California law gives you the right to seek payment from the driver who caused your injuries. That compensation isn’t limited to immediate costs. It can include future surgeries, ongoing therapy, lost earning ability, and the emotional and physical pain the crash has brought into your life.
At Harris Personal Injury Lawyers, this is the work we do for our clients every day. We understand what it takes to prove a pedestrian injury case, from gathering witness statements and police reports to coordinating with medical experts who can document the long-term effects of your injuries.
You shouldn’t have to figure this out on your own. We can explain your options clearly and give you an honest assessment of your case during a free, no-pressure consultation. Call (619) 864-7101 today, and we’ll help you understand what comes next.
Key Takeaways for California Pedestrian Accident Claims
- The driver's negligence is the foundation of your claim. To recover compensation, we must prove the driver failed to use reasonable care, by speeding, being distracted, or violating traffic laws, and that this failure directly caused your injuries.
- You can still recover money even if you were partially at fault. California uses a "pure comparative negligence" rule, which means your compensation is just reduced by your percentage of fault, whatever that percentage may be.
- Strict deadlines apply, so you cannot afford to wait. You generally have two years to file a lawsuit, but if a government entity is involved (like a city bus), you have only six months to file a formal claim.
Why Choose Harris Personal Injury Lawyers?
A Record of Success in Difficult Cases
Our attorneys have a 99% success rate and have won thousands of cases for our clients. We don’t take every case that comes our way. We are selective, allowing us to dedicate our firm's full resources to the clients we represent.
Proven Results That Speak Volumes
In 2023, Top Verdict recognized our firm for securing the #1 California settlements for a bicycle-pedestrian collision, a skateboarding accident, and a truck-bicycle collision. This experience in cases involving vulnerable road users gives us a deep understanding of what’s at stake in a pedestrian accident claim.
You Pay Nothing Unless We Win
We work on a contingency fee basis. Simply put, you will never pay us a fee unless we recover money for you. We advance all costs for investigation, expert witnesses, and litigation, which levels the playing field when you're up against a well-funded insurance company.
We Are Where You Need Us to Be
We offer free consultations by phone or in person. If your injuries make it difficult to travel to one of our offices, such as our San Diego headquarters located at El Cortez, 702 Ash Street, Suite 10, we will come to your home or hospital room.
Understanding the Foundation of a California Pedestrian Accident Claim
What is "Negligence" in Simple Terms?
Most personal injury cases hinge on the legal concept of negligence. It’s a formal way of saying that someone had a responsibility to act with reasonable care, they failed to do so, and that failure directly caused you harm.
In a pedestrian accident, this breaks down into four key parts:
- Duty of Care: Every driver on the road has a legal obligation to operate their vehicle safely to avoid harming others, including people on foot.
- Breach of Duty: The driver violated that duty. This could be speeding, texting while driving, failing to yield the right-of-way, or driving while impaired.
- Causation: The driver's specific failure was a direct cause of your injuries.
- Damages: You suffered real harm, including physical injuries, emotional distress, and financial losses.
Common Driver Failures That Lead to Pedestrian Accidents
We handle claims that arise from many different scenarios, but some driver behaviors appear more frequently than others.
- Distracted Driving: A driver who glances at a phone for just a few seconds is effectively driving blind for the length of a football field, easily missing a person in a crosswalk.
- Failure to Yield: California law is clear: drivers must yield the right-of-way to pedestrians in both marked and unmarked crosswalks.
- Speeding: Traveling at higher speeds dramatically shortens a driver's reaction time and exponentially increases the force of impact, leading to much more severe injuries.
- Impaired Driving: Alcohol or drugs impair a driver's judgment, coordination, and ability to see and react to pedestrians in their path.
What Compensation Can You Pursue in a Pedestrian Accident Claim?
A personal injury claim is designed to provide financial stability after an accident has disrupted your life. The law groups these losses, called "damages," into two primary categories.
Economic Damages: The Documented Financial Costs
These are the straightforward, calculable losses that can be proven with bills, receipts, and pay stubs.
- Medical Expenses: This covers all care related to the accident, from the ambulance ride and initial surgery to future needs like physical therapy, medications, and in-home assistance.
- Lost Income and Earning Capacity: You can pursue payment for the wages you lost while unable to work. If your injuries permanently affect your ability to do your job or advance in your career, we can also seek compensation for that diminished future earning power.
- Related Out-of-Pocket Costs: This includes any other expenses you incurred, such as transportation to medical appointments or modifications to your home or vehicle.
Non-Economic Damages: The Personal Human Toll
Not every loss comes with a price tag. Non-economic damages are intended to compensate you for the intangible ways the accident has rewritten your life.
- Pain and Suffering: This addresses the physical pain and emotional distress resulting from your injuries.
- Loss of Enjoyment of Life: If your injuries keep you from participating in the hobbies, activities, and relationships that once brought you joy, this compensation acknowledges that loss.
How Does "Comparative Negligence" Affect Your Claim?
Insurance companies will conduct a thorough investigation, looking for any evidence to argue you were partly responsible for the accident. California follows a legal rule called “pure comparative negligence.”
This rule means your total compensation award is simply reduced by your percentage of fault. For instance, if you were found to be 10% at fault for what happened, your final recovery would be reduced by that 10%. Our role is to build a case that keeps them accountable and ensures no amount of blame is unjustly put on you.
What if the At-Fault Driver Has No Insurance or Not Enough?
Imagine the person who hit you either doesn't have insurance or carries only the minimum amount required by law, which is rarely enough to cover serious injuries. This is surprisingly more common than you would think. In California, about one in six drivers on the road is uninsured.
How Does UM/UIM Coverage Work for Pedestrians?
Even though you were a pedestrian, your own car insurance can protect you. In California, insurers are required to offer you UM/UIM coverage, and unless you specifically rejected it in writing, it is part of your policy. This coverage steps in to act as the at-fault driver's missing or inadequate insurance.
- Uninsured Motorist (UM) Coverage: This applies if the at-fault driver has no insurance at all or if you are the victim of a hit-and-run and the driver is never found.
- Underinsured Motorist (UIM) Coverage: This applies when the at-fault driver has insurance, but their policy limits are too low to cover all your damages. Your UIM coverage can pay the difference, up to your own policy limits.
Filing a UM/UIM claim means you are recovering from your own insurance company. They will step into the shoes of the at-fault driver's insurer to pay for your medical bills, lost wages, and pain and suffering.
What if the Driver Fled the Scene? (Hit-and-Run Accidents)
A driver who flees the scene of an accident they caused is not just behaving irresponsibly, but also committing a crime. For the injured pedestrian, it adds a layer of uncertainty and anger to an already traumatic event.
The first step is to report the accident to the police immediately. An official police report creates a record of the incident and triggers an investigation that might identify the driver. But your ability to get compensation doesn't have to wait for an arrest.
As mentioned above, your own Uninsured Motorist (UM) coverage is specifically designed for this exact situation. A hit-and-run driver is treated as an uninsured driver, allowing you to file a claim with your own insurance company to cover your losses. Even if you don't own a car, you may be covered under the policy of a family member in your household.
Our firm can assist in gathering evidence to support your claim, such as locating surveillance footage from nearby businesses or identifying witnesses who may have seen the vehicle.
Where Do Pedestrian Accidents Happen Most in California?
While a pedestrian can be hit anywhere, certain environments present a higher risk. California consistently has one of the highest pedestrian fatality rates in the nation, making awareness of these risk factors important.
Accidents are most common in:
- Urban Intersections: Major cities like Los Angeles, San Diego, and San Francisco have a high concentration of vehicles and foot traffic. Intersections are natural conflict points where accidents frequently occur.
- Crossing Outside of Intersections: Many collisions happen when people cross mid-block, away from a designated crosswalk. However, even without a marked crosswalk, drivers still have a duty to exercise caution and avoid pedestrians if possible.
- Parking Lots: Drivers searching for parking spaces are often distracted and moving in unpredictable ways, creating a dangerous environment for people walking to and from their cars.
- Roads at Night: National data shows that the vast majority of pedestrian fatalities, around 75%, happen at night. Poor street lighting and dark clothing can make it incredibly difficult for a driver to see a person on foot until it’s too late.
How Insurance Companies Approach Your Claim
Shortly after the accident, you will almost certainly get a call from the at-fault driver's insurance adjuster. The adjuster may sound genuinely concerned for your health and eager to resolve things quickly.
It is helpful to remember that an insurance company is a business. It must balance paying valid claims with maintaining its own financial health. The claims process is long, tedious, and filled with paperwork.
Here’s what to keep in mind when they call:
- Decline to give a recorded statement. You are not obligated to provide one. Adjusters are trained to ask questions in a way that can be used to shift blame onto you. You can politely decline and state that your attorney will be in contact.
- Do not accept an early settlement offer. A quick offer is almost always a low offer. It comes before the true, long-term cost of your injuries is known and is designed to make the claim go away cheaply.
- Do not sign any documents without a legal review. A release form is a legal contract that ends your right to seek any further compensation. It's always best to have an attorney review any paperwork before you sign.
Your Next Step Is a Conversation, Not a Commitment
The single most valuable thing you can do is understand your rights.
We can talk you through the process, answer your questions, and give you a clear, honest assessment of your legal options. The call is free, and there is no pressure and no obligation.Call Harris Personal Injury Lawyers today to speak with our team at (619) 864-7101.