What Types of Injuries Can Make Me Entitled to Compensation in a Pedestrian Accident?

Any injury caused by a driver’s negligence in a pedestrian accident can entitle you to compensation under California law. There is no minimum injury threshold for filing a personal injury claim. Whether you suffered bruises and scrapes or a catastrophic spinal cord injury, if the driver was at fault, you have the right to pursue damages for your medical treatment, lost income, and pain and suffering. Attorney Damoun Yazdi at The Accident Network Law Group represents pedestrian accident victims throughout Southern California.

Key Takeaways

• Any injury caused by a negligent driver entitles a pedestrian to file a personal injury claim in California
• Pedestrian injuries tend to be more severe than car accident injuries because pedestrians have no structural protection
• Common pedestrian accident injuries include traumatic brain injuries, broken bones, spinal cord damage, internal organ injuries, and severe road rash
• California Vehicle Code Section 21950 requires drivers to yield to pedestrians in crosswalks, but pedestrians can recover even if they were outside a crosswalk
• California’s pure comparative negligence standard means partial fault reduces but does not eliminate your recovery

Why Pedestrian Accident Injuries Are Often Severe

Pedestrians have no protective barrier between themselves and a vehicle traveling at speed. Even a vehicle moving at 20 miles per hour can cause serious injuries to a pedestrian. At 40 miles per hour, the risk of fatal injury increases dramatically. The physics of a vehicle-pedestrian collision mean that the pedestrian absorbs virtually all of the impact energy.

Typical injury patterns in pedestrian accidents involve a primary impact (the vehicle strikes the pedestrian’s lower body), a secondary impact (the pedestrian’s upper body and head hit the vehicle’s hood or windshield), and a tertiary impact (the pedestrian is thrown to the ground). Each impact can cause distinct injuries.

Common Pedestrian Accident Injuries

Traumatic brain injuries (TBI) are among the most serious and common pedestrian accident injuries. When a pedestrian’s head strikes the vehicle, the pavement, or both, the brain can sustain bruising, bleeding, or tearing. Concussions (mild TBI) may cause persistent symptoms including headaches, cognitive difficulties, and mood changes. Severe TBI can result in permanent cognitive impairment, personality changes, and the inability to live independently.

Broken bones occur in nearly every pedestrian accident involving vehicle impact. Common fractures include leg fractures (tibia, fibula, femur) from the initial vehicle impact, pelvic fractures from high-energy impacts, arm and wrist fractures from attempting to brace the fall, rib fractures that may puncture internal organs, and skull and facial fractures from striking the vehicle or pavement.

Spinal cord injuries from the force of impact or the secondary fall can cause herniated discs, vertebral fractures, and in severe cases, partial or complete paralysis. Spinal cord injuries require extensive medical treatment, rehabilitation, and often lifelong care.

Internal organ damage from blunt force trauma can affect the spleen, liver, kidneys, and lungs. Internal injuries are particularly dangerous because they may not produce immediate symptoms. Internal bleeding can become life-threatening if not detected quickly through medical evaluation.

Severe lacerations and road rash from sliding across pavement can cause deep tissue damage, nerve injury, and permanent scarring. Third-degree road rash may require skin grafting surgery.

Knee and joint injuries including torn ligaments (ACL, MCL), dislocated joints, and crushed cartilage that may require surgical reconstruction and months of rehabilitation.

Psychological injuries including PTSD, anxiety about crossing streets, depression, and sleep disturbances are recognized as compensable damages under California law.

How Pedestrian Fault Affects Your Claim

California follows pure comparative negligence (Li v. Yellow Cab Co., 1975) 13 Cal.3d 804. If a pedestrian is partially at fault for the accident, their compensation is reduced by their percentage of fault, but not eliminated.

For example, a pedestrian who was jaywalking when struck by a speeding driver might be found 20% at fault (for jaywalking) while the driver is 80% at fault (for speeding). If the pedestrian’s damages total $200,000, they would recover $160,000.

CVC Section 21950 requires drivers to yield to pedestrians in marked and unmarked crosswalks. Even when a pedestrian is outside a crosswalk, CVC Section 21954 requires drivers to exercise due care to avoid striking pedestrians. This means drivers are almost never entirely free of fault when they strike a pedestrian.

Compensation Available for Pedestrian Injuries

Economic damages: Emergency medical treatment, hospitalization, surgery, physical therapy, rehabilitation, medications, assistive devices, home modifications, lost wages, and future lost earning capacity.

Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. California does not cap non-economic damages in standard personal injury cases.

California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025) requires minimum auto insurance of $30,000/$60,000/$15,000. Severe pedestrian injuries frequently exceed these minimums, which is why Attorney Yazdi investigates all available coverage.

California Code of Civil Procedure Section 335.1 gives you two years from the date of injury. Government Code Section 911.2 requires a six-month tort claim for government entities.

Contact The Accident Network Law Group About Your Pedestrian Accident

Pedestrian injuries are rarely minor, and insurance adjusters know it. That is exactly why they look for any reason, including a claim that you were jaywalking, to shift blame and reduce what they pay. Attorney Damoun Yazdi at The Accident Network Law Group has spent 12+ years building pedestrian injury claims that account for every impact your body absorbed, not just the most visible fracture or laceration. Consultations are always free, and we take these cases on a contingency basis under our No Recovery, No Fee policy.

We represent pedestrian accident victims in Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. Se habla espanol. Reach out today to discuss what your claim may be worth.