Pedestrian Accident Attorneys in California

Who Is Liable in a California Pedestrian Accident?

California Vehicle Code section 21950 generally requires drivers to yield to pedestrians crossing within a marked crosswalk or an unmarked crosswalk at an intersection. Pedestrians must also use reasonable care, but an allegation that a pedestrian was careless doesn’t automatically eliminate the driver’s duty.

California comparative negligence principles allow fault to be divided among the people or entities whose conduct contributed to a collision. Liability depends on the location, traffic controls, crosswalk status, conduct of each party, and available evidence.

Potentially responsible parties can include:

• Motor vehicle operators: Drivers may be responsible for speeding, disobeying traffic signals, turning through a crosswalk, driving while distracted, or failing to yield.
• Truck drivers: A truck driver may be liable for failing to check large blind spots, misjudging distance, or otherwise operating the vehicle negligently.
• Vehicle owners or employers: Depending on the facts, an owner or employer may share responsibility for a driver’s conduct.
• Manufacturers: If a defective vehicle or component contributed to the crash, a manufacturer or another party in the distribution chain may be liable.
• Trucking companies: A trucking company may face liability when its training, maintenance, supervision, or safety practices contributed to the collision.
• Property owners or government entities: A dangerous condition involving a roadway, sidewalk, lighting, or obstructed sight line may raise additional claims under the applicable facts and law.

We investigate beyond the initial insurance narrative. Traffic-camera footage, nearby surveillance video, police reports, witness statements, photographs, vehicle data, and scene measurements can help establish how the collision happened. When liability is disputed or several parties may share fault, our trial-ready structure allows us to develop the evidence needed for litigation.

What Damages Are Recoverable in a Pedestrian Accident?

The damages available after a pedestrian collision depend on the injury, prognosis, employment impact, household effects, and supporting documentation. We can pursue the categories of compensation supported by the facts rather than relying only on the insurer’s initial evaluation.

Recoverable damages may include:

• Economic damages: These compensate for financial losses such as emergency care, hospitalization, rehabilitation, future medical treatment, lost wages, and loss of earning capacity.
• Non-economic damages: These address losses that aren’t easily quantified, including pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life. A surviving spouse or registered domestic partner may also be able to pursue a separate loss of consortium claim in appropriate cases.
• Punitive damages: In limited cases involving conduct beyond ordinary negligence, punitive damages may be available to punish the defendant and deter similar behavior.

Medical records, wage information, photographs, video, witness accounts, and testimony about daily limitations can help document a claim. Our lawyers handle catastrophic injury and wrongful death matters when a collision causes life-changing harm. Across our broader personal injury practice, our trial record includes a $45 million wrongful death verdict for the children of a woman killed in a crash at a taco truck stand in Boyle Heights.

Deadlines vary based on the claim and defendant, and claims involving government entities may have different notice requirements, so prompt case review matters.