Legal Rights of Injured Pedestrians

California Pedestrian Rights

Walking is a daily part of life in California, but the risk of pedestrian accidents is real. If you or someone you love has been hurt while walking, you may feel overwhelmed and unsure about your next steps. Knowing your legal rights as an injured pedestrian can make a crucial difference in your recovery. California law offers important protections, and holding negligent drivers accountable can help you move forward.

Many people do not realize that pedestrian injury claims fall under personal injury law, which protects individuals harmed by someone else's actions. If your accident happened near a crosswalk, at an intersection, or even in a parking lot, the law may be on your side. You may also have claims if your injury involved a car accident, a rideshare vehicle, or a bicycle.

What Counts as a Pedestrian Accident?

A pedestrian accident is any incident where someone walking, jogging, or standing is struck by a vehicle or bicycle. This includes:

• Crosswalk collisions with cars
• Hit-and-run accidents
• Parking lot injuries
• Accidents involving motorcycles or bicycles
• Incidents with rideshare vehicles
• Injuries caused by unsafe sidewalks or road conditions

These accidents can cause serious injuries, including fractures, head trauma, and emotional distress. California recognizes the vulnerability of pedestrians, giving them extra legal protections in most traffic situations.

Key California Laws Protecting Pedestrians

California Vehicle Code offers vital safeguards for pedestrians, including:

• Drivers must yield to pedestrians in marked and unmarked crosswalks (CVC §21950).
• Vehicles must stop for any pedestrian crossing with the light or within a crosswalk.
• Speed limits in school zones and residential neighborhoods are lower to protect foot traffic.
• Drivers are prohibited from passing vehicles stopped at a crosswalk.

If a driver violates these rules and causes injury, you may have a right to seek compensation. In some cases, the city or county may also be responsible if poor road conditions or inadequate signage contributed to your injury. Learn more about proving driver negligence in bicycle accidents and how similar principles apply to pedestrian cases.

When the Driver Isn’t the Only Party at Fault

Not all pedestrian accidents are caused by negligent drivers. Sometimes, other factors play a role:

• Poorly maintained sidewalks or crosswalks
• Broken traffic signals
• Lack of street lighting
• Construction hazards

These situations might involve claims against government agencies or property owners under premises liability. Knowing who may be at fault is key to protecting your rights.

Proving Fault in California

To recover damages, you must show the other party was careless (negligent) and that their actions led to your injury. This usually requires:

• Police reports and witness statements
• Medical records documenting your injuries
• Photos or videos from the scene
• Proof of driver violations or hazardous conditions

California uses a “comparative fault” system. This means even if you were partly at fault (for example, stepping outside the crosswalk), you may still recover damages, but your compensation can be reduced. If you have questions about how to prove fault in a pedestrian accident, you can learn more on our site.

Steps to Take After an Accident

Acting quickly after a pedestrian accident helps protect your rights. Here’s what you should do:

• Call 911 and get medical help, even if injuries seem minor.
• Report the incident to law enforcement.
• Take photos of your injuries, the vehicle, and the scene.
• Collect contact information for the driver and any witnesses.
• Avoid discussing fault at the scene.
• Notify your insurance company, but avoid giving detailed statements without legal advice.

See our guide on steps to take after a pedestrian accident for more details.

What Damages Can You Recover?

California law allows injured pedestrians to recover compensation for:

• Medical bills (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or scarring
• Property damage (phones, glasses, etc.)

In serious cases, you may also seek damages for loss of enjoyment of life. Our article on common injuries in rideshare accident claims explores related harm that can apply to pedestrian claims as well.

Time Limits to File a Claim

You have a limited time—generally two years from the date of the accident—to file a personal injury lawsuit in California. If a government agency is involved (such as a city or county), you may need to file a claim within six months. Missing these deadlines can prevent you from recovering any damages.

Dealing with Insurance Companies

Insurance adjusters may reach out quickly after your accident. Remember, their goal is to minimize payouts. Before accepting any settlement, consider:

• Consulting an attorney for a case review
• Not signing releases or providing recorded statements without advice
• Keeping records of all communications

See our article on steps to take after a car accident to protect your claim for tips that also apply in pedestrian cases.

What If the Driver Fled the Scene?

Hit-and-run accidents are unfortunately common. If the driver cannot be found, you may still have options:

• Your own uninsured motorist coverage may apply
• Crime victim funds in California could help with medical costs
• Surveillance footage or witness statements may help identify the driver

Visit our car accidents and personal injury pages for more on hit-and-run claims.

Pedestrian Accidents Involving Rideshares

Being hit by an Uber or Lyft driver adds another layer of complexity. Rideshare companies often carry additional insurance, but getting compensation can be complicated. You may want to review our rideshare accidents page for more information.

Preventing Future Accidents

While you can’t prevent every accident, you can reduce your risk by:

• Using marked crosswalks
• Wearing visible clothing, especially at night
• Avoiding distractions such as phones while walking
• Making eye contact with drivers before crossing

Our article on how to avoid common bicycle accidents includes safety tips that pedestrians can use, too.

When to Contact a Lawyer

If you’ve been hurt as a pedestrian, you don’t have to face insurance companies or legal challenges alone. An attorney can help you:

• Investigate the accident and gather evidence
• Identify all potential sources of compensation
• Handle insurance negotiations and paperwork
• File claims against the right parties

For a personalized review of your case, contact us today for a free consultation or call (888) 970-8627. We’re here to support you and help you understand your options every step of the way.

Frequently Asked Questions about Legal Rights of Injured Pedestrians

Do pedestrians always have the right of way in California? California law generally gives pedestrians the right of way in marked and unmarked crosswalks, but pedestrians must also act with reasonable care. Both drivers and pedestrians share responsibility for safety.

What damages can I claim after a pedestrian accident? You may claim medical expenses, lost wages, pain and suffering, and compensation for permanent injuries. Each case is different, so it's important to document all losses.

How long do I have to file a pedestrian injury claim in California? In most cases, you have two years from the accident date to file a lawsuit. If a government entity is involved, the deadline can be as short as six months.

Can I still recover damages if I was partly at fault? Yes. California’s comparative fault rules allow you to recover damages even if you were partially at fault, though your recovery may be reduced by your percentage of fault.

What should I do after a pedestrian accident? Call 911, get medical care, collect evidence, and avoid discussing fault at the scene. Speak with a lawyer before talking in detail with insurance companies.

Disclaimer: This is an advertisement. The information provided is for general purposes only and is not legal advice. Consult a qualified attorney for your specific case. Attain Law cannot guarantee outcomes, as results vary by situation.