Pedestrian Accident 101

1. Why Pedestrian Accidents Are Rising in California

From the Hollywood Walk of Fame to the 3rd Street Promenade in Santa Monica, California is known for its vibrant pedestrian hubs. But beyond these iconic walkways, the state’s roads tell a different story. California consistently leads the nation in pedestrian fatalities, with a rate nearly 25% higher than the national average. 

Over the years, pedestrian accidents have surged, raising serious concerns about infrastructure, driver behavior, and pedestrian safety. At DK Law, we are here for you if you or a loved one was struck by a vehicle while walking. From consultation to compensation, we’re ready to fight for everything you deserve, from your medical bills to lost income. 

This guide will provide you with everything you need to know about pedestrian accidents and safety. Let’s begin. 

*Please remember that the information provided is for general guidance only and should not be considered a substitute for professional legal advice. Consult with a qualified attorney for advice tailored to your specific situation.

2. Alarming Statistics: Why Pedestrians Face the Highest Risk

Despite efforts to improve traffic and vehicle safety, pedestrians remain one of the most at-risk groups on U.S. roads. Recent data highlights the alarming realities:

• 7,314 pedestrians were killed and 68,244 injured in traffic crashes in 2023.
• A pedestrian lost their life every 72 minutes, on average.
• Men accounted for 70% of pedestrian fatalities in 2023.
• Alcohol was involved in 46% of fatal pedestrian crashes, affecting either the driver or the pedestrian.
• 74% of pedestrian deaths occurred away from intersections.
• 77% of pedestrian fatalities happened in the dark.

When you put a human body against thousands of pounds of moving metal, the results can be catastrophic. Even at relatively low speeds, collisions often result in trauma that requires emergency care and long-term treatment.

3. What Causes Most Pedestrian Accidents in California?

California’s cities, especially San Francisco and Los Angeles, are filled with people walking, jogging, and running every day. But with so many pedestrians on the move, accidents are, unfortunately, all too common.

Some of the most common causes of pedestrian accidents include: 

Distracted Driving

Distractions are everywhere, with cell phones being the main culprit. Distracted driving poses a serious threat to road safety, putting pedestrians at significant risk. Distracted walking is also a concern, with an increasing number of pedestrians looking down at their phones. Always stay alert and focused on the road ahead, whether you’re a driver or pedestrian. 

Impaired Driving

Drivers who are under the influence of alcohol or drugs have a slower reaction time, making it harder for them to brake suddenly or stay in their lane. Pedestrians who may be crossing the street or simply walking on the sidewalk are no match for drunk drivers. Similarly, drunk pedestrians may contribute to accidents, either by darting into a roadway or crossing outside of a crosswalk. 

Speeding

Speeding and aggressive driving are responsible for thousands of traffic fatalities each year. Drivers moving at high speeds have less time to spot pedestrians and react safely. Additionally, studies have shown that higher vehicle front ends contribute to more moderate and serious pedestrian injuries. 

Poor Visibility

Most fatal pedestrian accidents occur at night, with reduced lighting and limited driver visibility. In fact, over 75% of pedestrian fatalities in the U.S. happen after dark, compared to only 19% during daylight hours. Pedestrians should wear light or bright clothing at night, while drivers must use caution and drive slowly, especially in residential areas. 

Arterial Roads

Many pedestrian crashes occur on wide, high-speed arterial roads that lack proper crosswalks or traffic signals. Mid-block crossings, in particular, are often hazardous due to poor signage or lighting. 

Left-Hand Turns

Drivers making left-hand turns are more likely to collide with pedestrians than those turning right. Visibility and judgment are often compromised, especially in busy intersections.

Jaywalking 

Crossing streets outside of marked crosswalks or against signals can be dangerous, especially when drivers aren’t expecting pedestrians in those areas. While jaywalking was legalized in California in 2023, it remains permitted only when it’s safe to do so, and pedestrians must not create an immediate hazard for oncoming traffic. 

Weather Conditions

Rain, fog, and other weather-related factors can reduce both driver visibility and vehicle traction. Wet roads can make it harder for vehicles to stop in time, increasing the risk of hitting a pedestrian. 

4. What to Do Immediately After a Pedestrian Accident (Step-by-Step)

Being hit by a vehicle is a traumatic and overwhelming experience. In the moments that follow, it’s easy to feel disoriented or unsure of what to do next. 

From ensuring your safety to securing legal representation, here is how to protect your rights and begin the path to recovery.

Move to Safety

Move away from oncoming traffic and to the side of the road before proceeding with any other steps. Ensure your safety is never compromised. 

Call 911

Immediately call the police to report the accident and request emergency services if immediate medical attention is needed. The responding officer should provide a police report, which is crucial evidence in a pedestrian accident claim. 

Collect Information

Exchange contact and insurance information with all involved parties, including their driver’s license and license plate. Also, collect statements and contact information from witnesses. 

Preserve Evidence

Take photos of the accident scene, involved vehicles, and your own injuries. Document as much of the accident as possible, incorporating road conditions, skid marks, traffic signs, and other descriptive information. 

Seek Medical Treatment 

Do not refuse medical services if a paramedic arrives at the scene of the accident. Otherwise, the insurance company can claim your injuries were not sustained because treatment was not accepted. A pedestrian accident victim must also ensure that a doctor examines their injuries. Medical records help build a claim and ensure a victim’s well-being is not compromised. 

Consult with a Lawyer 

To protect a case and prevent interference with an insurance company, seek legal guidance from an attorney as soon as possible.

5. Filing a Pedestrian Accident Claim: What to Expect

If you are hit by a vehicle while walking or jogging, you may be entitled to compensation from the at-fault driver. In California, all motorists are required to carry minimum liability insurance, which covers injuries to pedestrians and other third parties. 

Here’s what typically happens when you file a pedestrian accident claim:

1. Hire an Attorney

The first and most important step is to contact an experienced injury lawyer who represents pedestrians. They’ll assess your case, explain your rights, and handle communication with insurance companies, allowing you to focus on your healing. 

2. Investigation

Your attorney will launch a detailed investigation into the crash. This includes reviewing police reports, collecting medical records, gathering witness statements, and securing surveillance footage. The goal is to build a strong case that proves the driver’s negligence.

3. Negotiation 

Once enough evidence is gathered, your lawyer will negotiate with the at-fault party’s insurance company. Most pedestrian accident claims are resolved through settlement, which can cover medical expenses, lost wages, and pain and suffering.

4. Trial If Needed 

If the insurance company refuses to offer fair compensation, your attorney may file a lawsuit and take the case to trial. A judge or jury will then determine the outcome.

6. How Negligence & Fault Work in Pedestrian Accidents

Liability is generally based upon who acted negligently. 

To establish negligence, you must prove:

• Duty of care – The driver had a legal obligation to operate safely.
• Breach of duty – The driver violated that duty (e.g., speeding or texting).
• Causation – The breach directly caused the accident.
• Damages – You suffered measurable harm, such as injuries or financial losses 

California’s pure comparative negligence system means that even if a pedestrian is partially at fault for an accident, they can still recover damages. However, the total compensation is reduced by their percentage of fault. 

For example, if you were found to be 30% at fault for crossing against the signal, and your damages totaled $100,000, you could still recover $70,000.

Settling a pedestrian accident claim can take anywhere from months to years to settle. It all depends on the complexity of the case, the severity of the injuries, the length of medical treatment, whether liability is disputed, the insurance company’s cooperation, and whether the case goes to trial. 

7. What Compensation Can You Recover & How Long Do You Have?

If you suffer injuries in a pedestrian accident, you may be entitled to compensation for a wide range of damages. These typically include: 

• Medical Expenses – Emergency care, hospital stays, surgeries, rehabilitation, and future medical treatment.
• Lost Wages – Compensation for time missed from work due to injury, and future lost earning capacity if the injury results in long-term disability.
• Loss of Earning Capacity – If your injuries limit your ability to return to your previous job or reduce your long-term earning potential, you may be compensated for that future financial loss.
• Pain and Suffering – Physical pain, emotional distress, and reduced quality of life.
• Emotional Trauma – Beyond physical injuries, many victims experience anxiety, depression, PTSD, and other mental health challenges that can be compensated under non-economic damages.
• Property Damage – For any personal items (phones, glasses, etc.) damaged in the crash.
• Diminished Quality of Life –  If your injuries affect your ability to enjoy everyday activities, hobbies, or personal independence, compensation may be awarded to reflect this life-altering impact. 
• Wrongful Death – Surviving family members may seek damages for funeral costs, loss of companionship, and financial support if they lose a loved one.
  

California law sets strict time limits, known as statutes of limitations, for filing a claim. In most cases, you have two years from the date of the accident to file a personal injury lawsuit. If the claim is against a government entity (e.g., for a poorly maintained crosswalk), a government claim must be filed within six months.

Failing to meet these deadlines can result in losing your right to recover compensation, so it’s important to act quickly and consult a qualified attorney as soon as you can.

8. Who Qualifies as a Pedestrian Under California Law?

Under California law, a pedestrian is defined as more than just someone walking on foot. According to California Vehicle Code § 467, a pedestrian includes:

• A person walking
• A person using a mobility device, such as a wheelchair or motorized assistive device
• Anyone using a human-powered conveyance, other than a bicycle—this can include skateboards, roller skates, or scooters 

People using motorized tricycles or quadricycles for mobility also qualify as pedestrians under the law. 

9. California Laws That Protect (or Limit) Pedestrians

In California, pedestrians must obey traffic and safety laws, just as drivers do. These rules are designed to prevent accidents and protect everyone on the road. When a collision happens, whether or not a pedestrian followed these laws can significantly impact how fault is determined in a legal claim. These are some important laws to know: 

Right of Way 

Under California law, pedestrians always have the right of way at all marked or unmarked crosswalks. Drivers approaching the crosswalk must yield to pedestrians who are walking or about to cross. 

However, pedestrians essentially lose their right-of-way if they step into oncoming traffic, leave the curb suddenly, or walk outside of a crosswalk at an intersection. 

Jaywalking

Effective January 1st, 2023, the Freedom To Walk Act (AB 2147) allows pedestrians to cross a street safely outside of a crosswalk or against a traffic light without fear of a ticket. On the other hand, pedestrians may still be ticketed if they do not cross safely or put themselves in immediate danger. 

Daylighting 

Passed in 2024, California’s daylighting law makes it illegal to park within 20 feet of a marked or unmarked crosswalk, regardless of whether the curb is painted red. The law aims to increase pedestrian visibility at busy intersections by removing parked cars next to crosswalks. 

10. 7 Essential Pedestrian Safety Tips to Stay Injury-Free

Staying safe while walking requires constant awareness and good habits. Whether you’re on a busy street or a quiet neighborhood road, these pedestrian safety tips can help prevent serious injuries:

1. Be visible: Wear bright or reflective clothing, especially at night or in low-light conditions. Carry a flashlight if walking after dark to ensure drivers can see you. 
2. Put the phone away: Avoid distractions like texting, scrolling, or wearing headphones. Stay alert so you can hear and see approaching vehicles.
3. Look left-right-left: Always stop and look both ways—left, right, then left again—before crossing any street, even if you have the signal.
4. Use crosswalks: Cross at marked crosswalks or intersections where drivers expect to see pedestrians. Avoid jaywalking, especially on wide or fast-moving roads.
5. Walk facing traffic: If there’s no sidewalk, walk on the shoulder facing oncoming traffic. This helps you see vehicles and react if needed.
6. Be vigilant in driveways and parking lots: Stay alert for vehicles pulling into or out of driveways and those reversing in parking lots.
7. Don’t drink and walk: Avoid alcohol or drug impairment when walking–doing so greatly increases the risk of an accident. 

11. How DK Law Fights for Pedestrian Accident Victims

Being involved in an accident as a pedestrian is a terrifying experience. When the shock wears off, you may not even know whether a lawyer can help. At DK Law, we fight for the injured who feel like they don’t have a voice. 

Our mission is to fight for all people who have been harmed by negligence. Here is just a snapshot of what we can do for you: 

• Partner with expert witnesses (such as accident reconstructionists and medical professionals) to strengthen your case.
• Collect critical evidence, including police reports, surveillance footage, and eyewitness statements.
• Negotiate assertively with insurance companies and litigate in court when necessary.
• Offer personalized service tailored to your unique needs and circumstances.
• Work on a contingency fee basis, meaning you pay nothing unless we win your case.
• Offer 24/7 access to our responsive and compassionate client care team. 

12. After a Pedestrian Accident, DK Law is Here to Help

After a pedestrian accident, prioritizing your health should be your only concern. Your attorney will handle everything else – their sole job is to help you recover maximum compensation from the negligent driver.  

At DK Law, we’ve helped thousands of injury victims get the justice they deserve. Our free, no-obligation consultation can provide you with valuable insight into whether you have a case. Contact us to get started today.