Pedestrian accidents occur when a vehicle hits someone on foot, and because a person has no metal frame around them, the injuries are rarely minor. Pedestrian-vehicle crashes account for only around one in ten Los Angeles collisions, but claim more than a third of the city’s roadway deaths. California pedestrian accident laws are built around that imbalance, giving walkers real legal protection that many drivers, and even some insurers, do not fully understand.
Crosswalk Right-of-Way, and the Duty That Comes With It
A driver must yield to a pedestrian crossing within any marked crosswalk, or within an unmarked crosswalk at an intersection.[1] That right-of-way is not unconditional. Pedestrians also carry a duty of care: a pedestrian cannot suddenly leave a curb and walk or run into the path of a vehicle that is too close to stop safely.[1] Both duties matter in a real case. Insurers often cite the pedestrian’s duty to argue you share the blame; we hold the driver to the reciprocal duty they owe you, which requires reducing speed and taking care to avoid a crossing pedestrian.
Jaywalking Alone Does Not Bar Your Claim
California’s Freedom to Walk Act decriminalized jaywalking when it can be done safely, meaning a pedestrian crossing outside a marked crosswalk is not automatically at fault for a resulting collision.[2] A driver still owes a duty of care to any pedestrian on the roadway, and speeding, distraction, or failure to keep a lookout can make the driver liable even when the pedestrian was mid-block.
Common Causes of Pedestrian Accidents
- Distracted Driving: a driver checking a phone can miss both the crosswalk sign and the person in it.
- Drunk or Drowsy Driving: pedestrians have no protection from an impaired driver’s unpredictable movements and no time to react.
- Failing to Yield: sometimes road rage, sometimes a genuine misunderstanding of California’s crosswalk laws.
- Speeding and Failure to Signal: a car that fails to signal a turn can enter a crosswalk a pedestrian reasonably believed was clear.
Who Can Be Held Liable
Liability most often rests with the driver who struck you, but other parties can share responsibility, including the public entity responsible for a dangerously maintained crosswalk, sidewalk, or intersection signal.
Claims against a California public entity, such as a Metro bus or a city-owned vehicle, carry a much shorter deadline: a formal administrative claim must generally be presented within six months of the crash under the Government Claims Act, not the standard two years.[3] Missing that window can end an otherwise strong case before it starts.
What to Do After a Pedestrian Accident
- Call the police and get an official report
- Stay at the scene until help arrives, unless it is unsafe to do so
- Collect witness names and contact information before people disperse
- Avoid discussing fault with the other driver or any insurance adjuster
- Get medical care immediately, even for injuries that seem minor
Where Pedestrian Accidents Happen
- Marked and Unmarked Crosswalks: the most common site, where a turning or distracted driver fails to yield.
- Parking Lots and Structures: low-speed but still dangerous, especially where backup cameras and mirrors leave blind spots.
- Sidewalks: struck by a vehicle exiting a driveway or by a driver who has lost control of their vehicle.
- School Zones: reduced speed zones exist precisely because child pedestrians are harder for drivers to anticipate.
Types of Pedestrian Injuries
- Fractures and Broken Bones: common from direct vehicle impact.
- Traumatic Brain Injury: ranging from concussion to lasting cognitive impairment, often requiring long-term traumatic brain injury treatment.
- Spinal Cord Injury: can cause partial or complete paralysis, and a spinal cord injury often carries a lifetime of care needs.
- Internal Injuries: organ damage or internal bleeding that is not immediately apparent and requires emergency evaluation.
Who Can Be Held Liable
The driver who struck you is the most common defendant, but liability can extend further. If the driver was working at the time, such as a delivery or rideshare driver between jobs, their employer or the platform’s insurance can share responsibility. A government entity can be liable when a dangerous intersection, missing crosswalk signal, or unrepaired sidewalk contributed to the crash. And a vehicle or parts manufacturer can face a separate claim when a defect, such as a failed braking system, played a role.
California Statute of Limitations for Pedestrian Claims
Standard claims: generally two years from the date of the crash under Code of Civil Procedure section 335.1.[4]
Government entities: a formal administrative claim is generally required within six months of the crash under the Government Claims Act, not the standard two years.[3]
Minors: California generally pauses, or tolls, the two-year clock for a minor’s personal injury claim until the minor turns 18, though a claim against a government entity has its own separate notice requirements that a parent or guardian should not assume will wait.
Compensation for a Pedestrian Accident Claim
- Healthcare expenses, past and future
- Lost income and reduced future earning capacity
- Pain and suffering, scarring, and disfigurement
- Loss of consortium and, in fatal cases, wrongful death damages
How Haffner Law Builds Your Pedestrian Accident Case
Insurers frequently argue that a pedestrian appeared out of nowhere or crossed unsafely. We counter that argument with traffic signal timing data, nearby surveillance and dashcam footage, and, where available, event data recorder information showing the driver’s speed and braking in the seconds before impact. Reconstructing exactly where you were and what the driver could have seen is often the entire case.
We also track both deadlines running against you at once: the standard filing deadline against the driver, and the much shorter administrative deadline if a public entity’s bus, vehicle, or dangerous road condition was involved. Missing either one can end a valid claim before it starts, which is why we confirm which deadlines apply to your case in the first conversation, not the last.
California Pedestrian Accident Law FAQs
What is the statute of limitations for a pedestrian accident in California?
Generally two years from the date of the crash under Code of Civil Procedure section 335.1.[4] If a public entity was involved, the window shrinks to six months. If a minor is involved, the deadline may be extended. Confirm your exact deadline with an attorney rather than relying on the general rule.
Do I still have a claim if I wasn't in a crosswalk?
Yes. California’s Freedom to Walk Act means crossing outside a marked crosswalk is not itself a crime when it can be done safely.[2] A driver still owes a duty of care to any pedestrian on the roadway, and speeding, distraction, or failure to keep a lookout can make the driver liable even mid-block.
What if the driver was a bus or other public vehicle?
Claims against a California public entity, such as an LA Metro bus, generally require a formal administrative claim within six months under the Government Claims Act.[3] This deadline is far shorter than the standard two years, and missing it can end an otherwise strong case.
Can a driver blame me for the crash?
A driver can argue you share some fault, and California vehicle accident laws can reduce, but never eliminate, your recovery based on your share. Pedestrians do carry a duty not to suddenly step into the path of a car too close to stop, but that duty does not erase a driver’s separate obligation to watch for and yield to people on foot.
Why do I need a pedestrian accident lawyer?
An experienced lawyer investigates the crash, gathers surveillance footage and witness statements, negotiates with the insurance company, and identifies every liable party, including public entities where a dangerous road condition played a role.
Speak With a California Pedestrian Accident Lawyer
After a pedestrian accident that wasn’t your fault, you need compensation, and the responsible party needs to be held accountable. Haffner Law can make sure both happen. Our attorneys investigate thoroughly, negotiate aggressively, and take cases to trial when insurers won’t offer fair value. We serve injured pedestrians from our California locations, with our principal office on Ventura Boulevard in Sherman Oaks.
Call (213) 514-5681 for a free case evaluation. We will tell you exactly what deadline applies to your case and what it is worth.
