Vehicle Accidents
A person on foot has no protection and the law recognizes that
Drivers must yield to pedestrians in marked and unmarked crosswalks and must exercise due care everywhere else. Being outside a crosswalk does not end a claim.
About pedestrian accidents claims
Pedestrian collisions produce disproportionately severe injuries because there is nothing between a person and several thousand pounds of vehicle. California law requires drivers to yield to pedestrians in both marked and unmarked crosswalks at intersections and to exercise due care for pedestrian safety regardless of location, including reducing speed and sounding a horn when necessary.
The defense in these cases is almost always that the pedestrian appeared suddenly or was outside a crosswalk. Careful reconstruction of sight lines, lighting, vehicle speed and stopping distance frequently shows a driver who was inattentive, speeding or failing to look before turning. Even where a pedestrian was mid-block, California’s pure comparative negligence rule reduces a claim rather than defeating it.
Roadway conditions matter too. Missing or faded crosswalk markings, inoperative pedestrian signals, obstructed sight lines, inadequate lighting and unsafe intersection design can create liability for the public entity responsible for the roadway, which brings a much shorter claim deadline into play.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Traumatic brain injury from head strike on the hood, windshield or pavement
- Pelvic and lower-extremity fractures from initial bumper impact
- Spinal cord injury and paralysis
- Internal organ damage and abdominal bleeding
- Degloving injuries and complex soft-tissue trauma
- Wrongful death, particularly involving children and older adults
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The driver who failed to yield, turned without looking or was distracted
- An employer, where the driver was working at the time
- A public entity responsible for signal, crosswalk, lighting or design defects
- A contractor whose work zone forced pedestrians into traffic
- A vehicle manufacturer where a defective braking or detection system contributed
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Scene measurements, sight-line analysis, lighting conditions and signal timing
- Business, residential and traffic camera video from the surrounding area
- The vehicle’s event data recorder and any advanced driver assistance data
- Witness statements taken before memories fade or shift
- Complete medical records and rehabilitation or life-care documentation
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Pedestrian Accidents: common questions
Injured by pedestrian accidents? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.