Orange County Personal Injury Attorneys
Your Pedestrian
Accident Law
Firm
Pedestrians are completely vulnerable on the road. They’re more likely to suffer severe injuries or death in an accident involving a motor vehicle, so the onus is on OC drivers to keep them safe – or pay the price.
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What If the Insurance Company Says I Was Partly at Fault?
Being partly responsible for an accident does not necessarily prevent you from recovering compensation in California. In Li v. Yellow Cab Co., the California Supreme Court adopted a pure comparative negligence approach. Under this system, damages are generally reduced according to the injured person’s percentage of fault rather than being eliminated simply because that person was also negligent.
Take, for example, someone who suffers $100,000 in damages but is found 20% responsible for the accident. Under a pure comparative negligence system, the person’s recovery would generally be reduced by 20%, leaving $80,000.
Pure Comparative Negligence
What being “partly at fault” actually costs a pedestrian in California
Under Li v. Yellow Cab Co., California reduces damages by the injured person’s share of fault rather than eliminating recovery. Here is how that works on a $100,000 claim.
Total damages
$100,000
Medical care, lost income, and other losses
Pedestrian’s share of fault
20%
$20,000 reduction
Amount still recoverable
$80,000
Recovery is reduced, not barred
Still recoverable Reduced for comparative fault
Jaywalking is not an automatic bar to recovery. California law gives pedestrians certain rights while also requiring them to use reasonable care. A pedestrian’s failure to use reasonable care does not remove the driver’s duty to use reasonable care.
From our case results: Leslie Law Firm’s published case results include a $750,000 pedestrian accident result for a client who was jaywalking. Past results do not guarantee a particular outcome; every claim depends on its own facts, injuries, evidence, and insurance coverage.
The same principle can apply when a pedestrian crosses outside a marked crosswalk. California law gives pedestrians certain rights but also requires them to use reasonable care for their own safety. Importantly, a pedestrian’s failure to exercise reasonable care does not automatically remove the driver’s duty to exercise reasonable care.
Leslie Law Firm’s published case results include a $750,000 pedestrian accident result involving a client who was jaywalking, demonstrating why the specific facts of an accident matter rather than simply relying on the label “jaywalking.”
If an insurer has told you that you were responsible for your injuries, getting another opinion can help you understand whether that conclusion is supported by the evidence.
Who Can Be Held Liable in a Pedestrian Accident
The driver is often the first person considered when determining liability, but other parties may also be involved depending on how the accident happened. For example, a property owner or another responsible party may potentially be liable when dangerous property conditions contributed to an injury. Poor lighting, defective walkways, or other hazardous conditions can raise separate premises-liability questions.
In some situations, an employer may also be responsible if the driver was acting within the scope of employment. Because every accident is different, identifying all potentially responsible parties requires looking closely at the location, vehicles involved, driver’s actions, roadway conditions, and available evidence.
Deadlines to File a Pedestrian Accident Claim in California
Time limits also play a role in a pedestrian accident claim. For a standard personal injury action, California Code of Civil Procedure §335.1 generally provides two years for an action based on injury caused by another person’s wrongful act or neglect.
Claims involving a government entity can have different and much shorter requirements. Under Government Code §911.2, a claim for personal injury generally must be presented within six months after the cause of action accrues.
Filing Deadlines
Two very different clocks can apply to a pedestrian accident claim
Which deadline governs your claim depends on who may be responsible. When a government-controlled road, intersection, signal, or crosswalk may have contributed, the window is dramatically shorter.
2 years
From the date of injury
Applies to a typical claim against a private driver, employer, or property owner.
California Code of Civil Procedure §335.1
6 months
To present the claim
May apply when a city, county, or state road, signal, or crosswalk condition contributed to the crash.
California Government Code §911.2
Exceptions can change both deadlines. The six-month government claim requirement can apply before you know a public entity is involved, so it is safer not to wait until a deadline is close before getting advice.
Not sure which deadline applies to your accident?
Free Case ReviewThis shorter deadline can apply when a government-controlled road, intersection, signal, or other condition may have contributed to the accident. Because exceptions can affect these deadlines, it is safer not to wait until the deadline is approaching before seeking advice from a reputable lawyer.
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Our firm takes cases on a contingency fee and that means we only get paid at the end of your case when it is settled. We also advance all costs necessary to prepare your case. If we don’t recover for you, you pay no fees.
Injuries Common in Pedestrian Accidents and What to Do Immediately After
Pedestrians can suffer serious injuries because their bodies are exposed to the impact of a vehicle. Common injuries include traumatic brain injuries, fractures, spinal injuries, internal injuries, and other conditions that may require significant medical treatment.
After an accident, your immediate priority should be getting appropriate medical care. Some injuries may not be obvious immediately, so following medical advice and keeping records of treatment can help document any injuries and support your claim.
If you are able to do so safely, try to preserve information about what happened. This can include:
- Getting the driver’s name, contact information, vehicle details, and insurance information.
- Collecting contact information from people who witnessed the accident.
- Taking photographs of the scene, roadway, crosswalk, traffic signs, lighting, and visible injuries.
This will ensure that your pedestrian accident claim is supported by strong evidence about the accident and your injuries. It’s also wise to be careful and mindful when communicating with an insurance company. You do not have to assume that the insurer’s version of events is correct simply because the adjuster asks questions about fault.
Related Accident Types We Handle
Not every traffic injury fits neatly into one category. A person may be injured in a collision involving a car, motorcycle, truck, or another vehicle. Leslie Law Firm attorneys handle car accident and motorcycle accident claims for people whose circumstances involve those types of crashes.
When the accident also involves dangerous property conditions, a premises liability claim may also need to be considered.
Our Pedestrian Accident Case Results
Leslie Law Firm’s published case results include several pedestrian accident matters. We have secured a $3.25 million settlement for a pedestrian who was run over by a truck while in a crosswalk. Our lawyers also reported a $2.7 million pedestrian accident settlement involving a client who suffered severe pelvic and internal injuries after being struck by a trash truck. Another published pedestrian result involved a $1 million settlement after a client was struck in a crosswalk.
Past results do not guarantee a particular outcome in another case. The value and outcome of a claim depend on its individual facts, injuries, evidence, insurance coverage, and other circumstances.
Have Questions? We Have Answers.
Frequently Asked Questions
After being hit by a car in Orange County, you deserve clear answers — not legal jargon. Below are the questions our Newport Beach pedestrian accident attorneys hear most. If you don’t see yours, contact us for a free consultation.
Can I Still Recover Damages If I Was Jaywalking?
Often, yes. California’s pure comparative negligence system allows an injured person to recover even when they share some responsibility, although their damages may be reduced according to their percentage of fault. Drivers should still exercise reasonable care around pedestrians.
How Long Do I Have to File a Pedestrian Accident Claim in California?
A standard personal injury action generally has a two-year deadline under California Code of Civil Procedure §335.1. Claims involving a government entity can have a six-month claim-presentation deadline under Government Code §911.2. Different exceptions and rules may apply, so prompt legal advice is important.
What Is My Pedestrian Accident Claim Worth?
There is no standard amount that applies to every pedestrian accident. Potential compensation can depend on the severity of the injuries, future care, lost income, insurance coverage, and other losses. A case should be evaluated based on its specific facts rather than an average settlement figure.
Who Pays My Medical Bills After Being Hit by a Car?
Medical bills may initially be paid through available health insurance or other applicable coverage, depending on the circumstances. A claim against the responsible party may later address eligible medical expenses and other damages. The available options depend on the insurance policies and facts involved.
Do I Need a Police Report to File a Claim?
A police report can provide useful information about the incident, but the absence of a report does not necessarily prevent someone from pursuing a claim. Other evidence, including photographs, witness statements, medical records, and available video footage, may also help establish what happened.
What If the Driver Who Hit Me Doesn’t Have Insurance?
Depending on the circumstances, uninsured motorist coverage under an applicable auto insurance policy may provide another potential source of compensation, even if you were a pedestrian. The specific policy language and coverage available should be reviewed before assuming that no insurance applies.
Still have questions? Your initial consultation is always free.
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