Pedestrian Accident Law Los Angeles

Drivers are required to be extra cautious when a pedestrian is present or is likely to be present. But pedestrians are not faultless in all situations. In fact, a pedestrian might even be liable for a driver’s damages after a car-pedestrian accident, depending on the circumstances. This article discusses the law regarding liability when it comes to auto versus pedestrian accidents.

What is the Legal Standard in a California Car Accident Lawsuit?

Fault under California law can be complicated. In general, drivers have a duty to use reasonable care to prevent harm to others. If a driver breach’s this duty of care, and it causes someone’s injury or death, the victims have a right to pursue a cause of action for “Negligence”. Negligence is usually some form of careless or reckless behavior. To receive compensation for negligence under California law, the following must be shown: 

  1. The defendant owed the plaintiff a duty of care;
  2. The defendant breached that duty of care through negligence;
  3. The defendant’s negligence was a substantial factor in causing the plaintiff’s injuries; and
  4. The plaintiff suffered damages.

Negligence Per Se

Negligence per se is the legal doctrine that uses laws or regulations to establish someone’s negligence. Because negligence can make someone liable for an accident, showing that a rule or regulation was broken can be strong evidence of liability. It is a shortcut in finding fault for an accident. Using negligence per se means you do not have to look for signs of negligence in the specific details of the accident.

In the context of pedestrian accidents, violations of California’s pedestrian or crosswalk laws can be used to establish negligence per se. If someone violated a traffic law, they are often held liable for the crash caused by the violation.

When Can the Driver be Responsible for the Accident?

  • Distracted driving
  • Speeding
  • Failing to yield the right of way to pedestrians at crosswalks
  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Disregarding traffic or weather conditions
  • Driving under the influence of drugs or alcohol

When Can the Pedestrian be Responsible for the Accident?

  • Ignoring the “walk” signal at an intersection
  • Entering or disrupting the flow of traffic
  • Failing to use marked crosswalks
  • Darting in front of a vehicle

Other Laws Affecting Pedestrians And Drivers

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

  • California Vehicle Code (VC) 467, which defines what it means to be a pedestrian,
  • VC 21966, which tells pedestrians where they can walk,
  • VC 21950, which covers pedestrians crossing the road at a crosswalk,
  • VC 21955, which requires pedestrians to use crosswalks at intersections,
  • VC 21954, which tells pedestrians who want to cross the street outside of a crosswalk to yield the right-of-way to vehicles,
  • VC 21970, which forbids drivers from stopping in a crosswalk and blocking it,
  • VC 21456, which tells when pedestrians can cross the street using a crossing light,
  • VC 21952, which covers situations where a driver is pulling into a driveway and would have to cross a sidewalk to get there, and
  • VC 21963 through §21965, which focus on special circumstances to take when there is a blind pedestrian.

There are also several state laws in California that allow cities and municipalities to create their own rules.

What if Both Parties are Partially at Fault for the Car Accident?

Not all accidents have one completely guilty party and one completely innocent party, and that includes auto-pedestrian accidents. If both parties are attributed fault, comparative negligence laws apply under California law. This means that if you contributed to the accident, the amount of damages you can recover will be reduced by the percentage you were at fault.

Example: A jury may say that a plaintiff pedestrian who was jaywalking was 60% responsible, and the speeding driver that hit the pedestrian was 40% liable. Under these circumstances, the defendant driver would be required to pay the plaintiff pedestrian for 40% of the pedestrian’s losses associated with the accident.

What Challenges Will I Face in Bringing a Pedestrian Accident Claim?

Attorneys at Fair Cases will work with you to reconstruct the accident scene to show that the defendant both caused the accident and was at fault in doing so. Insurance companies and defendants will try to shift blame onto an injured pedestrian in the hopes of discouraging the victim from bringing the case or to get them to accept a small settlement. Oftentimes, these parties will argue that the plaintiff was at fault in causing the accident for any number of reasons: jaywalking, failing to notice oncoming traffic, alcohol intoxication, and so on. Such considerations may play a part in determining the plaintiff’s recovery, but, in many cases, the injured victim is nonetheless entitled to recovery for his or her injuries, and an experienced personal injury attorney will work to put your best case forward and make sure insurance companies and defendants do not intimidate you into accepting less than you deserve.

Fair Cases Expertise

Our legal team has successfully helped victims and their families recover from Rear-End Collisions, Head-on Collisions, T-Bone Collisions, Motorcycle Accidents, Semi-Truck and 18-Wheeler Accidents, Uber/Lyft Accidents, Public Transportation Accidents, and Pedestrian Accidents. We know that being injured in an auto accident is an overwhelming experience, so we offer you compassion, knowledge and help to get you get back on your feet. Our dedicated attorneys will make sure you get the medical care you need and fight to obtain just compensation for lost wages, past and future medical expenses, property damage, pain and suffering and other expenses and losses.

Fair Cases is Key to Your Car Accident Claim

At Fair Cases, our car accident lawyers are here to help victims and their families recover fair compensation after a car accident. Because these injuries are often catastrophic and life changing, victims and their families need to be represented by a skilled car accident lawyer who will fight to get them the full compensation they deserve. If we do not win, Fair Cases Guarantees that you owe us nothing. Contact Fair Cases today for a free consultation.

Did You Know?

Time is Critical: Personal injury laws in California give Pedestrian Accident victims just a Limited Amount of Time to negotiate a fair insurance settlement!

Bus Accident Lawyer Los Angeles
Bus crash attorney Los Angeles

Free Pedestrian Accident Guides

Los Angeles, California

Fair Cases Law Group
5411 S. Broadway Suite 200,
Los Angeles, CA 90037

Ventura, California

Fair Cases Law Group
950 County Square Dr. Suite 105,
Ventura, CA 93003

Oxnard, California

Fair Cases Law Group
405 E. Esplanade Dr. Suite 300,
Oxnard, CA 93036

Camarillo, California

Fair Cases Law Group
770 Paseo Camarillo Suite 325,
Camarillo, CA 93010

Thousand Oaks, California

Fair Cases Law Group
951 S. Westlake Blvd,
Westlake Village, CA 91361

Simi Valley, California

Fair Cases Law Group
1445 E. Los Angeles Ave Suite 207,
Simi Valley, CA 93065

Woodland Hills, California

Fair Cases Law Group
6200 Canoga Ave Ste 208,
Woodland Hills, CA 91367

Santa Clarita, California

Fair Cases Law Group
23929 Valencia Blvd, Suite 408,
Valencia, CA, 91355

Palmdale, California

Fair Cases Law Group
1037 E. Palmdale Blvd, Suite 204,
Palmdale, CA 93550

Beverly Hills, California

Fair Cases Law Group
9440 S. Santa Monica Blvd, Suite 301,
Beverly Hills, CA 90210

El Segundo, California

Fair Cases Law Group
222 N. Pacific Coast Highway, Suite 2000, El Segundo CA 90245

Torrance, California

Fair Cases Law Group
3655 Torrance Blvd. Suite 300,
Torrance, CA 90503

Long Beach, California

Fair Cases Law Group
320 Pine Ave Suite 1010,
Long Beach, CA 90802

Pasadena, California

Fair Cases Law Group
525 E. Colorado Blvd. 2nd Floor,
Pasadena, CA 91101

Orange County, California

Fair Cases Law Group
14241 E. Firestone, Suite 400,
La Mirada, CA 90638

Irvine, California

Fair Cases Law Group
26632 Towne Centre Drive, Suite 300,
Foothill Ranch, CA 92610

Riverside, California

Fair Cases Law Group
2900 Adams Street, Suite C-130,
Riverside, CA 92504

Bakersfield, California

Fair Cases Law Group
1415 18th Street Suite 605,
Bakersfield, CA 93301


Agoura Hills
Baldwin Park
Bell Gardens
Beverly Hills
Chula Vista

Culver City
Diamond Bar
El Monte
El Segundo
Hermosa Beach
Huntington Park

La Mirada
La Verne
Long Beach
Los Angeles
Manhattan Beach
Monterey Park
Moreno Valley
Orange County

Palos Verdes Estates
Pico Rivera
Rancho Palos Verdes
Redondo Beach
San Bernardino
San Diego
San Dimas
San Fernando
San Francisco
San Gabriel
San Jose

San Luis Obispo
San Marino
Santa Ana
Santa Barbara
Santa Clara
Santa Clarita
Santa Cruz
Santa Fe Springs
Santa Monica
South El Monte
South Gate
South Pasadena
Temple City
West Covina
West Hollywood

At Fair Cases Law Group Personal Injury Lawyers, we’re committed to providing you with the best personalized legal representation for your claim. Our dedicated team is fully committed to exceeding each client’s expectations.


Free Case Evaluation

Speak to an attorney today


Phone: (833) 324-7111

Email: [email protected]

Free case evaluation

Thank You!

You are very important to us, all information received will always remain confidential. A member of our team will contact you shortly.