Pedestrian Accidents
A subtype of Motor Vehicle Accidents
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About Pedestrian Accidents
California law provides strong protections for pedestrian rights. If you were struck by a vehicle while walking, jogging, or crossing the street, you likely have the right to seek compensation. Pedestrian accidents often result in severe injuries — fractures, traumatic brain injuries, and spinal cord injuries — leading to substantial medical expenses and a lengthy recovery. Even if you were not in a crosswalk, you may still be entitled to compensation.
Frequently asked questions
Who is at fault when a pedestrian is hit in a crosswalk?
Drivers must yield to pedestrians in crosswalks — marked or unmarked (Veh. Code §21950; unmarked crosswalks at intersections count too). Struck inside a crosswalk, the driver usually bears primary fault.
I wasn't in a crosswalk (jaywalking) — can I still recover?
Yes. Under pure comparative negligence, being outside a crosswalk only reduces your recovery by your share of fault — it doesn't zero it. And since 2023, the Freedom to Walk Act (AB 2147) limits jaywalking enforcement — crossing safely is no longer automatically a violation.
What's distinctive about pedestrian-injury compensation?
Pedestrians have no protection, so injuries are typically severe (fractures, head trauma) and medical plus non-economic damages loom large. If the driver's limits are too low, the UM/UIM on your own auto policy usually covers you as a pedestrian too.
The driver says they "didn't see me" — is that a defense?
No. "I didn't see them" usually shows a failure to keep a proper lookout. Darkness or obstructed views may factor into comparative fault, but they don't erase the driver's duty to yield to pedestrians.
General information, not legal advice.
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