It happens in a flash.
One moment you’re crossing the street, and the next, you’re on the ground, hurt, shocked, and unsure of what just happened. Pedestrian accidents are traumatic, and the physical pain is often only the beginning. What follows can be just as overwhelming: medical bills, missed work, emotional distress, and a tough question with no easy answer—who’s truly at fault?
Many people assume the driver is always at fault. But under California road laws, that’s not always the case. Liability can depend on where the accident occurred, who had the right of way, and whether either party was distracted or violating traffic laws.
In this guide, we’ll break down exactly what you need to know:
- Your rights as a pedestrian under California law
- When a driver is considered legally liable in a pedestrian car accident
- How shared fault (comparative negligence) impacts your case
- What to expect when filing an injury lawsuit
- The California road laws that shape these cases
Whether you’re a pedestrian looking for justice or a driver navigating next steps, this article will help you understand how liability works and what to do next.
Understanding Pedestrian Rights in California
Pedestrian safety is a serious issue in California. In fact, California consistently ranks as one of the most dangerous states for pedestrians, with over 1,100 pedestrian deaths reported in 2022 alone.
What Are Pedestrian Rights?
Pedestrians typically have the right of way at crosswalks, both marked and unmarked. California Vehicle Code Section 21950 requires drivers to yield to pedestrians in these areas. This law applies whether the intersection has traffic lights or not.
However, pedestrian rights do not mean pedestrians are free to act recklessly.
Responsibilities Matter Too
Pedestrians are also expected to follow road rules. That includes:
- Not rushing suddenly into traffic
- Obeying pedestrian signals
- Avoiding distractions like phones while crossing
Under California’s comparative negligence rules, both parties can share blame in an accident.
For example, if a pedestrian was texting while crossing and a speeding driver hit them, both could be found partially liable.
Need help understanding your liability? Book a free consultation with our car accident attorneys.
When Is the Driver Liable in a Pedestrian Car Accident?
In many pedestrian car accidents, the driver carries the majority of the liability, especially if they were breaking traffic laws or driving recklessly at the time.
Failure to Yield
If the pedestrian was legally crossing at a crosswalk, and the driver didn’t stop in time, the driver is almost always liable. Even if the driver claims they “didn’t see” the pedestrian, that’s usually not a valid legal defense.
Distracted or Reckless Driving
Drivers who are texting, speeding, running red lights, or otherwise acting negligently are far more likely to be found at fault. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving caused 3,308 deaths in 2022, many involving pedestrians.
Disobeying Traffic Signals
Drivers must also obey pedestrian signals and approach intersections with caution—even when they have a green light. If a driver hits someone while turning right on green, for instance, they can still be found liable if they failed to check for crossing pedestrians.
When Might a Pedestrian Share Liability?
California is not a “no-fault” state for pedestrians. While drivers often bear the brunt of legal responsibility, pedestrians aren’t automatically off the hook. Under California’s comparative negligence law, a pedestrian can be held partially or even fully liable if their own actions contributed to the accident.
Jaywalking
Crossing outside of a crosswalk (jaywalking) is one of the most common causes of pedestrian accidents. If you’re hit while jaywalking, the court may find you partially at fault, reducing the amount of compensation you receive.
For example, if damages total $100,000 and the pedestrian is found 30% at fault, they’d receive only $70,000.
Crossing Against Signals
If a pedestrian ignores a “Don’t Walk” signal and is struck by a vehicle, this can heavily impact their claim. Courts look at traffic camera footage, witness testimony, and even driver dash cams when evaluating these cases.
Impairment or Distraction
Pedestrians under the influence of alcohol or drugs or those distracted by their phones may also share liability. A distracted pedestrian may not hear or see an oncoming vehicle, contributing to the accident.
Pro Tip: Always gather evidence if you’re involved in a pedestrian accident. It can drastically affect the outcome of an injury lawsuit.
How Injury Lawsuits Work in Pedestrian Accidents
Filing an injury lawsuit after a pedestrian car accident involves proving negligence on the part of the driver, the pedestrian, or both.
Proving Negligence
To win a pedestrian injury case in California, you must show:
- The other party owed a duty of care
- That duty was breached
- The breach directly caused the injury
- You suffered measurable damages (e.g., medical bills, lost wages)
This typically requires: Police reports, eyewitness statements, medical records, and surveillance or dashcam footage.
How Comparative Fault Affects Compensation
Under California’s pure comparative fault law, you can still recover damages even if you were partly responsible. Your compensation is simply reduced by your percentage of fault.
Example: A pedestrian is found 20% at fault. If their damages total $50,000, they’d receive $40,000.
It’s also important to keep timing in mind. The statute of limitations for pedestrian accident claims in California is generally two years from the date of the incident. Waiting too long to file could result in your case being dismissed, regardless of how strong your claim may be.
And if the driver fled the scene? Compensation may still be possible through uninsured motorist coverage or a future legal claim if they are identified.
Don’t try to navigate the legal system alone. Our attorneys at Court House Lawyers are here to protect your rights and fight for the compensation you deserve.
What California Road Laws Say About These Cases
Understanding state laws is critical to building a strong pedestrian accident case. California’s legal system doesn’t just look at who was hit; it examines how and why the accident happened. From right-of-way rules to speed limit enforcement and local ordinances, these laws play a major role in determining driver liability and how fault is assigned. Without a clear understanding of the relevant statutes, even a valid injury lawsuit can fall apart.
California Vehicle Code Section 21950
This law requires drivers to yield to pedestrians, but it also says pedestrians must not suddenly leave a curb or walk/run into the path of a car that’s too close to stop.
This means:
- Drivers must always proceed with caution
- Pedestrians should not act recklessly and expect full protection
California courts consider a range of factors when assigning responsibility, following a similar approach to how fault is determined in broader California car accident cases.
Speed and Stopping Distance Laws
If a driver is speeding even by a few miles per hour and hits a pedestrian, they may be found partially liable, even if a pedestrian suddenly steps into the road, the driver’s stopping ability is limited by human reaction time.
The average driver takes 1.5 seconds to respond, meaning a car at 40 mph travels approximately 139 feet before coming to a stop, even in perfect conditions. This extended stopping distance can affect driver liability, especially in injury lawsuits.
Local Ordinances May Apply
Cities like Los Angeles and San Francisco have stricter pedestrian safety ordinances, such as:
- Pedestrian scramble crosswalks
- No-turn-on-red restrictions
- Lower urban speed limits
These local rules may increase driver responsibility or affect how fault is distributed in an injury lawsuit.
Conclusion: Know Your Rights, Protect Your Claim
Pedestrian car accidents are rarely black and white. While drivers often bear much of the responsibility, pedestrians can also share fault, especially if local laws or basic safety rules were ignored.
Whether you’re a driver or a pedestrian, as with any car accident scenario, knowing what steps to take immediately after a crash in California can significantly impact how liability is determined and how well your case holds up under California road laws.
Liability isn’t about assumptions; it’s about facts, evidence, and the law.
Get the Legal Support You Deserve. If you or a loved one was injured in a pedestrian car accident, don’t wait. These cases are time-sensitive, and evidence can disappear fast.
Court House Lawyers offers free consultations to help you understand your rights, evaluate driver liability, and navigate your injury lawsuit with clarity.
Schedule your free case review today and get the support you need to recover confidently.
