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Pedestrian Accidents: Why Victims Are Often Owed More Than They Realize

Pogosyan Law Team
05-09-2026
Pedestrian Accidents: Why Victims Are Often Owed More Than They Realize

California consistently ranks among the most dangerous states for pedestrians. The California Office of Traffic Safety (OTS) reports thousands of pedestrian injuries and fatalities on California roads each year - with Los Angeles County among the hardest- hit areas. If you or a loved one was struck by a vehicle, California law strongly protects your right to compensation.

California's Duty of Care to Pedestrians

Under California Vehicle Code Section 21950, drivers must yield to pedestrians in marked and unmarked crosswalks. Beyond crosswalks, pedestrians walking along roadways also have the right-of-way in many circumstances. When a driver strikes a pedestrian, there is often a strong presumption of driver negligence.

Justia's personal injury resource at justia.com/injury provides a helpful breakdown of how negligence standards apply in vehicle-versus-pedestrian cases across California.

Common Scenarios Where Pedestrians Are Struck

An intersection with pedestrian crossing signals showing WALK
A parking lot with visible crosswalk markings and parked vehicles

  • Crosswalk collisions where the driver ran a red light or failed to yield
  • Backing vehicle accidents in parking lots and driveways
  • Distracted driving - texting or phone use at intersections
  • Drunk driving incidents at night
  • Hit-and-run accidents
  • Rideshare or delivery vehicle collisions near curbs
Even if you were jaywalking, California's comparative fault rules do not bar your recovery. You may still be entitled to significant compensation, reduced proportionally by your share of fault.

The Severity of Pedestrian Injuries

The CDC's traumatic brain injury data shows that vehicle-pedestrian collisions are among the leading causes of TBIs in adults. Because there is no protective frame around a pedestrian, injuries are often disproportionately severe compared to vehicle occupants in the same crash. Common serious injuries include:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Pelvic and leg fractures
  • Internal organ damage
  • Severe road rash and lacerations
  • Wrongful death

Hit-and-Run Pedestrian Accidents

California has a significant hit-and-run problem. If you were struck and the driver fled, you may still recover compensation through:

  • Your own Uninsured Motorist (UM) coverage
  • A California Victim Compensation Program claim
  • Any witnesses or surveillance that can identify the driver
For guidance on uninsured motorist coverage, Nolo's car accident guide covers UM coverage in depth. Our attorneys can also help you navigate this process - visit our pedestrian accidents page.

A security camera mounted on a building exterior at night
An attorney reviewing a police accident report at a desk

Steps to Take After Being Struck as a Pedestrian

  • Accept emergency medical care immediately - do not refuse
  • Request a police report and get the report number
  • Photograph the vehicle, license plate, and scene before anything moves
  • Note the location of any nearby security cameras
  • Get driver and witness contact information
  • Do not discuss the accident or accept any offer at the scene
Our attorneys at Pogosyan Law Firm have extensive experience representing pedestrian accident victims throughout Glendale, Pasadena, and the greater Los Angeles area. For insurance-related issues that often arise in these cases, also see our blog on low settlement offers and how insurance adjusters evaluate injury claims. Call (818) 243-3900 for a free consultation.