Hit by a Car in California? Your Rights and Options for Filing a Pedestrian Accident Lawsuit

Imagine crossing the street, a routine part of your day, when suddenly, a vehicle strikes you. In 2023, California streets were the scene of 12,295 pedestrian fatalities and injuries, according to the California Statewide Integrated Traffic Records System (SWITRS). If you’ve been hit by a car in California, understanding your rights and the steps you can take is crucial. This blog post will walk you through your rights and options for filing a pedestrian accident lawsuit in California.

California Law and Pedestrian Rights

California law provides significant protections for pedestrians. California Vehicle Code Section 21950 states that drivers must yield the right-of-way to pedestrians crossing a roadway within any marked or unmarked crosswalk. This means pedestrians have the right of way in both marked and unmarked crosswalks. Drivers must slow down or stop, if necessary, to allow pedestrians to cross safely.

Despite these laws, many pedestrians are injured each year while crossing the street, walking through parking lots, or stepping off a curb. In 2023, California had the highest number of pedestrian traffic fatalities nationwide.

It’s important to know that even if you were not in a designated crosswalk, you might still have a case. California’s “Freedom to Walk Act,” which went into effect on January 1, 2023, means that police officers are prohibited from stopping or ticketing pedestrians for jaywalking unless there is an immediate danger of a collision.

Common Causes of Pedestrian Accidents

Most pedestrian accidents occur due to driver negligence or unsafe road conditions. When drivers fail to follow traffic laws or pay attention to their surroundings, they put pedestrians at risk. Common causes include:

Distracted Driving: Drivers using cell phones, adjusting navigation, or engaging in other distractions may not see pedestrians until it’s too late.
Failure to Yield: Many drivers fail to stop for pedestrians at crosswalks and intersections.
Driving Under the Influence (DUI): Drunk or drug-impaired drivers have slower reaction times and impaired judgment.
Speeding: The faster a vehicle travels, the less time a driver has to react, increasing the likelihood and severity of pedestrian injuries.
Poor Road Conditions: Lack of crosswalks, malfunctioning traffic signals, inadequate lighting, or poorly maintained sidewalks can also contribute to accidents.

Immediate Steps to Take After an Accident

If you’ve been hit by a car, here are the immediate steps you should take, if you are able to do so:

Ensure Safety: Move to a safe location away from traffic, if possible.
Call 911: Report the accident to the police and request medical assistance. Even if injuries seem minor, it’s essential to have a medical professional assess your condition.
Gather Information: Collect the driver’s name, contact information, driver’s license, and insurance details. Also, get contact information from any witnesses.
Document the Scene: If possible, take photos and videos of the accident scene, including vehicle damage, your injuries, and any relevant traffic signals or signs.
Seek Medical Attention: Follow up with medical treatment and document all treatments. Some injuries may not be immediately apparent and can worsen over time.
Contact an Attorney: Reach out to a pedestrian accident attorney as soon as possible to protect your rights.

Your Legal Rights as a Pedestrian

If you’ve been injured as a pedestrian, you have the right to seek compensation for your losses. Under California law, those who prevail in a personal injury civil action are entitled to compensatory damages, which are divided into two categories:

Monetary Damages: These include past and future medical expenses, lost earnings, costs of living with a disability, and property damage.
Non-Monetary Damages: These include damages for pain, suffering, and emotional distress.

Understanding Negligence in Pedestrian Accident Cases

To win a pedestrian accident lawsuit, you must prove that the driver was negligent. In legal terms, negligence refers to the failure to exercise reasonable care under the circumstances. To prove negligence, you must demonstrate the following:

Duty of Care: The driver owed you a duty of care to operate their vehicle safely and follow traffic laws.
Breach of Duty: The driver breached this duty of care through negligent actions, such as speeding, distracted driving, or failing to yield.
Causation: The driver’s negligence directly caused your injuries.
Damages: You suffered actual damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Comparative Negligence: What if You Were Partially at Fault?

Even if you were partially at fault for the accident, you may still be able to recover compensation. California follows a “pure comparative negligence” rule. This means that your compensation can be reduced by your percentage of fault for the accident.

For example, if you are awarded $100,000 in damages but found to be 20% at fault for jaywalking, your compensation would be reduced by 20%, and you would receive $80,000.

Statute of Limitations: Don’t Miss the Deadline

In California, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you fail to file your lawsuit within this two-year window, you may lose your right to seek compensation altogether.

There are some exceptions to this rule. For example, if you were a minor (under 18) at the time of the accident, the statute of limitations may be extended. Also, if the driver who hit you fled the scene and could not be found, the statute of limitations may be paused until they are located.

If your accident involved a government entity, such as a city bus, you may have a much shorter deadline (as little as six months) to file a claim.

Potential Compensation in a Pedestrian Accident Case

The amount of compensation you can recover in a pedestrian accident case depends on the severity of your injuries and the extent of your damages. Settlements for minor injuries typically range from $10,000 to $75,000, while settlements for severe injuries can reach millions of dollars.

Compensation may include:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and any necessary ongoing care.
Lost Wages: You can recover compensation for lost wages if your injuries prevent you from working. This includes both past lost wages and future lost earning capacity.
Pain and Suffering: You can receive compensation for the physical pain and emotional distress you have experienced due to the accident.
Property Damage: If your personal belongings were damaged in the accident, you can seek compensation for the cost of repairing or replacing them.
Punitive Damages: In cases where the driver’s conduct was particularly egregious (e.g., drunk driving or reckless behavior), you may be able to recover punitive damages, which are intended to punish the driver and deter future misconduct.

The Role of a Pedestrian Accident Attorney

Navigating the legal process after a pedestrian accident can be complex and overwhelming. An experienced pedestrian accident attorney can help you:

Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident scene to determine liability.
Negotiate with Insurance Companies: Deal with insurance adjusters and negotiate a fair settlement on your behalf.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Maximize Your Compensation: Ensure that you receive the full compensation you deserve for your injuries and losses.

Seeking Justice and Fair Compensation

Being hit by a car as a pedestrian can have devastating consequences. Understanding your rights and options is the first step toward seeking justice and fair compensation for your injuries. By taking the right steps after an accident and working with an experienced attorney, you can protect your rights and pursue the compensation you need to recover and rebuild your life.