Pedestrian accidents cause thousands of injuries every year in California, often resulting in complex legal battles. In 2023, California recorded 1,106 pedestrian fatalities — the highest number in the United States.
Fault can be complex, involving drivers, pedestrians, roadway conditions, or even third parties. Understanding how traffic laws, pedestrian negligence, and reckless driving impact liability can make a significant difference in the outcome of your case. Our experienced pedestrian accident lawyers can provide the guidance and support you need to advance your case.
California Pedestrian Accident Statistics: Understanding the Scope of the Crisis
Pedestrian safety remains a critical concern across California. In 2023, the state recorded 1,106 pedestrian fatalities, the highest number in the United States according to NHTSA data. Preliminary 2024 data offer a glimmer of hope, showing an estimated 928 pedestrian fatalities, representing a 15.6% decrease from the previous year.
The 2024 SafeTREC report highlights the scale and patterns of pedestrian fatalities across the state. Here are some key statistics that illustrate the scope of the crisis:
- Pedestrians accounted for 26% of all motor vehicle deaths in California in 2022 — significantly higher than the 18% national average.
- 309 pedestrian deaths in 2022 occurred at intersections or unknown locations, representing 27% of all pedestrian fatalities statewide.
- 92% of fatal pedestrian crashes in 2022 occurred in urban areas, with the highest numbers happening on principal arterials (36%).
Understanding California's Pedestrian Accident Laws
California's pedestrian laws can be confusing. While the law aims to protect those who go about on foot, it also places certain responsibilities on them. Understanding these responsibilities is crucial for both pedestrians and drivers to ensure safety and determine liability when accidents occur.
Right-of-Way Rules for Pedestrians
Pedestrians generally have the right-of-way in marked crosswalks and at intersections when crossing with a walk signal. However, this doesn't confer absolute freedom — even if a pedestrian technically has the right-of-way, they still have a legal duty to exercise reasonable care.
In other words, pedestrians must act as any reasonably prudent person would under the circumstances to avoid an accident. Stepping into a crosswalk or directly into the path of an oncoming vehicle without looking can still be considered negligent, even with a walk signal.
Key right-of-way laws include:
- Marked and unmarked crosswalks (CVC §21950): Drivers must yield to pedestrians in marked and unmarked crosswalks and exercise “all due care”. However, pedestrians cannot step into the path of an oncoming vehicle so suddenly that the driver has no time to yield.
- Crossing outside of crosswalks (CVC §21954): Pedestrians must yield to vehicles when crossing outside of a crosswalk, but drivers still have a duty to use reasonable care to avoid hitting anyone on the road.
- Hit-and-run laws (CVC §20001): Drivers are legally required to stop after striking a pedestrian, provide aid, and exchange information. Fleeing the scene can result in felony charges. Notably, 24% of pedestrian deaths in California involve hit-and-run drivers.
- Safe driving speed (CVC §22350): Drivers must operate at a speed that is safe for current conditions. This law is especially important in pedestrian-heavy zones or at night, when 77% of pedestrian fatalities occur.
Pedestrian Responsibilities
Pedestrians have several notable responsibilities under California law, including:
- Obeying traffic signals: Crossing when a "don't walk" signal is displayed can be a significant factor in determining fault if an accident occurs.
- Using crosswalks when available: When a crosswalk is available, pedestrians are generally required to use it. Crossing mid-block or outside of a designated crosswalk is considered jaywalking.
- Avoiding sudden movements into traffic: Pedestrians should never dart out into traffic from between parked cars or other obstructions. They should always make their intentions clear and give drivers ample time to react.
- Exercising due care: Using a smartphone, wearing headphones, or being under the influence of alcohol are all common examples of failing to exercise due care. Even if a pedestrian has the right-of-way, these actions can make them liable for any accidents that occur.
Is Jaywalking Legal in California?
California law prohibits jaywalking, which is defined as crossing a roadway outside of a marked crosswalk or against a traffic signal. However, a significant change to the law took effect in 2023. Assembly Bill 2147 (AB 2147), also known as the "Freedom to Walk Act", decriminalized jaywalking in most situations.
While this law reduces the number of jaywalking citations, it doesn’t remove legal accountability. If a pedestrian is jaywalking and is hit by a car, courts still consider this in determining fault under California’s comparative negligence rules. That means a pedestrian may share liability, even without a citation being issued.
Top 5 Pedestrian Accident Scenarios: Is a Driver Always at Fault When Hitting a Pedestrian?
Determining who is at fault in a car-pedestrian crash requires examining common car accident scenarios. California data shows vehicle/pedestrian crashes account for 87% of all pedestrian FSI crashes, with specific factors playing key roles:
Potential Damages You Can Recover After a Pedestrian Accident
If you've been hurt in a pedestrian accident caused by someone else's carelessness, you may be entitled to recover various damages, including:
- Medical expenses for suffered injuries: Past and future medical bills, including hospitalization, surgery, physical therapy, and necessary medications.
- Property damage: Repair or replacement of any damaged personal property, such as clothing or electronic devices.
- Lost wages: Income lost due to time off work for medical treatment and recovery.
- Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish.
In hit-and-run cases, California law allows punitive damages to punish egregious conduct. Under California Vehicle Code Section 20001, fleeing the accident scene is a serious criminal offense. This reckless behavior demonstrates disregard for others' safety, making punitive damages available in addition to economic and non-economic damages.
No-Fault Insurance Considerations
California isn't a no-fault state. However, it's crucial to understand how your insurance coverage may apply in a pedestrian accident, especially with respect to uninsured or underinsured motorist coverage.
As of January 1, 2025, California increased minimum auto liability insurance requirements for bodily injury. Drivers must now carry at least:
- $30,000 in coverage per person injured
- $60,000 in total coverage per accident for bodily injury
- $15,000 for property damage
This increase from the previous minimum of $15,000/$30,000 provides greater financial protection for injured pedestrians. A pedestrian accident attorney can help you understand insurance coverage complexities in your pedestrian accident case.
The Role of Comparative Negligence in California
California follows a pure comparative negligence rule. If both the driver and the pedestrian acted carelessly, liability will be shared. Whether the pedestrian was distracted or the driver was speeding, each party’s contribution to the accident is weighed.
Unlike modified comparative negligence states that bar recovery if a plaintiff is more than 50% at fault, California's pure comparative negligence allows recovery even if the injured party is mostly at fault — compensation is simply reduced to reflect their degree of fault.
If a pedestrian is deemed 70% at fault and their damages total $100,000, they can still recover $30,000 (the remaining 30%).
Here are a few pedestrian accident case examples illustrating how comparative negligence might apply in pedestrian accident cases:
- Jaywalking pedestrian struck by speeding driver: If a pedestrian is hit by a speeding driver while crossing the street without a signal, the court might find the pedestrian to be 60% at fault and the driver 40% at fault.
- Distracted pedestrian hit in a crosswalk: A pedestrian who is looking at their phone and walks into a crosswalk without checking for traffic might be found 30% responsible if they're struck by a vehicle, even if the driver was also distracted.
- Pedestrian wearing dark clothing at night: A pedestrian wearing dark clothing at night who is struck by a speeding car might be found 15% at fault for not making themselves more visible despite the fact that the driver was going too fast.
Deadlines for Filing Legal Claims
Time is critical when pursuing a personal injury claim. Understanding California's statute of limitations is necessary to make sure you don’t miss the deadline.
Two-Year Standard Deadline
Under California Code of Civil Procedure Section 335.1, you have two years from the accident date to file a personal injury lawsuit. This applies to most pedestrian accident cases involving private parties. Missing this window typically bars you from seeking compensation.
Six-Month Deadline for Government Claims
Claims against government entities have a dramatically shorter six-month deadline. If your accident involved poor road design, malfunctioning traffic signals, inadequate lighting, or other infrastructure failures maintained by a city, county, or state agency, you must file within six months.
Given that 65% of pedestrian deaths occur where sidewalks are absent — often a government infrastructure failure — this deadline is crucial. Missing it typically bars recovery from the government agency. An experienced personal injury lawyer ensures you meet all applicable deadlines.
Steps to Take When a Pedestrian Is Hit by a Car in California
Being involved in a pedestrian accident can be devastating. Knowing the right steps to take afterward is crucial for protecting your health and your legal rights. Here's what to do:
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