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Los Angeles Pedestrian Accident Lawyer

LA’s Pedestrian Rights to Personal Injury Protection

While the cause of pedestrian accidents varies, these types of accidents are preventable. Whether a driver ran a red light, didn’t stop at a crosswalk, was texting and driving, or was just not paying attention to the road, he or she can be held liable for causing a pedestrian’s injuries. Due to the impact a speeding vehicle can have on a human being, injuries sustained as a result of a pedestrian accident are often debilitating and sometimes fatal.

The city of Los Angeles is infamous for pedestrian accidents— it’s the top worst city for pedestrian deaths in the U.S. Over 65% of all severe and fatal traffic collisions involving people walking occur on just 6% of our city streets, and it’s known as the High-Injury Network. Of the 86 traffic collision deaths in Los Angeles by May 2020, 50 victims — nearly 60% — were pedestrians killed by drivers.

If you have suffered injuries or property loss after a pedestrian accident, you may be entitled to compensatory damages for:

1. What to Do if I Suffered A Pedestrian Accident

The steps to take immediately after a pedestrian accident are crucial. Your health and safety must always be your first priority if you are injured in a pedestrian accident. Please call 911 immediately and request help if you are injured. It’s possible that you may feel fine immediately after being knocked down. However, even serious injuries may not show any adverse symptoms until the next day, or even several days after. Therefore, it’s always recommended to seek medical treatment as soon as possible, whether you believe you are seriously hurt or not.

The next thing you must do is gather as much relevant information about the accident as you can. Please make sure to include:  

  • Contact information for any available witnesses
  • Names and contact information for everyone involved
  • Photos/videos of the accident scene, the offending vehicle, and your injuries
  • Offending driver's name, driver's license, insurance information, and license plate number 

It is crucial that you DO NOT admit fault or even suggest who may be at fault. If possible, DO NOT SPEAK about the accident at all. It’s perfectly normal to feel upset and get caught up in the moment, but discussing the accident -- and especially, apologizing for it -- will not help you and can be used against you.

Finally, it is important to retain the services of a Los Angeles pedestrian accident attorney. Do not attempt to negotiate directly with the insurance company. They are not on your side and will try to pressure you into settling for less money than you deserve. An experienced pedestrian accident attorney can deal with the insurance companies for you and will always be available to answer any questions about liability or damages owed to you.

1.1 Laws Affecting Pedestrians And Drivers

Below are several laws affecting both drivers and pedestrians, according to the California Vehicle Code. Among other considerations, a pedestrian accident lawyer will consider the following laws when determining who is at fault:

  • A driver must always yield the right of way to a pedestrian who is crossing a roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
  • A driver must never stop within a crosswalk, as this forces a pedestrian to walk around that vehicle, which can be very dangerous.
  • A pedestrian is never allowed to jaywalk. If a driver is involved in a collision because he or she was trying to avoid hitting a jaywalker, the jaywalking pedestrian would be held liable.
  • A driver must never pass a vehicle stopped at a crosswalk. The stopped driver could be waiting for a pedestrian to cross safely.
  • A driver can drive on a sidewalk only when entering or exiting a garage or alleyway. However, that driver must still yield to a pedestrian when doing so.

2. Common Pedestrian Accident Causes

The majority of pedestrian accidents are caused by negligent drivers, but that won’t always be the case. There are a variety of circumstances that can cause a pedestrian to become injured by being knocked down. 

Below are several causes of pedestrian knockdown incidents:

  • Physical altercations
  • Runners on a sidewalk
  • Bicyclists on a sidewalk
  • Skateboarders on a sidewalk
  • Distracted or negligent drivers
  • Uncontrolled or unleashed dogs
  • Large groups of people on a sidewalk
  • Parked cars suddenly opening their doors
  • Children running around or rough-housing
  • Distracted pedestrians not watching the road
  • Trucks or buses with large side mirrors that extend into a sidewalk

3.Who Is Responsible For A Pedestrian Accident?

Many people automatically assume that a driver is always to blame for causing a pedestrian accident. However, it’s possible for a pedestrian to also be at fault, either completely or partially. Just because a pedestrian is careful does not mean he or she has the right of way. It also does not mean they will be exempt from liability if they were involved in a collision with a vehicle.  

All drivers and pedestrians have a responsibility to one another: a driver must use reasonable care to avoid hitting a pedestrian and a pedestrian must use reasonable care to safely cross a street.

California has several right of way laws regulating pedestrian safety.The penalty for a driver who does not yield the right of way to a pedestrian is at least $220 when injuries are involved. The penalty for not yielding to a blind pedestrian is more severe: a maximum $1,000 fine and six months in prison, or possibly both.

By law, drivers and pedestrians must be aware of their immediate surroundings. Following right of way laws may help absolve a driver of criminal wrongdoing, but this will not minimize his or her degree of fault. Even if a person walks across the street and does not use a crosswalk when a driver has a green light, that driver still has a duty of care to avoid hitting that jaywalker.

Likewise, a pedestrian cannot suddenly step off the curb when a car is near, or stop in the middle of an intersection, or block traffic even when they have the right of way. As mentioned, both drivers and pedestrians must be aware of their immediate surroundings and act in a safe manner.

Let’s consider an example:

Terrance is walking down Sunset Boulevard while slightly intoxicated on a legally purchased cannabis cookie. Terrance is not particularly careful about where he is going and jaywalks several times, interrupting the flow of traffic. Fortunately, most drivers, despite their annoyance, wait for him to cross the street even though he is not using a crosswalk.

Meanwhile, Randy is driving down Sunset Boulevard. Randy is not speeding. However, Randy is not fully attentive and is also doing a bit of texting.

Terrance suddenly walks across the middle of the street and is struck by Randy, who was momentarily looking down at his phone. Terrance suffers horrific injuries, including paralysis and brain damage.

Considering the circumstances, both individuals were at fault. Terrance shouldn’t have been intoxicated and he should have used a crosswalk. On the other hand, Randy should have been more careful, because even though Terrance didn’t use a crosswalk, it doesn’t mean he still isn’t entitled to a duty of care as a pedestrian.

In conclusion, a pedestrian who is hit by a car while in a crosswalk, parking lot, and sometimes even in the middle of a roadway, may be entitled to compensation through a personal injury lawsuit if driver negligence was involved. However, it is possible, as the above example illustrates, for a pedestrian to share some responsibility for causing an accident, as well.

4.When Can I Sue For A Pedestrian Accident?

In the U.S, one pedestrian dies every 90 minutes.Los Angeles city data shows that pedestrians are involved in 8% of traffic collisions yet account for nearly 45% of all traffic deaths annually. According to the LAPD pedestrian deaths have exceeded motorist deaths every year since 2010.

As with most personal injury accidents, in order to be entitled to damages a pedestrian accident victim must prove that the offending driver was negligent. In summary, this means that:

  • The driver owed the pedestrian a duty of care,
  • The driver breached his or her duty of care through negligence
  • The driver’s negligence was the primary cause of the pedestrian’s injuries.

In general, if a driver acted in a negligent manner while behind the wheel, he or she could be found liable for causing harm to a pedestrian. A few examples of driver negligence include:

  • Speeding
  • Failing to yield
  • Texting and driving
  • Running through a stop sign
  • Driving under the influence of drugs or alcohol
  • Hitting another driver who was in an emergency lane
  • Not allowing sufficient space for a pedestrian who is entering a parked car

According to California’s Vehicle Code 21960 VC, a driver must yield the right of way to a pedestrian in all marked crosswalks or at an intersection. Failing to yield to a pedestrian in a crosswalk or intersection will likely cause the driver to bear liability for the accident.

California Vehicle Code 21709 VC also makes it illegal to drive in a safety zone. In summary, any driver who hits a pedestrian in a safety zone will most likely be found liable.

4.1 Can I Sue Someone Who Didn’t Control Their Dog?

An irresponsible dog owner who loses control of his or her dog can be held liable for causing harm to a pedestrian. If a dog knocks over or attacks a pedestrian, the victim must show that:

  • The dog owner acted negligently 
  • The dog owner already knew their dog was a threat to pedestrians 
  • The dog owner did not take any or enough reasonable steps to prevent harm to pedestrians

Let’s consider an example:

Say that Jorge is out on a walk through downtown LA. Meanwhile, Sammy is walking her puppy on a leash. Sammy’s puppy is very energetic and Sammy must work hard to restrain him. While waiting for a street light to change, Sammy momentarily  loosens her grip on the leash. In that split second, Sammy’s dog runs off and jumps onto Jorge, knocking him down. 

Jorge badly sprains his wrist from the fall and suffers minor cuts to his face. Sammy immediately apologizes to Jorge and says that her dog was just being friendly and didn’t mean him any harm. However, Jorge is furious and threatens legal action.

In this example, Jorge does have a personal injury claim against Sammy because Sammy knew her dog could cause someone harm, even without meaning to. Sammy was not careful enough to prevent her dog from injuring anyone, and as a result of her negligence Jorge suffered injuries.

4.2 Can I Sue A Bicyclist?

Yes, a negligent bicyclist who causes a pedestrian accident may be held liable for the resulting injuries suffered by that pedestrian, even if that bicyclist was legally riding on the sidewalk. According to Los Angeles’ Municipal Code 56.15, a bicyclist can legally ride on the sidewalk. 

However, this cannot be done “with a willful or wanton disregard for the safety of persons or property.” In other words, a bicyclist who chooses to ride on a sidewalk can do so, but must be very careful. Failure to do so can result in liability. 

If a pedestrian is hit and injured by a bicyclist while on the sidewalk, he or she is entitled to damages by proving that:

  • The bicyclist’s negligence caused the accident, or
  • The cyclist displayed a “willful or wanton disregard for safety”

Finally, if a pedestrian accident occurred in an area where bicycling on the sidewalk is illegal, the bicyclist will likely be found liable for the accident.

4.3 Can I Sue The City For Poorly Maintained Roads?

Yes, as long as the sidewalk is on city property, the city can generally be held liable for a slip and fall accident. This is especially true if the city was previously aware of the dangerous sidewalk yet did nothing to address it. Worse, is when a city is aware of prior injuries caused by a dangerous sidewalk and still does not take reasonable measures to address the issue. 

Under California premises liability law, all property owners -- including the city -- are required to keep their property in a reasonably safe condition. This includes maintaining sidewalks and any areas where a pedestrian may be in good condition. 

In order to establish premises liability, a pedestrian needs to prove that:

  • The defendant occupied, owned, or controlled the property
  • The defendant was negligent in relation to property maintenance
  • The plaintiff was harmed as a result of the defendant’s negligence
  • The defendant's negligence was the significant factor that caused a plaintiff harm

It is also possible for a city to be held liable for losses and injuries caused by faulty traffic signals, as well.

5. Available Damages After A Pedestrian Accident

Due to their violent nature, injuries suffered as a result of a pedestrian accident may require costly medical care. It’s likely that an accident victim will have to miss work or school for a long period of time. Sadly, many pedestrian accident victims may never work or live a full life again.

An injured pedestrian is typically entitled to sue for compensatory damages. Compensatory damages after a pedestrian accident may include:

  • Counseling
  • Lost wages
  • Medical bills
  • Property loss
  • Emotional distress
  • Loss of consortium 
  • Lost earning capacity
  • Scarring or disfigurement
  • Occupational and Physical Therapy

Due to the negligent nature of many pedestrian accidents, a victim may also be entitled to punitive damages. However, a pedestrian accident victim must be able to prove that the other party deliberately tried to cause them harm. Punitive damages are only awarded at the court’s discretion and are meant to punish a wrongdoer for his or her deliberate acts of malice.

An obvious example of a pedestrian accident claim that would almost certainly qualify for punitive damages is when a driver deliberately tries to run over a pedestrian.

6. Pedestrian Accident Information and Resources

  • When Environmental Conditions Cause A Pedestrian Accident All drivers and pedestrians have a responsibility to one another: a driver must use reasonable care to avoid hitting a pedestrian, and a pedestrian must use reasonable care to safely cross a street. This applies regardless of weather conditions.
  • Pedestrian Hit by Car │ No Injuries │ What You Should Know Just because you don’t feel hurt doesn’t mean you aren’t. We strongly recommend waiting until you have been checked out by a doctor before you make any statements or sign anything an insurance company places in front of you. The insurance adjuster’s job is to make sure you settle for less money than you deserve.
  • What Happens When a Pedestrian Hits My Car on Purpose? It is entirely possible for a pedestrian to share some degree of liability for a pedestrian-car incident, especially if a pedestrian deliberately hits a vehicle. However, a driver could also be held liable if they played a role in the accident
  • Construction Site Injuries A general contractor has a basic duty of care to maintain their construction site in reasonably safe conditions, or at the very least provide enough warnings about any potentially hazardous conditions. Failure to do so may result in liability.
  • Left-Hand Turns │ Personal Injury Lawyer Anytime a driver fails to follow the right of way and causes a pedestrian accident, he or she may be held liable. In large part, left hand pedestrian accidents are so common because many drivers do not abide by safe driving laws.
  • Hitting Someone With a Car on Purpose In the majority of all pedestrian accidents, negligence on behalf of either the driver or pedestrian will play a significant role in causing a pedestrian accident. It is completely immoral and illegal to hit someone with a vehicle on purpose.
  • Main Causes of Pedestrian Accidents A pedestrian accident occurs when a pedestrian is injured upon coming into contact with a person or object. This includes being struck by a vehicle, a bicyclist, pedestrian, scooter rider, animal, and more. 
  • Child Pedestrian Accident Statistics  When a child pedestrian gets in an accident, the severity of damages can be dire due to a child’s smaller frame compared to the large impact a being stuck by an object, other person, or vehicle can have on them. 
  • Pedestrian At-Fault Car Accident │ Contact a Pedestrian Attorney In some cases, it is not necessarily the vehiclist’s fault for causing an accident, rather it might be the pedestrians. California is a comparative negligence state, meaning that more than one party can be held responsible for causing an accident. However, the degree of negligence from each party can contribute to the level of liability for which they are held accountable. 
  • What to Do if You're in a Pedestrian Accident  The aftermath of a pedestrian accident can be a blur. However, there are several important steps to take in order to ensure that you get the help that you need in order to recover your physical, emotional, mental, and financial well-being. 
  • Pedestrian Deaths in Los Angeles  When a collision involves a pedestrian, the crash could be fatal. Los Angeles is a city home to a highly dense population of people and the highest rate of vehicle collisions in the country - it should come to no surprise that pedestrian deaths have resulted from a collision. 
  • Faulty Lights or Signs  Pedestrian accidents can be caused due to a faulty light or sign, which the city is responsible for maintaining and upkeep. When the city fails to provide its duty of care to its inhabitants, it can also be sued for its negligence. 
  • How to Reduce Pedestrian Accidents Pedestrian accidents can be prevented if the city, drivers, and pedestrians take the proper measures and precautions to protect themselves. Everyone has to play their part in keeping the streets safe. 
  • Jaywalking Laws It is usually said that pedestrians have the right of way, however, this is not always true. A pedestrian accident can occur when a pedestrian decides to jaywalk, which means to cross the street in an unauthorized place (where there is no crosswalk) - this is against the law. 
  • Does Walking Drunk Affect Comparative Liability? Being a drunk pedestrian undoubtedly increases the chances of getting into a pedestrian accident. Who is the one responsible for causing an accident involving a drunk pedestrian? California is a comparative liability state, which means that more than one party can be found at fault for an accident. 
  • Types of Pedestrian Accidents  There many different ways pedestrians can get into accidents when walking down the street. These different ways pedestrian accidents occur include, though are not limited to a vehicle backing up into a pedestrian, a vehicle running through an intersection where pedestrians are crossing, or a vehicle veering off of the main road to hit a pedestrian. 
  • Most Dangerous Pedestrian Areas in Los Angeles Los Angeles is a vibrant city where the streets are filled with pedestrians, drivers, and other forms of transportation. There are some parts of Los Angeles more well known for its danger to pedestrian safety that should be avoided, however.
  • Determining Fault in Pedestrian Accidents  Determining fault can be a complicated process that should be left for attorneys to prove. Fault is determined by negligence of the parties involved that caused the accident. California is a comparative negligence state meaning that more than one party can be found at fault. 
  • Recoverable Damages After a Pedestrian Accident If you get injured in a pedestrian accident, you can receive compensation for your injuries and the damages you have experienced as a result of those injuries. The compensation you can receive includes, though is not limited to coverage for the following: lost wages, medical bills, and pain and suffering. 
  • What Happens When a Bicyclist Hits a Pedestrian in an Accident If a bicyclist hits a pedestrian in an accident, there are several important steps to take. Victims of injuries from the accident can pursue compensation even if the bicyclist doesn’t have bike insurance though it might be a more complicated process. An experienced pedestrian attorney can help you navigate the insurance procedures to get the compensation that you deserve.
  • What Happens When a Pedestrian Gets Hit by a Scooter Rider? Scooters cause hazards throughout the city. Riders are not permitted to ride on sidewalks, as they are supposed to ride in the bicycle lanes. However, not all scooter riders follow the rules and this can lead to an accident where they hit a pedestrian.
  • Contact a Pedestrian Injury Attorney  An experienced pedestrian accident attorney who knows how to take on the insurance companies can help you get the compensation that you deserve. 
  • Pedestrian Right-of-Way Laws
    We often hear about how pedestrians always have the right-of-way, but what exactly does this mean? While pedestrians may have the right-of-way to vehicles in certain situations, they still might have to yield in other situations
  • Jaywalking Pedestrian Accident
    While a jaywalking pedestrian may be partially at-fault for causing an accident, they may still be eligible to recover compensation for their injuries. Just how much compensation they can recover, however, depends on how much the other party contributed to causing the accident as well.


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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