Pedestrian Accidents

Pedestrian Accidents in California

A pedestrian has almost nothing between them and a moving vehicle, so even a low-speed collision can cause serious or fatal injuries. In busy areas across California, drivers who speed, run lights, or look at their phones put people on foot at real risk. If a driver’s carelessness caused your injury or a loved one’s, California law gives you the right to pursue compensation, and Abramson Labor Group is here to help you do it.

After a Pedestrian Accident

What you do after being hit affects both your health and your claim. If you are able:

  • Get medical attention immediately. Serious injuries, including internal and head injuries, are not always obvious at first.
  • Report the crash and get a copy of the police report.
  • Document the scene: photos of the vehicle, the intersection or crosswalk, and your injuries.
  • Get the driver’s information and the names of any witnesses.
  • Do not give a recorded statement to the driver’s insurer before speaking with an attorney.

What California Law Says About Right of Way

Under California Vehicle Code section 21950, drivers must yield to pedestrians crossing within any marked crosswalk, or within an unmarked crosswalk at an intersection. Drivers are required to slow down or stop as needed and to use care for a pedestrian’s safety.

Pedestrians also have a duty to use reasonable care, and they should not suddenly step into the path of a vehicle that is too close to stop. But even when a pedestrian is crossing improperly, the law still requires a driver to continue exercising reasonable care. A driver who was speeding, distracted, or impaired can be held responsible even if the pedestrian was not in a crosswalk.

Jaywalking Does Not Automatically Make You At Fault

A common misconception is that a pedestrian hit outside a crosswalk is automatically to blame. That is not how California law works. California’s Freedom to Walk Act limited when a pedestrian can be cited for crossing outside a crosswalk, and being hit mid-block does not bar a claim. What matters is the actual facts: if the driver failed to use due care, they can bear significant or even majority fault. California law also gives blind pedestrians using a white cane or guide dog the right of way at crossings.

How Fault Works in California

California follows a pure comparative negligence rule. You can recover compensation even if you were partly at fault, with your recovery reduced by your share of fault rather than eliminated, no matter how high that percentage is. Insurers often try to shift blame onto the pedestrian to reduce what they pay, which is exactly the kind of argument an attorney is there to push back on.

Deadlines That Can End Your Claim

California law puts strict time limits on pedestrian accident claims:

  • For personal injuries, you generally have two years from the date of the crash to file a lawsuit.
  • If a government entity may be responsible, for example a crash involving a dangerous road or crosswalk condition or a government vehicle, a formal claim must usually be filed with that agency within six months. This is a mandatory step before any lawsuit, and courts enforce it strictly.
  • Certain situations, such as an injured minor or a period of incapacity, can pause or shift these deadlines.

Missing a deadline can permanently end an otherwise strong case, so the safest course is to speak with an attorney promptly.

Common Pedestrian Accident Injuries

Because pedestrians are unprotected, these crashes tend to cause severe injuries, including:

  • Traumatic brain injuries
  • Spinal cord injuries and paralysis
  • Broken bones and crush injuries
  • Internal injuries
  • Severe lacerations

These injuries often mean long recoveries, significant medical bills, and time away from work, all of which can be part of a compensation claim.

How Abramson Labor Group Helps

Insurers often start by blaming the pedestrian, counting on injured people not knowing their rights. We investigate the crash, work to establish what actually happened, deal with the insurers so you can focus on recovering, and pursue the full value of your claim, including medical costs, lost income, and pain and suffering.

We work on a contingency basis. There are no fees unless we win your case.

Injured While Walking?

Talk to Abramson Labor Group about your case. There are no fees unless we win. Get a free case evaluation.

 

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