family member’s auto policy in some cases — may help even though you were on foot.
Orange County: call (949) 989-2511. Riverside, the Inland Empire and the Coachella Valley: call (951) 583-1900. Text (949) 776-8964 any time — we answer 24/7 and the first consultation is free. Our office staff speaks Spanish and Farsi. We work on contingency, so you pay no attorney fees unless we recover money for you. Related: bicycle accidents, car accidents, catastrophic injuries, case results, en español.
We have offices in Fountain Valley (18837 Brookhurst St, Ste 207), Lake Forest (22600 Lambert St, Ste 1501) and Riverside (4121 Brockton Ave, Ste 101).
Attorney Advertising. General information only, not legal advice; contacting us does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
Contact Tafreshi Law Group if you need an experienced pedestrian accident lawyer to represent you. We understand the physical, emotional, and financial challenges that come with being involved in a pedestrian accident, and we are here to support you every step of the way. Whether you were injured in a crosswalk, parking lot, or on the sidewalk, we will fight tirelessly to ensure that your rights are protected and that you receive the compensation you deserve. Contact Tafreshi Law Group today for a free consultation with one of our skilled pedestrian accident lawyers.
Related reading: how to build a strong pedestrian accident case.
