Pedestrian Accidents

A pedestrian struck by a vehicle has no protection at all. These collisions cause some of the most serious injuries we see, and a pedestrian accident lawyer can make sure the driver and every responsible insurer are held accountable.

Smith Trial Group represents pedestrians injured throughout Orange County and Southern California. Our results include a $1.9 million settlement for a pedestrian struck by a bus in a crosswalk. We work on contingency.

On this page: Pedestrian rights · Common causes · Buses and public vehicles · Compensation · Deadlines · FAQ

Pedestrian Rights Under California Law

California drivers must yield the right-of-way to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection, and every driver must exercise due care for pedestrian safety. Pedestrians have duties too, but a driver is not excused from paying attention simply because a pedestrian was outside a crosswalk.

California’s Freedom to Walk Act also limits when pedestrians can be cited for crossing mid-block, which reflects the reality that drivers must watch for people on foot everywhere.

Common Causes of Pedestrian Accidents

• Drivers turning left or right without checking the crosswalk
• Distracted driving and speeding
• Drivers backing out of driveways and parking spaces
• Impaired driving, especially at night
• Poor lighting, faded crosswalk markings, and dangerous intersection design

Accidents Involving Buses and Public Vehicles

When a city bus, transit vehicle, or other public vehicle is involved, or a dangerous public road contributed to the collision, a formal government claim generally must be filed within six months. Missing that deadline can end the claim, so contact a lawyer promptly.

Compensation

Pedestrians often suffer fractures, head injuries, spinal injuries, and long recoveries. Recoverable damages include medical expenses, future care, lost earnings, and pain and suffering. Your own auto policy’s uninsured/underinsured motorist coverage may also apply even though you were on foot.

Filing Deadlines

California generally allows two years from the date of injury to file a personal injury lawsuit. When a city, county, state agency, or public transit district is involved, a formal government claim usually must be filed within six months. Evidence fades quickly, so it is best to speak with a lawyer as soon as possible.

Helpful resources: Vehicle Code § 21950 · California Office of Traffic Safety

Where Pedestrian Crashes Happen in Southern California

Southern California consistently has some of the highest pedestrian fatality numbers in the country. Wide, fast arterial roads with long distances between crosswalks are especially dangerous, as are busy downtown areas, school zones, shopping centers and parking lots. Many crashes happen when drivers turn left or right without yielding to pedestrians in the crosswalk, or when drivers speed through intersections at night.

California’s Jaywalking Law Changed

Since 2023, California’s Freedom to Walk Act has limited when police can ticket pedestrians for crossing outside a crosswalk or against a signal. Officers may cite pedestrians only when there is an immediate danger of a collision. That change does not eliminate a pedestrian’s duty to use reasonable care, and insurers may still argue comparative fault, but crossing mid-block does not by itself bar a claim.

Injuries in Pedestrian Accidents

Pedestrians struck by vehicles often suffer traumatic brain injuries, fractured legs, hips and pelvises, spinal injuries and internal injuries. Recovery can require multiple surgeries and long rehabilitation, and some injuries are permanent. We work with medical and economic experts to document lifetime needs.

Insurance in Pedestrian Cases

The driver’s liability insurance is usually the primary source of compensation. If the driver was working, the employer may be responsible. If the driver was uninsured, underinsured or fled the scene, your own auto policy, or a household family member’s, may provide uninsured motorist coverage even though you were walking. See hit-and-run accidents.

Results

Our firm obtained a $1.9 million settlement for a pedestrian struck by a bus in a crosswalk. Results depend on the facts of each case. See case results.

Frequently Asked Questions

I was not in a crosswalk. Can I still recover?

Often, yes. Drivers must exercise due care regardless, and California’s comparative fault rule allows recovery even if you share some responsibility.

The driver fled the scene. What now?

Report it to police right away. Your own uninsured motorist coverage may apply to hit-and-run collisions.

Related guides: How much is my case worth? · Dealing with the insurance adjuster