by: adminOn: June 18, 2025
Who is liable in a pedestrian accident? It’s a question that’s unfortunately asked too often in our line of work. Depending on the severity of the accident, the injuries it leads to, and the events building up to the crash, it’s also one with a wide range of answers.
In this guide, our Glendale pedestrian accident lawyers break down what you need to know about a car accident with pedestrians: Who’s at fault? Who’s entitled to compensation? What evidence must you collect? Read on for more.
Any accident involving a pedestrian is, of course, an emergency. But when deciding compensation, there are multiple levels to judging how serious the incident is.
Pedestrian accident liability is not taken as seriously in bicycle-related cases as it is in those involving SUVs, for instance. Moreover, car accidents happen almost anywhere. Crosswalks, sidewalks, and parking lots are all particularly infamous locations, and each brings its own unique implications to claiming compensation.
The most severe situation is a hit-and-run, which is associated with multiple fatalities and significantly complicates legal proceedings.
The moments after a crash can be disorienting. The parties involved cannot be trusted to reliably narrate the version of events. But in some cases, it’s more clear who is at fault. Let’s examine the major factors from both sides.
All drivers are expected to act responsibly behind the wheel. This means that in pedestrian car accidents where drivers are found to be under the influence of alcohol or drugs, or well over the speed limit, they will be held liable. Moreover, those who run red lights, fail to slow down at crosswalks, or use their phones are in the wrong.
So, when is a pedestrian at fault for a car accident? There are actually multiple cases in which this can occur. Jaywalkers, for instance, or individuals who break traffic rules may not be able to claim significant damages. In some cases, pedestrians who were on their phones may also be judged to be at fault — just one example of the many gray areas that surround cases of a car accident hitting a pedestrian.
In California, a third-party could also be held liable. Instances where a poorly maintained road caused the collision, or misplaced debris from a nearby construction site blocked the view, for example, could make it hard to pin the blame. Vehicle manufacturers are also sometimes held responsible, particularly when brakes fail.
Another point to note is that California follows a comparative negligence system. This means any or all of the parties mentioned above could be held liable.
In this case, they will share the burden as decided by the court. As you’d imagine, judging fair compensation down to a percentage significantly muddies the waters and makes it hard to figure out how much compensation you’re entitled to.
Our experts will be happy to help with a free case evaluation.
All pedestrian accident claims must be furnished with relevant evidence. This could come in the form of debris collected from the accident site, copies of surveillance camera footage, eyewitness statements, or all of the above.
In the moments — and weeks — following an accident, don’t forget to:
An expert will also help you collate evidence, draft the car pedestrian accident lawsuit if litigation becomes necessary, and ensure you are adequately compensated for the incident.
As for how long it takes — once again, multiple factors decide. More straightforward cases could close within a few months, while cases in which negotiations stall can drag on for multiple years. The factors that influence the timelines include:
And that’s just the beginning.
Finding fault is incredibly complicated, especially considering the damages claimed can be so extensive. In many cases, pedestrian car accident compensation can include all medical expenses, lost wages, property damage, and rehabilitation costs.
At the Pogosyan law office in Glendale, we take car and pedestrian accidents seriously.
We know outcomes can range from slightly scary to outright disastrous, so we’ve made it our mission to ensure all parties are fairly compensated in such cases. If you have recently been in an accident or know someone who has, reach out to our LA experts.