TL;DR: Pedestrians are most likely to be hit in cities at intersections, mid-block crossings, and poorly lit areas where visibility and reaction time are limited. Older adults and children are frequently harmed, and liability often depends on proving driver negligence through reports, footage, and witness statements.
Highlights:
- Pedestrian accidents are common at busy intersections, crosswalks, and poorly lit areas.
- California law gives pedestrians the right of way at both marked and unmarked crosswalks.
- Drivers may be liable for pedestrian accidents, especially when negligence or failure to yield is involved.
- Gather evidence such as photos, medical records, and witness statements to support your case.
- Pedestrians may share fault if they fail to exercise reasonable care, such as jaywalking.
- California’s statute of limitations gives pedestrians two years to file a personal injury claim.
Tip: Collect all evidence and seek medical attention immediately to strengthen your claim.
Table of Contents
Pedestrians are most likely to be hit in busy cities, urban intersections, and poorly lit areas. For example, these accidents can occur in parking lots, crosswalks, driveways, and school zones. If you were injured by a negligent driver while walking in areas like these, you can file a personal injury claim.
The legal principle of negligence governs pedestrian accidents in California. Victims must prove that the driver caused their injuries by failing to drive safely. If they can do that, they can pursue compensation for losses such as medical expenses, lost wages, and emotional distress.
Where you were hit can impact how your case is investigated and proven. Evidence such as traffic or dashcam camera footage, witness statements, and police accident reports can also help demonstrate a driver’s negligence.
Where Do Most Pedestrian Accidents Occur?
Most pedestrian accidents occur on busy city streets. According to the Centers for Disease Control, 60% of pedestrian deaths occur on high-capacity urban roads with posted speed limits ranging from 45 to 55 mph.
However, pedestrian crashes can also occur elsewhere. In California, high-risk areas include:
- Intersections — In crowded cities, intersections account for most pedestrian accidents. SafeTREC data shows that 22% of the state’s pedestrian fatalities occurred in these areas in 2023.
- Crosswalks — Pedestrians are often struck on crosswalks, both marked and unmarked. Drivers can cause accidents when they don’t yield here.
- Mid-Block Crossings — Drivers often don’t expect pedestrians to cross mid-block and may be unable to anticipate their movements.
- Parking Lots & Driveways — Vehicles backing out of spaces or garages can hit pedestrians. In these scenarios, drivers frequently cannot see pedestrians walking behind them. Though they typically don’t cause high-speed impacts, these accidents can still result in serious harm, particularly to children and older adults.
- School Zones & Residential Areas — These areas typically have lower speed limits. Even so, accidents can occur. Children are especially at risk of injuries if motorists speed or drive while distracted.
- Rural Highways — Drivers of vehicles on rural roads often travel faster and with limited visibility. In some cases, accident risks may be higher due to poorer traffic infrastructure, such as a lack of street lights. Not many pedestrians walk along rural roads. However, those who do could get injured in high-speed collisions.
- Poorly Lit Areas — Pedestrian accidents often occur in poorly lit areas. Additionally, visibility at night can make it difficult for drivers to spot pedestrians. In fact, 75% of pedestrian fatalities in the US occurred between 6 p.m. and 6 a.m. in 2023. Many of these accidents can happen on rural roads and near construction sites.
Legal Considerations For Pedestrian Accidents In California
California’s laws aim to protect pedestrians after accidents. If you get injured while walking due to another driver’s negligence, you may be eligible to file a personal injury claim. It’s essential to understand your rights and what laws may apply in this scenario. Here are some key points to keep in mind:
- Duty of Care — People have a duty to exercise reasonable care to avoid accidents. They must prevent foreseeable harm to others.
- Right-of-Way — Pedestrians have the right-of-way at both marked and unmarked crosswalks. Drivers must also yield to pedestrians crossing at intersections.
- Comparative Negligence — Even when they have the right of way, pedestrians must still cross roads safely. If they don’t, they may share blame for an accident under California’s comparative negligence rule. In this case, they can still pursue compensation, but a court may reduce their award. Let’s say a pedestrian was 25% at fault for crossing the street without checking for traffic. A court can deduct that percentage from their total damages.
What Evidence Helps Prove A Pedestrian Accident Claim?
A strong pedestrian accident case requires sufficient evidence. Below are some examples:
- Police Report — Local authorities often create incident reports that shed light on the circumstances of a crash.
- Medical Records — A doctor can create a paper trail that links injuries to the accident.
- Surveillance Footage — Videos captured by traffic cameras can demonstrate how the accident occurred.
- Eyewitness Statements — Unbiased first-hand accounts of the collision can support a claim.
Common Causes Of Pedestrian Accidents
Generally, driver negligence is the top cause of pedestrian accidents. In 2023, 27% of all motor vehicle fatalities in California involved pedestrians. However, poor road infrastructure can also play a role. Determining what led to the crash can help lawyers, insurers, and courts identify who may be liable for your injuries and losses.
Below are common causes of pedestrian accidents:
- Distracted Driving — Using a phone, talking with passengers, and listening to loud music can make it harder for drivers to notice and stop for pedestrians.
- Failure to Yield — Drivers who don’t give those on foot the right of way are likely to cause harm.
- Driving Recklessly — Motorists who fail to check both directions when turning at intersections could hit someone crossing here.
- Speeding — Drivers who go beyond posted speed limits have less time to react to pedestrians.
- DUI — Driving under the influence can impair decision-making skills and reflexes.
- Infrastructure Issues — Poorly placed or maintained crosswalks, a lack of functioning street lights, and defective traffic signals can contribute to pedestrian accidents. Government agencies responsible for maintaining safe road conditions may share responsibility in these scenarios.
Common Injuries When Pedestrians Are Hit By A Car
When cars hit pedestrians, the resulting injuries can range from minor to severe. Some may walk away with only bruises or sprains. Others might sustain injuries that affect their quality of life, such as:
- Traumatic Brain Injuries — Severe head trauma can affect your cognitive function, emotions, and mobility. Some victims may face a long recovery process. Others could suffer permanent disability.
- Spinal Cord Injuries — SCIs can cause either complete or partial paralysis. Chronic pain, numbness, or restricted mobility can result from even minor spine injuries. Some victims may need to go through physical therapy, pain management, or surgery.
- Fractures — People may break their bones when hit by a car. Fractures can disrupt work, school, childcare, and daily life. They usually result in expenses related to hospitalizations, imaging tests, and physical therapy. In some cases, victims may need to seek additional care from an orthopedist or chiropractor.
These injuries can result in significant losses, such as medical bills, lost wages, and pain and suffering. If negligence caused your pedestrian accident, you could pursue compensation by filing a personal injury claim.
Safety Tips For Pedestrians
Being mindful of your surroundings can help prevent pedestrian accidents in places where they’re most likely to occur. Here are some tips for crossing the street safely:
- Check for oncoming traffic first.
- Exercise caution and anticipate driver errors. If a car is far away but appears to be speeding, for example, wait for it to pass.
- Cross at a designated crossing area whenever possible.
- Pay attention to traffic signals.
Frequently Asked Questions (FAQs) About Pedestrian Accidents
After a pedestrian accident, you might be looking for free accident lawyer advice to understand your rights and options. To get you started, here are answers to some common questions about the legal side of these crashes.
What Happens After A Pedestrian Accident Claim Is Filed?
After a pedestrian accident claim begins, certain phases of the legal process follow. Here’s an overview of the steps involved:
- Insurance companies investigate the crash to determine fault.
- Both parties share evidence.
- Settlement negotiations begin.
- If both sides can’t settle, the case may go to court.
Generally, it takes roughly six to 12 months to settle a pedestrian accident claim after it’s filed. However, this resolution timeline can vary if your case involves severe injuries or unclear liability. These issues can lead to disputes during any of the steps mentioned above.
Can A Pedestrian Be Held Liable For An Accident?
Yes, pedestrians could be held at least partially liable for an accident and the injuries it causes. California’s comparative fault rule would apply. Some examples of cases where pedestrians can share fault include:
- Darting into the street, jaywalking or not, without first checking for oncoming traffic.
- Jumping out into traffic from between cars parked on the side of the road.
- Walking into the road while under the influence of drugs or alcohol.
- Stepping into the road while distracted, such as when staring at a smartphone, and expecting others to stop.
What If I Get Hit By A Car While Jaywalking?
Getting hit while jaywalking can raise liability issues. California’s Freedom to Walk Act, AB 2147, decriminalizes jaywalking. However, it does not relieve a pedestrian of their duty of care. In other words, you must still exercise caution when crossing outside of marked crosswalks. If you jaywalked when it wasn’t reasonably safe to do so, you could share fault for the accident and your injuries.
What Are Recoverable Damages After A Pedestrian Accident?
Under California law, victims of pedestrian accidents can pursue the following types of compensation:
- Economic Damages — Financial losses, such as:
- Medical bills, including costs for ongoing care.
- Lost wages or income.
- Property damage.
- Non-Economic Damages — Losses without a clear monetary value. Examples include:
- Pain and suffering
- Loss of enjoyment in life
- Loss of consortium
The type and amount of damages you can seek depend on the specifics of your accident. Some factors that may affect compensation include injury severity, available documentation for your losses, and the other party’s willingness to settle.
When Do I Have The Right Of Way In California?
As a pedestrian, you generally have the right of way at both marked and unmarked crosswalks. California law requires drivers to either yield here or refrain from passing other vehicles that have stopped for you.
However, you are not exempt from observing traffic laws. For example, you must still check for traffic before crossing a street. If you don’t act with reasonable care, you may be considered negligent for putting yourself and others at risk.
Do Lawyers Only Get Paid If They Win My Pedestrian Accident Case?
Yes, but only if they work on a contingency fee basis. If they do, they won’t charge you for their services unless you receive compensation through a settlement or court award.
How Long Do I Have To File A Claim?
In California, injured pedestrians typically have two years from the date of the accident to file a claim. This deadline is known as the statute of limitations. Note that certain exceptions may affect it. For example:
- Government claims have stricter deadlines. Typically, you must file an administrative claim within six months.
- The statute of limitations for underage victims pauses until they turn 18.
- California law tolls the deadline for cases involving hidden injuries. The two-year time frame will instead start on the date you became aware of, or should have reasonably discovered, them.
Seek Legal Guidance For Your Pedestrian Accident Claim
Pedestrian accidents can result in injuries and financial strain. Injured victims can seek compensation through a personal injury claim if negligence was involved. However, the legal process can be complicated, especially when liability is unclear.
If you’re in this situation and are thinking, “I need a personal injury lawyer,” consider consulting Arash Law. Our team of pedestrian accident attorneys can help review your accident. If you have a case, they can assist with filing a claim so you can seek fair compensation under California law.
We operate on a no-win, no-fee basis. That means we only charge legal fees if you recover compensation. Contact AK Law at (888) 488-1391 for a free initial consultation.
