Los Angeles Pedestrian Accident Lawyer

Want your pedestrian accident case to be won and done? Welcome to Won And Done. We’re the go-to law firm for Los Angeles pedestrian accident victims looking for seamless, personalized case management that puts you back on your feet with your financial future secured.

If a pedestrian accident has altered your life, we can help. The first step toward financial stability starts with a call, text, or email to Maison Law.

How Won And Done Helps Los Angeles Pedestrian Accident Victims

Getting your case Won And Done is not just our motto; it’s a promise we deliver on. Los Angeles is a fast-paced city, and we understand how important it is to return your life to normal after an unfortunate pedestrian accident. Contact us today to:

• Get your case reviewed
• Get a lawyer
• Get paid
• Get on your way

If you need help getting access to healthcare or other resources, give us a call; our door is always open. We’ll make the necessary calls and connect you with expert medical providers who prioritize our clients’ needs. Our firm has spent decades helping pedestrian accident victims in Los Angeles get immediate medical care and lifelong compensation for:

• Medical and hospital bills
• Property damages
• Occupational and physical therapy
• Lost earnings and wages
• Lost career growth such as raises and promotions
• Property damage
• Lost future earning capacity
• Pain and suffering

In this article, we’ll cover laws that protect pedestrians from careless drivers, liability in pedestrian accident cases, and compensation Los Angeles pedestrian accident victims can receive.

Dangers of Being a Pedestrian in Los Angeles

The number of pedestrian fatalities in Los Angeles has been on the rise over the past decade. According to LA City Traffic Collision Data, there were 179 fatal pedestrian accidents in 2023, up almost 50% from the prior year. The increase in pedestrian fatalities was largely driven by the number of traffic fatalities involving pedestrians, where nearly two-thirds (60.4%) of all traffic fatalities were fatal pedestrian accidents in 2023.

The majority of these accidents occur in Los Angeles’s Council District 14. Downtown Los Angeles is almost entirely in CD 14, an area with the highest concentration of pedestrians, packed with many vehicles in a small downtown area. This is a large reason Los Angeles consistently ranks high among U.S. cities for pedestrian accidents.

With distracted driving, inadequate pedestrian infrastructure in the downtown area, and a high risk of fatal accidents, it is important that Los Angeles pedestrians know their rights before stepping out onto the street.

Los Angeles Pedestrian Rights

California has laws to protect pedestrians walking along sidewalks, crossing intersections, or using the street. According to California Vehicle Code 21950, all drivers in California are required to yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. This affords pedestrians protection when walking near or across traffic. Other rights afforded to pedestrians include:

• Sidewalk Precedence: Vehicles turning into parking lots or driveways must yield to pedestrians on the sidewalk.
• Signal Compliance: Drivers, as well as bicyclists, must adhere to traffic signals to allow pedestrians safe crossing at intersections.

A violation of these laws is not only illegal, but it also gives you the right to pursue compensation for damages if you’re injured in a pedestrian accident. At Maison Law, we protect your right to compensation if you’ve been injured due to a driver’s carelessness on the road. If you need to recover financial costs quickly and efficiently, we can help. Fill out a free, no-obligation case review today to get your case Won and Done.

Pedestrians’ Rights at a Los Angeles Crosswalk

According to California Vehicle Code Section 21950, drivers must adhere to the following safety laws when approaching a crosswalk:

• All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
• A driver must stop before the line, not in the middle of the crosswalk.
• A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
• Drivers are not permitted to pass stopped vehicles, while pedestrians are allowed to cross at a crosswalk.

In the state of California, the term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks.  Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk.

However, it is important to know that a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.

Is Jaywalking Illegal in California?

Jaywalking in California is illegal. However, it is not a legally defined offense within California’s written statutes. But as of 2023, police are no longer permitted to stop pedestrians and issue citations for jaywalking unless the person jaywalking is creating a hazard, according to Pacific Coast Business Times.

Jaywalking is mostly a common term used to describe ways pedestrians cross the street that may be against the law. Jaywalking is often considered:

• Crossing the street when there is no crosswalk
• Crossing the street outside of a crosswalk
• Crossing the street where there isn’t an intersection
• Ignoring traffic signs instructing pedestrians not to cross
• Ignoring street lights that say “Don’t Walk”

So, while jaywalking is not a legally defined term, it can be seen as a careless act that could potentially hurt your case if you’re involved in a pedestrian accident.

Do Pedestrians Have the Right-of-Way Outside of Crosswalks in California?

Pedestrian’s right-of-way outside of crosswalks is covered by California Vehicle Code 21954. This statute says all pedestrians on roadways at any point other than within marked crosswalks or unmarked crosswalks must yield the right-of-way to all vehicles. According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute further defines crosswalks as:

“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.

Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”

So, if a pedestrian is hit outside of a crosswalk, they can be partially at fault for their injuries, depending on the situation. However, in the state of California, even if you were at-fault for your injuries, you are still entitled to compensation through Comparative Negligence.

Pedestrians Injured in a Los Angeles Bike Lane

In Los Angeles, pedestrians must stay out of bike lanes wherever there is an “adjacent adequate pedestrian facility,” meaning there is an available sidewalk or walking path near the bike lane. This is stated under California Vehicle Code 21966. If a sidewalk is blocked, then a pedestrian may access bike lanes to get around the obstruction.

So, if a pedestrian is injured in a bike lane, then they may or may not be partially liable for their injuries, depending on the details of the accident. Even if a pedestrian is partially at fault for an accident, they are still entitled to compensation. This is covered under California’s Comparative Negligence Law.

Comparative Negligence in a Los Angeles Pedestrian Accident

In California, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

In most cases, drivers are the at-fault party in pedestrian accidents, however, there can be exceptions. Contrary to popular belief, pedestrians do not always have the right-of-way. For example, let’s use California’s most dangerous intersection according to a study done by the National Highway Traffic Safety Administration, Devonshire St. and Reseda Blvd. in Los Angeles.

Let’s say you’re in a hurry to get something to eat on the other side of the street, and you attempt to run across the crosswalk when the crossing light is indicating you not to walk. You’re struck by a vehicle that was also in a hurry and ran a red light. In this case, you can be assigned a percentage of the fault for crossing the street when you were not supposed to.

In this hypothetical scenario, you could be found by a jury to be 40% at fault for your injury. This would leave the driver with 60% of the fault for not being more aware of a person in the street. So, if the final verdict rewards you with $200,000, then you would get $120,000 as your compensation will be reduced by the 40% you were found at fault.

Should You File a Police Report After a Pedestrian Accident in Los Angeles?

Even if you seem unharmed after being hit by a vehicle in a pedestrian accident, it is recommended to report the accident to the police. According to California Vehicle Code 20008, drivers are required to report incidents to police within 24 hours of being in an accident.

Failure to report an accident can result in fines and license suspension for drivers. A common mistake most drivers make after getting into a pedestrian accident is thinking they can avoid having their rates raised by not informing their insurance about a minor accident. However, this can easily backfire. If a driver fails to report the accident to police or exchange information with you, the incident can be upgraded to a hit-and-run felony.

What the Law Says About Hit-and-Run Pedestrian Accidents

According to California Vehicle Code 20002, individuals are prohibited from leaving the scene of an accident without identifying themselves to others involved when someone else’s property was damaged. This law applies to pedestrians as well as other modes of transport and is considered a misdemeanor. However, if any person is injured or killed in the hit-and-run accident, then the penalty is upgraded to a felony hit-and-run. A person is guilty of a hit-and-run if:

• They leave the accident scene
• Fail to identify themselves to the others involved
• Damage occurred to someone else’s property, or someone was injured or killed, and the fled the scene

What to Do After a Hit-and-Run Pedestrian Accident in Los Angeles

Any accident that involves a driver failing to stop after hitting someone with their vehicle is considered a hit-and-run collision. When most people think about hit-and-runs, they tend to think it’s an accident between two cars, but a hit-and-run can happen to pedestrians, skateboarders, bikers, and other modes of non-motorized transportation. If you find yourself in a pedestrian hit-and-run situation, it is recommended to take the following steps:

• Report the crime to the Los Angeles Police: A hit-and-run driver can face serious penalties for fleeing the scene of an accident. The sooner the collision is reported, the better chance a police officer will track the offender down, improving the odds of getting compensation for your injuries.
• Get medical attention: Even if you don’t feel enough pain to see a doctor, it is recommended to get checked out anyway. Deep tissue injuries and ligament strains can take days to turn into painful injuries. Any delay in seeking medical attention can be harmful to your case if you decide to take legal action.
• Speak with a lawyer: The best way for injured pedestrians in Los Angeles to get compensation for a hit-and-run accident is to partner with an attorney. These accidents require evidence, witness testimony, and legal protection from liability to reach a successful conclusion.

At Maison Law, we offer free consultations and can build a strong case on your behalf to ensure you are compensated quickly and efficiently.

Am I Legally Required to Report a Pedestrian Accident to the LAPD?

Pedestrians are not typically the ones who would call the police after an accident with a vehicle. This task is usually left to the driver involved in the accident. But if the police are not called to the scene, it is highly recommended to make sure they are called and file an accident report. We will cover reasons why a police report is essential to your personal injury claim later in the article.

When it comes to reporting an accident to the Los Angeles Police, several regulations govern when a driver must report an accident. They can get confusing if you read them from start to finish, so here is a brief summary for your convenience. Drivers must report an accident in Los Angeles if:

• Anyone is injured, even minor scrapes and bruises count.
• Anyone is killed in the accident.
• Property damage reaches or exceeds $1,000, this includes damage to personal property as well, not just the vehicle.
• Any drivers involved were operating a motor vehicle without a license.
• Any drivers involved were intoxicated at the time of the accident.

By law, a citizen of California has 10 days to report their accident to the police, starting from the day the accident occurred.

Step-by-Step: Police Report Retrieval after a Pedestrian Accident with a Vehicle in Los Angeles

Obtaining a copy of the traffic collision report is essential for an insurance claim and any potential legal action you may take. Here are the necessary steps to retrieving your police report:

1. Identify the Reporting Agency: determine whether the accident was reported to the local police or the California Highway Patrol (CHP). This is usually dependent on where the accident took place.
2. Gather Information: the more information you have, the easier it will be to retrieve your report. According to the Transportation Injury Mapping System, Los Angeles averages around 40,000 car accidents per year, so there will most likely be a lot of accidents to sort through. The information needed includes: date, time, location, name of drivers, and your contact information.
3. Request the Report: you can visit the Los Angeles Police Station in person to request a report, submit a request online, or you can submit a request via mail if online requests are unavailable.
4. Allow Time for Processing: it can take several business days or weeks for the report to be processed and available.

Average Settlement for a Los Angeles Pedestrian Accident

If you’ve been hit by a careless driver in Los Angeles, it’s normal to wonder about potential settlement amounts. While every case is unique, the amount of your pedestrian accident settlement is dependent on your economic and non-economic damages. These damages combined include:

• Hospital bills
• Current and future medical treatment
• Lost income
• Future lost earnings
• Physical therapy
• Surgery (if necessary)
• Pain and suffering
• Loss of enjoyment of life

The value of each of these damages will be dependent on their severity. The more severe your damages, the greater your compensation will be. For example, a broken bone requiring surgery could range anywhere from $100,000 to $250,000, depending on the cost of medical treatment. So, it would not be out of the realm of possibility to request a settlement higher than the cost of medical care to make up for lost wages, as well as pain and suffering.

What Factors Could Decrease My Pedestrian Accident Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced Pedestrian Accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:

1. Comparative negligence: as discussed in the article above, if you are found partially at fault, your settlement can be reduced by your percentage of liability.
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you, as it implies your injuries were not that severe.
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects

Contact a Los Angeles Pedestrian Accident Lawyer

If you’re looking for a law firm to get your case won and done, then Won And Done is here for you. We understand the enormous medical costs associated with pedestrian accidents and will aggressively pursue a settlement to match the full extent of your damages to ensure you are made whole. One call is all it takes. Get your case Won and Done by filling out a no-cost, no-obligation case review today. We operate on a contingency-fee basis, meaning you don’t pay a cent until we’ve won your case.