Pedestrian Accident

Vehicle collisions are the core of our practice, and pedestrian cases are among the most serious we handle. Johnson Attorneys Group has recovered over $100 million for injury victims across California, and we bring that experience to every pedestrian claim.

In one case, our client was waiting for a car to pass before crossing the street when another vehicle struck them from behind. The client suffered serious injuries to the shoulders, neck, knee, back, and jaw, and we recovered $300,000.

Past results do not guarantee a similar outcome. Every case depends on its own facts.

See more of our case results

Here’s how we build a pedestrian accident claim:

1. Free consultation. We listen to what happened, review your injuries, and explain your options at no cost and with no obligation.
2. Investigate right away. We gather the police report, 911 calls, photos, and witness statements, and move quickly to get video from traffic cameras, nearby businesses, doorbell cameras, and dashcams before it’s recorded over.
3. Prove how the crash happened. When the driver disputes fault, we work with accident reconstruction experts who analyze impact points, vehicle damage, sight lines, and signal timing.
4. Find every source of insurance. We look beyond the driver’s policy to your own auto insurance, which may cover you even though you were on foot, plus employer, rideshare, or commercial policies when they apply.
5. Document the full impact. Pedestrian injuries often require surgery, long rehab, and time off work. We gather medical records and expert opinions so your claim covers future care, not just today’s bills.
6. Negotiate, or go to trial. We push the insurers for a fair settlement and are prepared to file suit if they won’t pay what your case is worth.

Unsure if you have a case? Let’s talk. It’s free. Call Johnson Attorneys Group at 1 (800) 208-3538.

Pedestrian accidents are almost always preventable. The most common causes include:

• Failing to yield in a crosswalk, marked or unmarked
• Turning drivers, especially right turns on red and left turns, who watch for cars instead of people
• Distracted driving, including texting and using navigation apps
• Speeding, which shortens reaction time and makes injuries far more severe
• Driving under the influence
• Backing out of driveways and parking spaces without checking for people behind the vehicle
• Poor visibility at night or where parked vehicles block the view of a crosswalk

Visibility is the reason behind California’s daylighting law, which bans parking within 20 feet of the approach side of any marked or unmarked crosswalk so drivers can see people stepping off the curb.

Liability depends on who caused the crash. In many cases, more than one party shares responsibility.

The Driver

California law requires drivers to yield the right-of-way to pedestrians in marked and unmarked crosswalks, to slow down or stop as needed, and to use due care around people on foot. Drivers must also yield to pedestrians on sidewalks when entering or leaving driveways and alleys. When a driver breaks one of these rules and hits someone, California law can presume the driver was negligent.

Employers and Rideshare Companies

If the driver was working, such as making a delivery or driving a company vehicle, the employer is generally responsible too. Crashes involving Uber or Lyft drivers may be covered by the rideshare company’s insurance.

Government Agencies

A city, county, or Caltrans can share responsibility for dangerous crosswalks, broken signals, missing lighting, or poorly designed intersections. These claims generally require a written claim within six months, so they need quick action. Learn more about dangerous road conditions.

Property Owners

Many pedestrian crashes happen in parking lots and driveways. A property owner may be responsible under premises liability law when poor lighting, missing signage, or a dangerous layout contributed to the crash.

What About the Pedestrian’s Own Actions?

Pedestrians also have duties. They shouldn’t suddenly step into the path of a vehicle that’s too close to stop, and outside a crosswalk they generally must yield to vehicles. But California follows pure comparative fault, so even if an insurer argues you were partly to blame, you can still recover compensation, reduced by your share of fault.

Since the Freedom to Walk Act took effect in 2023, police can only ticket a pedestrian for crossing outside a crosswalk when a reasonably careful person would have realized there was an immediate danger of a collision. Crossing mid-block does not automatically make you at fault.

Compensation depends on your injuries and losses, and can include:

Economic Damages

• Medical expenses, from emergency care and surgery to rehabilitation and future treatment
• Lost wages and reduced earning capacity
• In-home care, mobility equipment, and home modifications
• Damaged personal property, such as a phone, glasses, or a stroller

Non-Economic Damages

• Pain and suffering
• Emotional distress, including anxiety and PTSD
• Loss of enjoyment of life
• Scarring, disfigurement, and permanent disability

Punitive and Wrongful Death Damages

When a driver acted with malice or conscious disregard for safety, such as driving drunk, California law allows punitive damages, which require clear and convincing evidence. If you lost a loved one, your family may bring a wrongful death claim for funeral costs, lost financial support, and loss of companionship.

Pedestrian crashes often cause traumatic brain injuries, spinal cord injuries, and other catastrophic injuries. We work with medical experts to value these claims accurately.

• Call 911 and get medical care. Head and internal injuries aren’t always obvious right away.
• Make sure police respond and write a report. Get the report number.
• Get the driver’s information, including name, license, plate number, and insurance.
• Collect witness contacts. Bystanders often leave quickly.
• Take photos of the scene, the crosswalk, traffic signals, the vehicle, and your injuries.
• Look for cameras. Note nearby businesses, homes, and buses that may have video.
• Don’t give a recorded statement to the driver’s insurance company before talking with a lawyer.

Often, yes. Crossing outside a crosswalk doesn’t automatically make you at fault, and drivers still have a duty to use due care for everyone on the road. If you share some of the blame, California’s pure comparative fault rule reduces your compensation by your percentage of fault but doesn’t bar your claim.

Your own auto policy’s uninsured/underinsured motorist coverage may cover you even though you were walking, and a household family member’s policy may apply too. This coverage can also apply in hit-and-run crashes. Report a hit-and-run to police right away. The other driver’s lack of insurance does not limit the pain-and-suffering damages you can recover as a pedestrian.

Most pedestrian accident injury lawsuits must be filed within two years of the crash. Wrongful death claims generally have two years from the date of death. If a government agency is involved, you usually must file a written claim within six months.

The at-fault driver’s insurance is ultimately responsible, but it usually won’t pay until your claim resolves. In the meantime, medical payments coverage on your own auto policy may help regardless of fault, and some providers will treat you on a lien, waiting for payment until your case settles. We can help you sort out your options.

Your consultation is free, and we handle pedestrian accident cases on a contingency fee basis. You don’t pay attorney fees unless we recover compensation for you.