Being struck by a vehicle as a pedestrian is one of the most severe accident types — the human body has no protection against a vehicle. California law provides strong protections for pedestrian accident victims, and the injuries typically produce among the largest settlements and verdicts in personal injury law. Here's what you need to know.
California Law: Pedestrian Right of Way
California Vehicle Code provides several strong pedestrian protections:
- VC § 21950: Drivers must yield to pedestrians in any crosswalk — both marked and unmarked. An unmarked crosswalk exists at every intersection, even where no lines are painted.
- VC § 21954: Even outside a crosswalk, a driver must exercise due care to avoid striking a pedestrian — and must give an audible warning when necessary
- VC § 21949: The state has a "policy of safety" for pedestrians that applies broadly
- VC § 21956: Drivers must yield to pedestrians on sidewalks
Common Pedestrian Accident Scenarios
- Crosswalk strikes: Driver runs a red light or fails to yield to a pedestrian with the walk signal
- Turning vehicle strikes: Driver makes a right or left turn and strikes a pedestrian in the crosswalk
- Backing vehicle strikes: Driver reversing in a parking lot or driveway strikes a pedestrian
- Distracted driver strikes: Texting driver drifts onto shoulder or sidewalk
- Hit and run: Vehicle strikes pedestrian and flees — UM coverage applies if the driver is unidentified
- Drunk driver: DUI motorist strikes pedestrian on roadway or sidewalk
Injuries in Pedestrian Accidents
Because pedestrians have no protection from vehicle impact, injuries are almost always severe:
- Traumatic brain injury (head strikes hood, windshield, or pavement)
- Spinal cord injury
- Multiple fractures — pelvis, femur, tibia, ankle most common
- Internal organ injuries
- Severe road rash and degloving injuries
- Crush injuries (especially in low-speed backing incidents)
- Psychological trauma and PTSD
Comparative Fault for Pedestrians
California's pure comparative negligence applies to pedestrian cases. Even if you were crossing outside a crosswalk, walking along the roadway at night without reflective clothing, or crossing against a signal, you may still recover — reduced by your percentage of fault.
Common comparative fault arguments used against pedestrians:
- Jaywalking (crossing mid-block)
- Crossing against a "Don't Walk" signal
- Walking while distracted (phone)
- Wearing dark clothing at night
- Darting into traffic from between parked cars
Even if one of these applies, California's pure comparative fault means you can still recover if the driver bore any fault — which in most pedestrian accidents, they do.
Damages Available to Pedestrian Accident Victims
- All medical expenses (often enormous given injury severity)
- Future medical care and rehabilitation
- Lost wages and future earning capacity
- Pain and suffering (often the dominant component)
- Emotional distress and PTSD
- Disfigurement (scarring, amputation)
- Loss of enjoyment of life
- Wrongful death damages (for family members)
Pedestrian Accident Settlement Values
- Soft tissue injuries, full recovery: $30,000 – $100,000
- Fractures requiring surgery: $150,000 – $500,000
- TBI with lasting effects: $400,000 – $2,000,000+
- Permanent disability: $1,000,000 – $10,000,000+
- Wrongful death: $750,000 – $5,000,000+
Hit and Run Pedestrian Accidents
If the driver fled and was never identified, your own auto insurance's uninsured motorist coverage (if you have it) covers you as a pedestrian. Even without your own auto policy, a household family member's UM coverage may protect you. If no UM coverage is available, the California Victims Compensation Board may provide limited assistance.
Attorney Mark Gonzales fights aggressively for pedestrian accident victims. Free consultation — no fee unless we win.
📞 Call 909-587-6336