California Pedestrian Accident Lawyers

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Pedestrian accidents are growing in frequency every day throughout the nation, and California is a leading state when it comes to pedestrian injuries and fatalities. In the last 5 years, there have been 18,174 serious pedestrian injuries or fatalities in California (TIMS).

In an accident, pedestrians are far more likely to suffer catastrophic injuries or deadly consequences, which is why these types of incidents are so terrifying. Unfortunately, many of these accidents are due to driver oversight or carelessness, but there are often other factors at play. If you were injured in a pedestrian accident, a California pedestrian accident attorney from BD&J can help protect your rights and future.

Key Takeaways

A pedestrian accident occurs when a person crossing the street or walking on a sidewalk is struck by a car, bike, scooter, or motorcycle
In 2024, California recorded 1,090 pedestrian deaths (NHTSA)
Distracted driving, impaired driving, and speeding are some of the main contributing factors to pedestrian accidents
California pedestrian accident lawyers from BD&J represent defenseless victims after a serious accident

What Are Pedestrian Traffic Accidents?

A pedestrian accident occurs when a pedestrian, defined as a person who is traveling on foot while on the street or sidewalk, is struck by a vehicle, bike, or scooter. These accidents can happen in seconds, in both large cities and other rural areas.

Pedestrian accidents happen every day, but to file a valid claim for a pedestrian accident, you must be able to prove that someone was liable for your accident. The proof of liability, or “duty of care”, will show that the person who ultimately injured you was responsible for failing to exhibit reasonable care while driving, ultimately resulting in the accident that caused your injuries and other damages. In short, you must prove that the driver who caused your accident was negligent or made a mistake.

Frequent Causes of Pedestrian Accidents

A few common causes of pedestrian accidents include:

A driver maneuvering under the influence of drugs or alcohol.
Poorly marked crosswalks that force pedestrians onto the street.
An aggressive driver who is speeding or engaging in reckless driving.
A driver who is distracted while on the road, possibly eating, looking at their phone, fiddling with the radio, and so on.
Drivers who fail to yield to crossing pedestrians at intersections, especially when making left turns.
A driver who doesn’t check their blind spots or looks behind them when backing out, making a right turn, etc.
Unclear traffic signs or signals that cause drivers and pedestrians to mistakenly go or fail to notice oncoming traffic.

By law, pedestrians must also show a duty of care for their own safety. If a pedestrian is intoxicated, fails to abide by traffic laws, or jaywalks, he or she may be found partially at fault for the incident. Involved in a pedestrian accident? Talk to a California pedestrian accident attorney from BD&J now.

How Common are Pedestrian Accident Injuries?

A pedestrian on the street is no match for cars that can weigh anywhere between 2,500 to 6,000 pounds, and this doesn’t even count large commercial vehicles that can often weigh over 20,000 pounds. Pedestrian accident injuries are very common, and they can be particularly painful for vulnerable individuals who are walking on the street. A few common pedestrian accident injuries include:

Head Injuries

Head injuries range from concussions to traumatic brain injuries. These can have permanent or long-term effects on memory, cognitive function, and overall brain health.

Fractures and Broken Bones

These injuries can affect the legs, arms, ribs, or hips and may require significant medical treatment and weeks of rehabilitation.

Spinal Cord Injuries

Spinal cord injuries can be serious and lead to partial or complete paralysis, affecting independence and mobility.

Internal Injuries

The force of impact during a pedestrian accident can cause significant damage to internal organs, leading to internal bleeding and other life-threatening conditions.

Lacerations and Bruises

While lacerations and bruises are typically less severe than other injuries, they can lead to infections and other complications if not treated properly.

Psychological Injuries

The trauma of being involved in an accident can have lasting effects, including emotional distress, depression, and post-traumatic stress disorder. These impacts can last for weeks, months, and even years.

Call 855-906-3699 to connect with BD&J California pedestrian accident attorneys.

What if I Had a Pre-Existing Condition That Got Worse After an Accident?

If you were suffering from a pre-existing condition that only worsened due to the impact of a pedestrian accident, you may have a legal claim. Pre-existing conditions or injuries, such as arthritis, spinal injuries, neck injuries, or chronic pain, can be further aggravated or exacerbated, leading to further painful or worse symptoms than before.

Who Could Be Liable in a Pedestrian Accident?

As previously stated, the vehicle driver is most likely the liable party in a pedestrian traffic accident. However, depending on the circumstances, other entities might also be responsible. These liable parties may be:

Local government. If the pedestrian was injured because the crosswalk lights were broken, the sidewalk was poorly lit, or the crossing sign was obscured, the party responsible for maintaining the road (usually a local government) could be liable for the crash.
Vehicle manufacturer. If the vehicle malfunctioned, causing the driver to crash and harm the pedestrian, the vehicle manufacturer might be liable. Because each case is unique, it is extremely important to discuss the specifics of your accident with an experienced California pedestrian injury attorney.

Who is liable for your accident? Contact BD&J to learn more about your claim!

California Pedestrian Accident Statistics

Looking at the most recent California and nationwide data on pedestrian accidents, we can see that:

Los Angeles, San Diego, and San Bernardino County are the 3 counties with the highest pedestrian fatality and injury rate average in California (CATSIP Berkeley)
In 2024, Los Angeles County had over 300 pedestrian fatalities and 1,000 pedestrian injuries, making it the county with the highest pedestrian incidents in California (CATSIP Berkeley)
In 2024, a pedestrian was killed every 74 minutes and injured every 7 minutes in traffic crashes throughout the nation (NHTSA)
Nearly 1 in every 4 pedestrian fatalities in the nation were caused by a hit-and-run driver (NHTSA)

Can a Pedestrian Be Found at Fault for Their Accident?

Yes, there are some factors that can hold pedestrians to some degree of fault for their accident. However, it is important to remember that while fault can affect the compensation amount for damages, this doesn’t completely prevent compensation from being recovered. A pedestrian may be found at fault for an accident if:

Crossing the street while the crossing signal is not activated
Jaywalking, or purposefully crossing the street outside of a marked crosswalk, when it is not safe to do so
Walking while under the influence of drugs or alcohol
Walking in areas where pedestrians are prohibited, such as along a freeway

How Long Do I Have to File a Pedestrian Accident Claim?

You have 2 years from the date of your accident to file a claim for compensation. If your claim holds a local municipality responsible for your accident, you will have 6 months from the date of your injury to file a claim.

Don’t let your right to compensation expire. Contact the BD&J team in California to get started on the filing process.

California Pedestrian Laws

Failure to follow California pedestrian laws can result in fines and affect liability in the event of an accident. To prevent accidents, both pedestrians and drivers should exercise caution and be aware of each other’s presence.

Here are some of the pedestrian laws currently in place in California:

Crosswalks. Even if a crosswalk isn’t marked, it’s still considered to be present at intersections. You must give way accordingly in such situations.
Right-of-way. Pedestrians typically have the right-of-way at marked intersections and crosswalks. As a result, drivers must yield to any pedestrian crossing the road at these points.
Walking on roads. If a sidewalk is not available, pedestrians should walk facing the traffic flow and keep as far left as possible.
Traffic signals. Anyone crossing the street should obey traffic signals and only cross at designated pedestrian signals when it’s safe to do so. If a traffic signal changes from walk to don’t walk while a pedestrian is crossing, the pedestrian still has the right of way to finish crossing.
Prohibited areas. Some areas of California’s roadways, such as certain highways and all freeways, are off-limits to pedestrians.

If you followed California pedestrian laws and were still injured in an accident, connect with the BD&J team now to file a claim.

How To Stay Safe as a Pedestrian

Just because pedestrian accidents are common, doesn’t mean you can’t practice safety while out and about. Common safety tips for pedestrians include:

Stay on the sidewalk. Sidewalks are the key path for pedestrians.
Avoid jaywalking when cars are coming. It may be tempting to jaywalk or run across the street to get to your destination quickly, but waiting to get to a marked crosswalk is essential for pedestrian safety. If no marked crosswalks are available, jaywalking is legal. However, pedestrians are still expected to cross safely.
Avoid distractions. Blasting music from your earphones or looking down at your phone while you walk can cause you to be distracted from any sudden moments of danger.
Look left-right-left before crossing. There’s a reason this is taught to younger kids today. Looking both ways before you cross allows you to see that all motorists have come to a complete stop, and it is safe for you to cross.

Pedestrian safety shouldn’t be gambled by another driver’s recklessness. Call us now at 855-906-3699 to file a claim.

What Drivers Can Do for Pedestrian Safety

While it can be up to pedestrians to ensure they’re following pedestrian laws, practicing caution, and being attentive to their surroundings, other drivers can also be active in safety habits that ensure they’re paying attention on the road and may be able to react in time to prevent an accident.

Some driver habits that can better pedestrian safety include:

Not speeding
Checking blind spots for pedestrians
Yielding to pedestrians at crosswalks and stopping at a good distance from any crosswalk
Not passing a vehicle that’s stopped at a crosswalk
Being attentive to their surroundings when backing out of an area
Practicing extra caution when driving at night and in busy urban areas
Recognizing signs of impairment in themselves or in other drivers to prevent being on the road with vulnerable pedestrians

Complete our form to connect with a pedestrian accident lawyer and discuss your case.

California Pedestrian Accident Lawyers Will Fight for Your Rights

After a pedestrian accident, you’re probably dealing with your fair share of pain, discomfort, restricted mobility, and the inability to work and provide for your household. Filing a legal claim can help you hold other drivers and responsible parties accountable for compensation.

The process of filing a claim, repealing denied insurance claims, and other legal obstacles can make it seem like your rightful compensation is out of reach. A California pedestrian accident lawyer can help.

3 Ways a Pedestrian Accident Attorney in California Can Help Your Case

A California pedestrian accident attorney can help your case by:

1. Providing Attorney Resources and Negotiation Skills

Attorneys have the availability of specialized resources, including access to expert witnesses who can testify on your behalf, accident reconstruction software, and more.

Past case experience and knowledge of insurance company tactics also allows attorneys to spot a lowball offer and negotiate for better compensation.

2. Assigning a Proper Value to Your Case

Calculating expenses, lost income, and future costs associated with your injuries and other damages can quickly become an overwhelming process. A pedestrian accident attorney can calculate current and future expenses by working with experts, medical providers, and their own past cases to assign a fair value for your case that doesn’t leave any damages unanswered for.

3. Court Representation (If Necessary)

Constant lowball offers, a failure to agree on liability, or constant denial of your injuries in connection with an accident can be some of the main factors that push your case to court. While a personal injury claim making it to trial can be pretty rare, you’ll want to be working with an attorney who knows how to navigate trial process to fight on your behalf.

Learn more about our case results to understand why your claim is in the right hands with BD&J. Discuss your case with our team now at no charge by calling 855-906-3699.

Frequently Asked Questions

What Damages Can Pedestrians Recover in a Lawsuit?

The potential damages your pedestrian accident lawyer can help you recover include past and future medical expenses, lost wages, pain and suffering, physical rehabilitation costs, pain and suffering, and property damages. Can I Still Obtain Compensation if I was Partially at Fault for My Accident as a Pedestrian?

Yes! California is a comparative negligence state, which means that people who had some degree of fault in an accident that caused their injuries can still obtain compensation. Your compensation amount would be reduced by the percentage of fault you are found to have.

How much is your claim worth? Speak to a pedestrian accident attorney in California today to learn more!

What Do I Do if the Driver Who Hit Me Drove Away?

If you are struck by a driver who leaves the scene immediately, try to capture as many identifiable photos as possible of their vehicle and their physical description. Call the police to file a report and see if there were any witnesses around who may have captured something through a dashcam or by taking their own photos or videos.

Be sure to seek medical treatment for any injuries from the accident as soon as possible.

How Much is My Case Worth?

Every case is different, but some of the factors that can affect the value of your individual claim may include injuries, your disability rating after MMI, long-term care, if you’re able to return to work, the severity of the accident, your emotional and mental state after the events, and if the responsible party committed similar violations in the past.

What is Maximum Medical Improvement (MMI)?

Maximum Medical Improvement (MMI) means your injury has reached a peak recovery point, and that no further treatment will affect it. This stage is crucial for any personal injury case, because it can offer a prognosis for disability, care needs, and further medical intervention that can be necessary expenses to add your compensation demand.

Is There Anything I Should Avoid Doing After My Accident?

After a pedestrian accident, it’s crucial you avoid delaying or evading medical attention, avoid admitting any fault to the other party after the accident, and you’ll also want to avoid giving any recorded statements to insurance companies about the accident without consulting an attorney first.

There may be things hurting your personal injury accident claim, but working with an attorney can help you spot these and other mistakes before it affects your compensation.

What if My Loved One Died from Injuries Sustained in a Pedestrian Accident?

If you have lost a loved one due to the severity of injuries sustained in a pedestrian accident, you don’t have to go through the legal battle of justice alone. Talk to a wrongful death attorney in California from BD&J to learn about your eligibility in filing a claim.

Who Can File a Wrongful Death Claim in California?

In California, the spouse, legally recognized domestic partner, child, or a minor who was financially dependent on the deceased can file a claim. If the deceased didn’t have a spouse, partner, or child, then parents, grandparents, siblings, nieces/nephews, and other heirs to their estate can file a claim.

What if the Driver Who Hit Me Was Drunk?

A drunk or impaired driver who makes the conscious choice to operate a vehicle while under the influence should have to answer for their carelessness. If you’re able, get to a safe side of the street, call emergency services, and get as many details of the driver and their car as you can.

From there, you’ll want to speak to a pedestrian accident attorney in California as soon as possible.

How Can a California Pedestrian Accident Attorney from BD&J Help My Claim?

After going through a pedestrian accident, you may be left overwhelmed and with painful injuries. Going through the legal hurdles of holding drivers liable for your injuries doesn’t have to be something you do alone. A California pedestrian attorney from BD&J can help file your claim, collect evidence, interview expert witnesses, negotiate a settlement, and represent you through the claims process as needed.

Do I Have to Pay Anything Upfront to Work with BD&J?

No! We work on a contingency fee structure. This means that we cover all upfront costs to get your claim moving, deducting attorney compensation from your final settlement amount. This means no fees until we win* your case.

Stuck with outrageous expenses after an accident? Contact BD&J to schedule a FREE case review consultation.

Choose Dedicated California Pedestrian Lawyers from BD&J Today

Our experienced team at BD&J can assess your situation, determine the cause of your accident, and gather information to support your claim and hold the liable party responsible for the damage they caused.

Since our establishment in 2007, we have accumulated ample experience fighting for the rights of injured victims and their families, and we’ve recovered more than $3billion* in verdicts and settlements. If you think you have a case, contact a member from our team available 24/7 to schedule your free consultation.