Every year, thousands of people are hurt while walking on California streets. When it happens, the driver’s insurance company often starts with the same story: the person on foot stepped out, crossed in the wrong place, or wasn’t paying attention. That story is not the law. This article explains how responsibility is actually decided after a pedestrian is hit, and where the insurer’s first story often goes wrong.
Who counts as a pedestrian?
The word covers more than people walking. People jogging and running are pedestrians, and in many situations so are people using a wheelchair or another mobility device. Which rules apply can depend on how you were traveling, so it is one of the first facts a lawyer looks at.
What drivers owe people on foot
Every driver must watch the road, control their speed, and yield where the law requires it. The crashes we see most often involve a driver who was distracted, going too fast for the conditions, or turning without looking for people in the crosswalk. A driver’s duty to look out for people on foot does not end at the crosswalk line. It applies on every street, in parking lots, and in driveways.
If you were hurt while walking, our pedestrian accident lawyers can tell you where you stand. The review is free.
“You weren’t in the crosswalk”
This is one of the first things an insurer says, and it is often only part of the picture. Where you crossed is one fact. How fast the driver was going, whether they were looking at a phone, whether they had a clear view, and whether they could have stopped are other facts. A person crossing outside a crosswalk can still have a strong claim.
When the person walking is partly at fault
California reduces your recovery by your share of the blame. It does not take the claim away just because you were partly at fault. That is why the insurer works hard to put more blame on you than the facts support, and why evidence such as video, photos and witness statements matters so much in the first days after a crash.
When a road or crosswalk is the problem
Sometimes the danger is the road itself: poor lighting, a crosswalk with no signal on a fast street, a missing sidewalk, or a badly designed intersection. In those cases a city, county or state agency may share responsibility. Claims against a public agency follow special rules, and the deadline to start one is short, often measured in months, not years. Read more about claims against a government agency.
Serious injuries need a full claim
A person on foot has no protection in a crash. Broken bones, head injuries and injuries that change a person’s work and life are common. A complete claim covers more than the first hospital bill: future medical care, lost pay and lost earning ability, and the pain and limits the injury leaves behind. Insurance limits are often far lower than the harm done, which is why the other available insurance, including your own, matters.
What to do after a pedestrian accident
- See a doctor, even if you feel OK. Some injuries show up days later, and a gap in treatment is the first thing the insurer uses.
- Don’t give a recorded statement. You don’t have to. Say: “My lawyer will call you.”
- Write down what happened. Where, when, and who saw it. Nearby cameras can record over their footage within days.
- Don’t sign anything. Call a lawyer first. It costs nothing.
We handle pedestrian cases across California, including Los Angeles, Orange County and San Diego.