You’re walking along a quiet street in Southern California, enjoying the sunshine and breeze, when an SUV suddenly comes around the corner and strikes you. The accident’s aftermath is a blur with flashing lights, paramedics, and questions you’re unsure how to answer. Fear, confusion, and pain set in. What happens now? What are your rights?
If this has happened to you or someone you love, The Beliz Law Firm team can explain what you need to know about California pedestrian accident laws and what steps to take on your journey toward recovery and justice.
California’s Protections for Pedestrians
As pedestrian fatalities have continued to rise since 2021, prioritizing pedestrian safety is a top goal in California. Pedestrians are among the most vulnerable road users, so the state has set clear rules for drivers and pedestrians to ensure their safety.
Driver’s Duty of Care
California drivers approaching a pedestrian in any marked or unmarked crosswalk must exercise due care, including:
- Slowing down as they approach the crosswalk;
- Yielding the right of way to pedestrians; and
- Taking any reasonable action necessary to avoid hitting a pedestrian.
Failing to adhere to these rules constitutes negligence, making the driver legally responsible for any harm caused.
Pedestrian’s Responsibilities
California pedestrian accident laws prioritize pedestrian safety. However, pedestrians must also exercise a reasonable degree of caution. They may not:
- Enter a crosswalk suddenly and create an immediate hazard; or
- Loiter in the crosswalk, unnecessarily delaying traffic.
Both parties share a duty of care, and California law emphasizes mutual respect on the roads to prevent accidents.
Pedestrian Rights: What Happens If a Pedestrian Gets Hit by a Car
When a pedestrian is hit by a car, the law allows them to hold the negligent driver accountable. The consequences of being hit by a vehicle can be devastating. Medical bills and lost wages can quickly add up while you are recovering, leading to overwhelming physical, emotional, and financial stress. However, understanding your rights can help level the playing field.
Proving Negligence
To win a personal injury lawsuit, the injured pedestrian must establish negligence on the driver’s part. This typically involves showing that the driver:
- Breached their duty of care,
- Caused the accident through their actions or inactions, and
- Directly caused your injuries as a result of the accident.
Negligent actions can include:
- Running a red light;
- Failing to yield at a crosswalk;
- Driving under the influence; and
- Distracted driving, like texting or talking on the phone.
An attorney can gather evidence such as traffic camera footage, witness testimony, and expert evaluations to support your claim.
What Type of Compensation Is Available for Injured Pedestrians?
Under California law, you may recover damages for:
- Current and future medical expenses,
- Lost wages and diminished earning capacity,
- Pain and suffering, and
- Rehabilitation costs.
Act quickly. California’s statute of limitations for personal injury claims is generally two years from the accident date. Delaying too long may put your chances of receiving compensation at risk.
What to Do After a California Pedestrian Accident
Taking the following steps can help protect your rights in a pedestrian accident:
- Call emergency services. Report the accident immediately and request medical attention. These acts ensure proper documentation of your injuries.
- Gather evidence. Take photos and videos of the scene, including the car that hit you, your injuries, and the crosswalk or intersection. Witness contact information is also crucial.
- File a police report. Request an official report which provides a detailed account of the incident.
- Seek additional medical care. Even if you don’t feel seriously hurt, see a doctor promptly. Some injuries may not appear immediately.
- Contact an attorney. Navigating the legal process can be complex. An experienced pedestrian injury attorney can guide you through your options.
Taking these steps safeguards your rights and helps ensure you receive the compensation you deserve for your injuries and losses.
Find Your Footing Again with The Beliz Law Firm
The path forward can feel uncertain when you’ve suffered an injury as a pedestrian. You may wonder how you’ll pay your medical bills, when you’ll recover, or whether the driver will face consequences.
At The Beliz Law Firm, we stand ready to help you regain control. Our team brings years of experience handling pedestrian accident cases across Southern California. We understand the laws, the tactics insurance companies use to minimize claims, and the profound impact these accidents have on victims and their loved ones. Contact us online or call us today for a free consultation and take your first step toward justice.
Resources:
- California Vehicle Law § 21950, link.
- 2023 Annual Report. California Office of Traffic Safety, link.
- Personal injury cases. California Courts, link.
- California Civil Code § 3281-3283, link.
- California Civil Procedure Code § 335.1, link.
- Bicyclists & Pedestrians, California Department of Motor Vehicles, link.
- Pedestrian Safety. National Highway Traffic Safety Administration, link.
Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.
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