What Types of Pedestrian Accident Cases We Handle in California
Pedestrian accidents can happen in many different ways, often because drivers fail to follow traffic laws or pay attention to their surroundings. At ER Trial Lawyers, our California pedestrian accident lawyers represent injured pedestrians in a wide range of cases, including:
Crosswalk accidents involving drivers who fail to yield the right of way
Pedestrians struck by turning vehicles at intersections
Hit-and-run pedestrian accidents
Speeding-related pedestrian crashes
Distracted driving accidents, including texting while driving
Pedestrian accidents caused by impaired drivers
Parking lot and garage pedestrian accidents
School zone and residential area pedestrian accidents
These accidents often result in catastrophic injuries due to the lack of protection pedestrians have when struck by a vehicle.
Common Causes of Pedestrian Accidents in California
Most pedestrian accidents in California are preventable and occur when drivers fail to follow traffic laws or exercise reasonable care. Some of the most common causes of pedestrian accidents include:
Failure to yield at crosswalks and intersections
Distracted driving, such as texting, using apps, or adjusting navigation systems
Speeding, especially in residential areas and school zones
Driving under the influence of alcohol or drugs
Unsafe left or right turns without checking for pedestrians
Running red lights or stop signs
Poor visibility conditions, including nighttime driving or bad weather
Backing-up accidents in parking lots and driveways
When a driver’s negligence causes a pedestrian to be struck, California law allows injured pedestrians to pursue compensation for their losses.
Who Can Be Held Liable in a California Pedestrian Accident Case
Determining liability in a pedestrian accident case depends on the facts surrounding the crash. While drivers are often responsible, multiple parties may be held liable under California law, including:
Negligent drivers who fail to yield, speed, or drive while distracted or impaired
Commercial drivers and trucking companies, when accidents involve delivery vehicles or large trucks
Employers, if the at-fault driver was working at the time of the accident
Government entities, for dangerous road conditions, poorly marked crosswalks, or malfunctioning traffic signals
Property owners, when unsafe conditions in parking lots or private property contribute to a pedestrian accident
California follows a comparative negligence system, meaning injured pedestrians may still recover compensation even if they were partially at fault.
How to Prove Negligence in a California Pedestrian Accident Claim
To recover compensation in a pedestrian accident case, an injured pedestrian must prove that another party acted negligently. Under California law, this generally requires establishing four key elements:
Duty of care – The at-fault party owed a legal duty to operate their vehicle safely and follow traffic laws
Breach of duty – The driver or other responsible party failed to meet that duty, such as by speeding or failing to yield
Causation – The breach of duty directly caused the pedestrian accident
Damages – The pedestrian suffered injuries, financial losses, or other harm as a result
Evidence commonly used to prove negligence includes police reports, witness statements, traffic camera footage, medical records, and accident reconstruction analysis. An experienced California pedestrian accident lawyer can gather and present this evidence to build a strong claim.
What Compensation Is Available After a Pedestrian Accident in California
Pedestrian accidents often result in serious injuries that require extensive medical treatment and time away from work. When a pedestrian is injured due to someone else’s negligence, California law allows them to pursue compensation for both economic and non-economic damages, including:
Medical expenses, including emergency care, hospital stays, surgery, rehabilitation, and future medical treatment
Lost wages and reduced earning capacity if injuries affect the ability to work
Pain and suffering, including physical pain and emotional distress
Loss of enjoyment of life caused by long-term or permanent injuries
Disability or disfigurement resulting from the accident
Out-of-pocket expenses related to the injury and recovery
In cases involving extreme negligence, additional damages may be available depending on the circumstances of the accident.
How Long Do You Have to File a Pedestrian Accident Claim in California?
California law places strict time limits on how long an injured pedestrian has to file a personal injury claim. In most pedestrian accident cases, the statute of limitations is two years from the date of the accident.
However, important exceptions may apply, including:
Claims involving government entities, which often require a formal notice to be filed within six months
Cases involving minors, where the deadline may be extended
Delayed discovery situations, when injuries are not immediately apparent
Failing to file a claim before the applicable deadline can result in losing the right to recover compensation entirely. Speaking with a California pedestrian accident lawyer as soon as possible helps ensure all deadlines are properly met.
What to Do After a Pedestrian Accident in California
If you are injured in a pedestrian accident, the steps you take immediately afterward can have a significant impact on your health and your legal claim. Important steps to take include:
Seek medical attention right away, even if injuries seem minor
Call law enforcement and ensure an accident report is filed
Document the scene, including photos of vehicles, injuries, and road conditions
Collect contact information from witnesses and involved parties
Avoid making statements to insurance companies without legal guidance
Consult a California pedestrian accident lawyer before accepting any settlement offers
Taking prompt action helps protect your rights and strengthens your ability to recover full compensation.
Why Choose ER Trial Lawyers for Your Pedestrian Accident Case
Pedestrian accident cases often involve serious injuries, disputed liability, and aggressive insurance companies. Choosing the right legal team can make a meaningful difference in the outcome of your case. At ER Trial Lawyers, we are committed to protecting the rights of injured pedestrians throughout California.
Clients choose ER Trial Lawyers because we offer:
Trial-ready representation, not quick settlement pressure
Experience handling serious and catastrophic injury cases
Direct access to your legal team, not case managers
Aggressive insurance negotiation backed by courtroom strength
No fees unless we recover compensation for you
Our firm is prepared to take pedestrian accident cases to trial when necessary to pursue the full and fair compensation our clients deserve.
FAQs: California Pedestrian Accident Lawyer
What should I do if I was hit by a car as a pedestrian in California?
If you were hit by a car, seek medical attention immediately and report the accident to law enforcement. Document the scene if possible and avoid speaking with insurance companies before consulting a California pedestrian accident lawyer.
Who is usually at fault in a pedestrian accident?
Fault depends on the circumstances of the accident. Drivers are often at fault for failing to yield, speeding, or driving distracted, but liability can also involve employers, government entities, or property owners in certain cases.
Can I still recover compensation if I was partially at fault?
Yes. California follows a comparative negligence system, meaning you may still recover compensation even if you were partially responsible for the accident. Your recovery may be reduced based on your percentage of fault.
How much is a pedestrian accident case worth in California?
The value of a pedestrian accident case depends on factors such as the severity of injuries, medical expenses, lost income, long-term impact, and who is liable. A lawyer can evaluate your case and estimate potential compensation.
How long do I have to file a pedestrian accident lawsuit in California?
In most cases, you have two years from the date of the accident to file a claim. Claims involving government entities may require action within six months, so it’s important to speak with a lawyer promptly.
How much does it cost to hire a California pedestrian accident lawyer?
ER Trial Lawyers works on a contingency fee basis, meaning there are no upfront costs. You do not pay any legal fees unless compensation is recovered on your behalf.
Speak With a California Pedestrian Accident Lawyer Today
If you or a loved one was injured in a pedestrian accident, you do not have to face the legal process alone. ER Trial Lawyers represents injured pedestrians across California and is prepared to stand up to insurance companies in pursuit of full and fair compensation.
We offer free consultations, and you pay no legal fees unless we recover compensation for you. Contact ER Trial Lawyers today to discuss your pedestrian accident case and learn how we can help protect your rights.
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If there is no recovery, then there are never any fees or costs to you.
