We Win Pedestrian Accident Cases.

Justice Means Holding Drivers Accountable for Their Mistakes

In 2023 alone, 7,314 pedestrians lost their lives, and more than 68,000 were injured in vehicle-related accidents. These alarming numbers highlight a harsh truth: pedestrians are among the most vulnerable people on our roads.

When drivers fail to yield, drive distracted, or ignore pedestrian safety laws, the consequences can be catastrophic. Whether you were struck in a crosswalk, on a sidewalk, or in a parking lot, you shouldn’t have to shoulder the financial and emotional burdens alone.

At DK Law, we are committed to helping injured pedestrians seek justice and recover the compensation they deserve.

Common Mistakes That Put Pedestrians in Danger

Pedestrian accidents can happen anywhere, not just at busy intersections. In fact, many occur in parking lots, driveways, and even on private property. As larger vehicles become more common and distractions increase, pedestrians are at greater risk. 

Pedestrian accidents can be the result of preventable driver negligence. Understanding the most common causes can help you recognize when your rights may have been violated.

Distracted Driving and Walking

Whether it’s texting behind the wheel or looking down at a phone while crossing the street, distractions are a major contributor to pedestrian accidents. Both drivers and pedestrians must remain alert to avoid collisions.

Backing-Up Accidents

Parking lots are hotspots for pedestrian injuries. Drivers backing out of spaces without checking their rearview mirrors or blind spots often fail to notice someone walking behind their vehicle.

Driving Under the Influence

Alcohol or drug impairment slows reaction times and clouds judgment. Impaired drivers may fail to yield, swerve into crosswalks, or miss seeing pedestrians entirely.

Unmarked Crosswalks

When crosswalks aren’t clearly marked or don’t exist at all, pedestrians are left to cross streets unprotected. This increases the chances of being struck, especially in areas with heavy or fast-moving traffic.

Left-Hand Turns

Drivers making left-hand turns may focus on oncoming traffic and fail to notice pedestrians already crossing the street. These accidents often occur even at marked crosswalks.

Poor Visibility

Low lighting, nighttime conditions, or bad weather can make it difficult for drivers to see pedestrians, especially if the pedestrian is wearing dark clothing or crossing outside a designated area.

Do You Really Need a Lawyer for a Pedestrian Accident?

While you have the legal right to represent yourself in a pedestrian accident claim, going it alone can be overwhelming—and costly. Insurance companies have entire legal teams dedicated to minimizing payouts. Having an experienced pedestrian accident attorney on your side can make a significant difference in the outcome of your case.

In fact, research supports this:

• According to the American Bar Association, accident victims who hired a personal injury attorney recovered 3.5 times more compensation than those who handled claims on their own.
• A Martindale-Nolo study found that injured individuals who worked with an attorney received an average payout of $44,600, compared to just $13,900 for self-represented claimants.

These numbers speak for themselves: hiring legal representation isn’t just worth it—it can be the key to securing the full compensation you deserve.

What About Deadlines? Know the Statute of Limitations

Injured pedestrians typically have two years from the date of the accident to file a personal injury claim. However, this timeline can be significantly shorter under certain circumstances: 

Missing these deadlines can permanently bar you from recovering compensation, no matter how strong your case may be. That’s why working with an experienced attorney is so important—not just to maximize your compensation, but to ensure every legal requirement is met on time.

You Have No Armor on the Road. The Injuries Show It

Unlike drivers or passengers in vehicles, pedestrians have no physical protection in a collision. As a result, they are extremely vulnerable to serious, life-altering injuries. Even at low speeds, the impact of a vehicle can cause devastating physical and emotional harm.

• Broken bones – Fractures in the legs, arms, ribs, or pelvis are common due to the force of impact.
• Internal bleeding – Often hidden and life-threatening without immediate medical attention.
• Lacerations – Deep cuts and open wounds that may require stitches or surgery.
• Organ damage – Blunt force trauma can severely injure internal organs, requiring emergency care.
• Post-Traumatic Stress Disorder (PTSD) – Psychological trauma following an accident can affect sleep, concentration, and overall mental health.
• Road rash – Friction burns from being dragged across pavement, often painful and prone to infection.
• Soft tissue damage – Sprains, strains, and torn ligaments that can limit mobility and require rehabilitation.
• Spinal cord damage – Injuries that may result in temporary or permanent paralysis.
• Traumatic brain injury (TBI) – Head injuries can cause cognitive impairment, memory loss, or permanent disability.
• Wrongful death – In the most tragic cases, pedestrian accidents result in fatal injuries, leaving families to cope with an unimaginable loss.

Pedestrian injuries aren’t just physically devastating. They can also result in steep medical bills, long-term care needs, and emotional suffering. Our attorneys understand the full scope of these challenges and are committed to helping you get what you need to heal and rebuild.

Who’s at Fault? It’s Not Always Just the Driver

Liability in a pedestrian accident comes down to who acted negligently and how that negligence contributed to the crash. While it’s common to assume the driver is always at fault, that’s not always the case. In some situations, the pedestrian may share responsibility—for example, if they were jaywalking or crossing against a signal.

Understanding Comparative Negligence 

California follows a pure comparative negligence system. This means more than one party can be held liable, and your compensation will be reduced by your share of the fault.

Here’s how it works:

• If a pedestrian is found 10% at fault for jaywalking, but the driver was 90% at fault for speeding or driving under the influence, the pedestrian can still recover 90% of the total damages.
• Even if you were partially responsible, you are not automatically disqualified from recovering compensation.

This makes it crucial to work with an experienced pedestrian accident attorney who can present a strong case, protect your rights, and ensure that liability is fairly assessed.

Liable Parties May Include:

• Negligent drivers (speeding, distracted, impaired, or failing to yield)
• Government entities (poor road design, malfunctioning signals, lack of crosswalks)
• Commercial vehicle operators or companies (in delivery or rideshare accidents)
• Property owners (if unsafe conditions on private property contributed to the accident)

In cases involving shared fault, having legal representation is especially important. Without it, insurance companies may unfairly shift blame or undervalue your claim.

What a Pedestrian Injury Claim Actually Covers

If you’ve been injured in a pedestrian accident, you may be entitled to financial compensation for the physical, emotional, and financial hardships you’ve endured. 

A personal injury claim allows you to seek recovery for both economic and non-economic damages, which together reflect the full scope of your losses. 

Economic Damages

These are measurable financial losses—both current and future—that result from your injury. Examples include:

• Medical expenses (emergency care, hospitalization, rehab, medications)
• Future medical treatment (ongoing therapy, surgeries, assistive devices)
• Lost wages (missed work during recovery)
• Reduced earning capacity (if you’re unable to return to your previous job)
• Funeral and burial costs (in the case of a fatal accident)

Non-Economic Damages

These damages reflect intangible losses that impact your quality of life. While they don’t come with receipts, they are still legally compensable. Examples include:

• Pain and suffering
• Emotional distress or trauma
• Loss of enjoyment of life
• Loss of companionship or consortium
• Permanent disability or disfigurement
  

Wrongful Death Claims

If a pedestrian accident results in a fatality, surviving family members may file a wrongful death claim. This type of claim can cover:

• Medical expenses incurred before the victim’s passing
• Funeral and burial costs
• Loss of the deceased’s financial support
• Loss of companionship and guidance

At DK Law, we carefully evaluate every aspect of your case to ensure no damage—tangible or intangible—is overlooked. Our goal is to pursue the maximum compensation you deserve so you can focus on healing and rebuilding your life.