California Pedestrian Accident Lawyers at The Accident Network Law Group

A pedestrian hit by a vehicle absorbs an injury that a driver almost never does, and the legal rules that decide who pays do not change from county to county. California applies one statewide right-of-way framework, one statewide comparative fault rule, and one statewide filing deadline to every pedestrian claim, whether the collision happened on a Sacramento arterial, a Bay Area boulevard, or a Southern California intersection. Knowing that framework, and using it correctly, is what turns a denied claim into a paid one.

At The Accident Network Law Group, we have represented pedestrian injury victims from our Southern California offices in Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, and Victorville since 1999. Attorney Damoun A. Yazdi brings 12+ years of personal injury practice and the courtroom background of a former law clerk at the Los Angeles County District Attorney’s Office to each case, and every client is represented on a contingency basis, meaning there is no fee unless we recover compensation.

California law gives injured pedestrians two years from the date of the collision to file suit under California Code of Civil Procedure Section 335.1. Contact us for a free consultation. Se habla espanol.

California’s Statewide Pedestrian Right-of-Way Rules, CVC 21950 to 21971

The core rule sits at Vehicle Code Section 21950, which requires a driver to yield to a pedestrian crossing within any marked crosswalk, or within any unmarked crosswalk at an intersection. This single sentence controls the outcome of most crosswalk collisions anywhere in the state.

Outside a crosswalk, the duty shifts under Vehicle Code Section 21954: a pedestrian must yield to vehicles close enough to be an immediate hazard, but the statute is explicit that this never relieves a driver of the ongoing duty to exercise due care for anyone in the roadway. On streets without sidewalks, Vehicle Code Section 21956 requires pedestrians to walk facing oncoming traffic along the road’s edge, a rule that comes up often in rural and unincorporated parts of the state.

Two protections apply regardless of where the pedestrian was standing. Vehicle Code Section 21963 gives a blind pedestrian carrying a white cane or using a guide dog the right-of-way at all times, and Vehicle Code Section 21970 makes it unlawful for a driver to stop a vehicle in a way that unnecessarily blocks a marked or unmarked crosswalk.

The Freedom to Walk Act (AB 2147), effective January 1, 2023, amended Vehicle Code Sections 21950, 21954, 21955, and 21956 statewide to bar officers from citing a pedestrian for crossing outside a crosswalk or against a signal unless a reasonably careful person would recognize an immediate danger of collision. That change applies the same way in every California jurisdiction: crossing mid-block no longer forfeits your right to pursue a claim against a negligent driver.

Pure Comparative Fault: Partial Blame Never Erases a California Claim

California follows pure comparative negligence, which means a pedestrian who bears some responsibility for a collision can still recover the remainder. If a jury assigns a pedestrian 30 percent of the fault in a $200,000 case, the recoverable award is reduced to $140,000, not eliminated. Insurance adjusters statewide rely on the assumption that claimants do not know this rule, and use it to justify denying or shrinking a payout. We do not let an adjuster’s assertion of fault substitute for an actual finding by a court.

When a State Highway or City Street Design Contributed to the Crash

Poor lighting, a missing crosswalk signal, overgrown sightline obstructions, or a poorly timed walk signal can shift part of the liability onto the public agency responsible for the roadway, whether that agency is Caltrans on a state highway or a city or county public works department on a local street. Claims against any government entity in California, no matter which agency owns the road, must be presented in writing within six months of the injury under Government Code Section 911.2. Missing that six-month window closes the door on that defendant permanently, even though the two-year deadline against the driver is still running.

Injury Patterns That Show Up Statewide

Vehicle-versus-pedestrian collisions follow a consistent injury pattern no matter where in California they happen, because the physics do not change: the bumper strikes the legs and pelvis first, producing fractures, and the secondary impact against the hood, windshield, or pavement produces the head trauma, spinal injury, and internal bleeding that make these cases serious. Severity tracks closely with the posted speed of the roadway, which is why collisions on higher-speed arterials and state routes tend to produce more catastrophic outcomes than those on slow residential streets.

What a California Pedestrian Injury Claim Can Recover

A pedestrian claim seeks payment for the losses you can itemize: emergency transport, surgery, hospitalization, physical therapy, projected future care, and every paycheck missed during recovery. It also seeks payment for losses that resist a receipt, including pain, the psychological aftermath of being struck by a vehicle, disfigurement, and the loss of independence a serious injury can cause. California places no statutory ceiling on compensatory damages in these cases, so the strength of the evidence, not an arbitrary cap, decides the value. Where a driver fled the scene or otherwise acted with malice, Civil Code Section 3294 allows a jury to add punitive damages. If the driver had no insurance or fled, uninsured motorist coverage on your own household auto policy frequently applies even though you were on foot.

Two Filing Clocks Every Pedestrian Claim Must Track

• Two years from the date of injury to sue the driver, under Code of Civil Procedure Section 335.1
• Six months from the date of injury to present a written claim against any government entity whose road, signal, or crossing design contributed, under Government Code Section 911.2
• Evidence such as intersection camera footage and nearby business surveillance is typically overwritten within days, far sooner than either legal deadline

How Insurers Handle Pedestrian Claims No Matter Where You Live in California

The defense playbook is nearly identical from the Inland Empire to the coast: the pedestrian supposedly darted into the road, wore dark clothing, or was distracted by a phone. Attorney Damoun A. Yazdi started his legal career as a paralegal at a personal injury firm, watching insurers build exactly these files, before clerking at the Los Angeles County District Attorney’s Office. That combined background is why our firm handles every insurance communication directly, builds a documented record of your injuries and losses, and files suit when a carrier will not make a fair offer.

Contact The Accident Network Law Group About Your Pedestrian Injury

Wherever in California you were struck, our team can evaluate your claim at no cost and with no obligation. We work on a contingency basis, so you owe nothing unless we recover compensation, our staff serves English and Spanish speaking clients, and someone from our office is available to talk day or night. Reach out today for your free pedestrian accident consultation.

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.