How Is Fault Determined in Pedestrian Accident Cases in California?

The streets of California in cities like Los Angeles are often busy at all times of the day and night, both with vehicles and pedestrians. Unfortunately, pedestrian accidents can happen regularly in our state. How is fault determined in pedestrian accident cases in California? If you walk often, you should know the answer to this question in case you ever find yourself in such a situation.

What Is a Pedestrian Accident?

A pedestrian accident occurs when a vehicle hits a person who is not in a vehicle. This can happen not only when a person is walking on or crossing the street, but also in parking lots or when a person is getting off a bus or rideshare.

According to the U.S. National Highway Traffic Safety Administration, a pedestrian was injured every eight minutes, and one was killed every 72 minutes in a traffic accident in 2023.

Pedestrian accidents often occur in the following ways: 

• A person being hit while crossing the street illegally, known as jaywalking.
• A distracted driver not yielding to a crosswalk or a person legally crossing the street at an intersection.
• A driver backing out of a parking spot and not seeing someone standing or walking behind their car.
• A driver making a left or right turn on red without realizing a pedestrian has the “walk” signal.
• A pedestrian suddenly darting out from the side of the road in front of a moving vehicle.
• A walker or runner on the road being hit at night or in low-visibility areas.

How Fault Is Determined in a Pedestrian Accident Case in California

In California, determining the person at fault in a pedestrian accident all comes down to negligence and adherence to the law. Drivers and pedestrians are expected to adhere to traffic laws for their safety and the welfare of others around them.

In 2023, more than 75% of pedestrian fatalities in the country happened when a pedestrian was walking in a non-intersection area of the road. Under section 21950 of the California Vehicle Code, all vehicle drivers must yield and give right-of-way to pedestrians crossing the street at a marked crosswalk or intersection.

That same section also states that pedestrians need to take accountability for their actions and not suddenly dart across the road or unnecessarily hold up traffic when in a marked or unmarked crosswalk.

While Section 21954 also says pedestrians should yield right-of-way to vehicles when crossing the street at any point they are not in a marked crosswalk or legally crossing in an intersection, it also states that drivers should “exercise due care” to help keep pedestrians safe.

Because of these laws, either party could be at fault in a claim, or both parties can potentially share fault. Under California’s pure comparative negligence rule, if the Superior Court of California determines both the driver and pedestrian are at fault, the compensation the pedestrian is awarded can be greatly reduced by their amount of fault.

For example, if a judge rules the accident was 40% the pedestrian’s fault and 60% the driver’s fault, the pedestrian would only receive $40,000 out of a $100,000 settlement.

A personal injury lawyer can use evidence and expert testimony to defend your case against the comparative negligence rule.

Why Should I Hire a Pedestrian Accident Lawyer?

Determining who’s at fault in a pedestrian accident in Southern California can be tricky. It’s beneficial to hire a pedestrian accident lawyer who can help establish the driver’s negligence by gathering evidence, such as: 

• Medical records
• Photos taken at the scene
• Police reports
• Surveillance videos
• Witness statements

A California pedestrian accident attorney can also work with an accident reconstruction professional to recreate the accident scene and analyze how it happened and who was likely at fault.

FAQs About Pedestrian Accident

What Should I Do Immediately After a Pedestrian Accident in California?

If you’re involved in a pedestrian accident in California, the very first thing to do is dial 911 to seek immediate medical care and notify the police of what happened so they can take down a report and start collecting evidence. Next, you should call a pedestrian accident attorney who knows California’s pedestrian accident laws and can build you a strong case for an outcome you’re pleased with.

What Is the Deadline to File a Pedestrian Accident Claim in California?

Under section 335.1 of the California Code of Civil Procedure, the deadline to file most pedestrian accident claims is two years after the date of the accident. If your claim is against a government entity, the deadline shortens to six months. Failure to file your claim by the specified deadline can result in it being thrown out, so it’s very important to note those deadlines and adhere to them.

What Compensation Can You Receive From a Pedestrian Accident?

There are two main types of compensation that you may be able to receive through a pedestrian accident claim: economic and non-economic damages. Economic damages are financial losses, such as current and future medical bills and lost wages if you’re unable to work. Non-economic damages have no monetary value and can include pain and suffering, loss of enjoyment of life, and post-traumatic stress disorder (PTSD).

What Does It Cost to Hire a Pedestrian Accident Attorney in California?

The cost to hire a California pedestrian accident lawyer is dependent upon your specific case, its complexity, and the level of experience of the lawyer. When you meet with your lawyer, they can give you an estimate of costs and legal fees once they have an understanding of your unique case.

Hire Our California Pedestrian Accident Lawyer Today

Sadly, pedestrian accidents are not uncommon in Southern California. In fact, Southern California counties, including Los Angeles and San Bernardino Counties, were in the top five counties with the most pedestrian accidents resulting in serious injuries and fatalities in 2022.

It’s important to know your rights as a pedestrian in case you are ever in an accident with a vehicle.

Call Amendt Law today to learn more about how our legal team, with more than 24 years of experience in personal injury law, can help.