Overview
Pedestrian accidents carry the highest human stakes of any personal injury case. When a human body meets a vehicle traveling at even moderate speed, the injuries are almost always severe — and fatalities are disproportionately common. In Los Angeles County alone, hundreds of pedestrians are killed every year.
California law provides significant protections for pedestrians, but the system is more complex than most people realize. Your rights depend on where you were crossing, whether you had a signal, and whether the road itself was designed safely. This page covers everything you need to know.
Crosswalk Rights
CVC 21950 is the cornerstone: drivers must yield to pedestrians crossing within any marked or unmarked crosswalk at an intersection. Under CVC 275, an unmarked crosswalk exists at every intersection — it is the natural extension of the sidewalk across the street. You do not need painted lines to have the right of way.
Many insurance adjusters and even some attorneys do not understand this. If you were struck at an intersection, you almost certainly had the right of way — even if there were no painted crosswalk lines.
The Jaywalking Myth
Even if you were crossing outside a crosswalk, the driver is not off the hook. CVC 21954(b) requires drivers to exercise "due care" for any pedestrian on the roadway — crosswalk or not. Jaywalking may reduce your recovery through comparative fault, but it almost never eliminates the driver's liability entirely.
A driver who was speeding, texting, or simply not paying attention bears significant fault regardless of where you were crossing. Under California's pure comparative fault system, even a pedestrian found 50% at fault still recovers 50% of their damages.
AB 2147, the "Freedom to Walk" Act (effective 2023), further changed the landscape by prohibiting police from stopping pedestrians for jaywalking unless there is an immediate danger of collision. This does not change the civil liability analysis, but it reflects the Legislature's view that pedestrian safety is paramount.
Common Accident Scenarios
Intersection Accidents
The most common location for pedestrian accidents. Drivers turning right on red, turning left across crosswalks, or running signals strike pedestrians who have the right of way. Request the traffic signal timing charts from the city — they can prove you entered the crosswalk during the walk phase.
Parking Lot Accidents
Drivers backing out with limited visibility, low speeds but close proximity, and especially vulnerable children. The Vehicle Code generally does not apply on private property, but common-law negligence does.
Non-Crosswalk Strikes
Even outside a crosswalk, the driver has a continuing duty of care. Comparative fault analysis is critical, but the driver is not excused simply because you were mid-block.
Pedestrians have the right of way. We make drivers answer for it.
Whether you were in a crosswalk, at an intersection, or mid-block — the driver had a legal duty to see you and stop. One free call tells you exactly where you stand.
Hit-and-Run Cases
Hit-and-run is tragically common in pedestrian accidents. If the driver fled, your attorney should immediately canvass for surveillance cameras, check for vehicle debris at the scene (paint transfer, headlight fragments), and have police issue a BOLO. Local body shops should be checked for vehicles matching the damage profile.
If the driver is never identified, you can still recover. Under Insurance Code 11580.2, your own auto UM coverage applies to you as a pedestrian struck by an uninsured vehicle — even though you were not in a car. Check household members' policies for additional UM coverage.
Children, Elderly, and Disabled Pedestrians
Children
Children are held to the standard of a reasonable child of the same age, intelligence, and experience. Children under about age 7 are generally considered incapable of comparative negligence. In school zones, drivers face enhanced 25-mph speed limits. The most common defense — that the child "darted out" — is countered by the fact that drivers should anticipate children in residential areas and school zones.
Elderly Pedestrians
Elderly pedestrians face disproportionate risks: slower walking speeds that may not match signal timing, reduced vision and hearing, and fragile bones that make even minor contact dangerous. If signal timing is inadequate for elderly crossing speeds, governmental liability may exist.
Disabled Pedestrians
Lack of ADA-compliant curb ramps, inadequate signal timing for slower crossing, and missing accessible pedestrian signals create additional hazards and potential ADA claims against the government entity.
Government Road Design Liability
In every pedestrian case, ask: could better road design have prevented this? If the answer is yes, the government entity is a potential defendant under Government Code 835.
- Missing or faded crosswalk markings
- Inadequate pedestrian signal timing
- Obstructed sight lines (vegetation, utility boxes, parked vehicles)
- Missing or inadequate street lighting
- Road design channeling high-speed traffic through pedestrian areas
- Missing median refuges on wide, high-speed roads
- Failure to install traffic calming despite a history of pedestrian collisions
Common Injuries
Pedestrian injuries follow a predictable biomechanical pattern. The vehicle bumper strikes the legs (primary impact), the torso and head strike the hood or windshield (secondary impact), and the pedestrian is thrown to the pavement (tertiary impact). Each point produces distinct injuries.
| Injury | Mechanism |
|---|---|
| Traumatic brain injury | Head striking hood, windshield, or pavement — frequently fatal or life-altering |
| Lower-extremity fractures | "Bumper height" impact — tibia/fibula, femur, knee ligament tears |
| Pelvic fractures | Vehicle front-end impact — life-threatening bleeding, long-term disability |
| Internal organ injuries | Blunt force — spleen, liver, kidney lacerations |
| Spinal cord injuries | Impact and/or thrown to pavement — paralysis |
| Degloving / road rash | Dragged along pavement — severe soft tissue damage |
You may still have coverage. Let's find it.
Your own auto insurance UM coverage can pay even when you were walking — not driving. We trace every available policy so no dollar is left on the table. Free case review.
Statutes of Limitation
Two years for personal injury under CCP § 335.1. Two years from the date of death for wrongful death. Six months to file a government tort claim under Government Code 911.2. Six months from a claim rejection to file suit. A minor's statute is tolled until age 18 under CCP § 352. See Statute of Limitations.
Cross-References
- Motor Vehicle Accidents — general collision framework
- Bicycle Accidents — related vulnerable road user cases
- DUI-Related Civil Cases — DUI driver striking pedestrian
- Wrongful Death — fatal pedestrian cases
- Government Claims — tort claims procedure
- Comparative Fault — California's pure system
Common Questions
Do I have to be in a marked crosswalk to have the right of way?
No. Under CVC 275, an unmarked crosswalk exists at every intersection — it is the natural extension of the sidewalk across the intersection. Drivers must yield to pedestrians in both marked and unmarked crosswalks under CVC 21950. You do not need painted lines to have the right of way at an intersection.
Can I still recover damages if I was jaywalking?
In most cases, yes. Even outside a crosswalk, drivers must exercise due care for any pedestrian on the roadway under CVC 21954(b). Jaywalking may reduce your recovery through California's comparative fault system, but it almost never eliminates the driver's liability. A driver who was speeding, distracted, or failed to keep a lookout still bears significant responsibility.
I was hit by a car that drove away. Can I still get compensation?
Yes. If you have auto insurance with uninsured motorist (UM) coverage, you can make a UM claim under your own policy — even though you were a pedestrian at the time. Under Insurance Code 11580.2, UM coverage extends to the named insured and family members struck by an uninsured vehicle, regardless of whether they were in a car. Also check household members' policies for additional UM coverage.
My child was hit by a car near their school. What extra protections exist?
Children are held to a lower standard of care — the standard of a reasonable child of the same age, intelligence, and experience. Children under about age 7 are generally considered incapable of comparative negligence. School zones have enhanced 25-mph speed limits and heightened driver duties. The driver should have anticipated children in a school zone and adjusted speed and attention accordingly.
Our offices
Local Resources
- Cedars-Sinai Emergency & TraumaLevel I trauma center for severe pedestrian impact injuries.
- UCLA Medical CenterLevel I trauma center for TBI, pelvic fractures, and multi-system injuries.
- LA Superior Court · Stanley MoskCivil filings for LA County pedestrian accident cases.
- LADOT Vision ZeroLos Angeles pedestrian safety initiative — collision data and improvement plans.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Vehicle Code § 21950. Drivers must yield to pedestrians in marked and unmarked crosswalks.
- California Vehicle Code § 21954. Pedestrian duties outside crosswalks and driver's continuing duty of care.
- California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury actions.
- Government Code § 835. Dangerous condition of public property — basis for road-design liability.
- Insurance Code § 11580.2. UM coverage extends to pedestrians struck by uninsured or hit-and-run vehicles.
- AB 2147 — Freedom to Walk Act (2023). Limits jaywalking enforcement but does not change civil liability analysis.