Are Drivers Always At Fault for Pedestrian Accidents?

 Posted on February 05, 2025 in Personal Injury

In sunny Southern California, the weather is suitable for walking year-round. Whether walking for exercise, pleasure, or as a way to get where you need to be, pedestrians are extremely vulnerable in traffic collisions. Pedestrian accidents frequently cause catastrophic injuries and fatalities, leaving the victims or families to pick up the pieces.

Can pedestrian accident victims or their families pursue a personal injury or wrongful death claim for their damages? Do pedestrians ever share fault for their accidents? Why does fault matter? A knowledgeable LA County, CA personal injury attorney can investigate the accident and help you explore your legal options.

Are Pedestrian Accidents Really That Dangerous?

In a car, drivers and passengers are surrounded by the vehicle’s structure. Seatbelts and airbags offer additional protection against impact. Pedestrians, on the other hand, are completely vulnerable when a moving vehicle hits them. In California, walkers and disabled persons using a motorized wheelchair or another mobility device are considered pedestrians. Skaters and skateboarders are also pedestrians, but bicyclists are not.

In 2022, there were 337 pedestrian accidents in Los Angeles County, producing 244 injuries and 93 fatalities. Statewide, 406 people were killed, and 1,201 were injured that same year.

Even a low-speed impact can have devastating consequences for pedestrians. Spinal cord and brain injuries, multiple fractures, extensive bruising, and organ damage are common.

If these injuries are not fatal, the victims may be permanently disabled and face a lifetime of medical care expenses, diminished earning capacity, and significant pain and suffering. Families of fatal victims also experience multiple financial, emotional, and mental losses. Filing a legal claim can provide reimbursement for your financial losses and compensation for your intangible damages, but you must first identify the at-fault party.

Who Is At Fault in Pedestrian Accidents?

Many times, drivers are responsible for causing pedestrian accidents through driving under the influence, speeding, distracted driving, and other negligent driving errors. However, pedestrians also have laws to follow. These laws govern things like where and how pedestrians can cross streets and rules for crosswalks.

Drivers should always pay close attention when pedestrians are nearby, but pedestrians should also be conscious of their own safety. Pedestrians could bear partial fault for their accident if:

• They are distracted and walk directly into oncoming traffic

• They disregard walk signals

• They cross outside crosswalks if any are nearby

Although you can still seek damages if you are partially at fault in California, the amount you could receive is reduced by your percentage of fault. Without an attorney protecting your best interests, you risk being accused of fault unfairly and accepting a settlement that is less than you deserve.

Why Does Fault Matter in Pedestrian Accidents?

Personal injury and wrongful death claim processes usually begin by filing a liability insurance claim against the at-fault party’s policy. Fault has to be determined so you know whose insurance company you should file your claim with.

Without evidence establishing fault, you do not have any way to force the insurer to pay your claim. Further, any fault assigned to you automatically reduces the amount of damages you could receive. Ensuring that fault is appropriately assigned is one of your attorney’s most important jobs.

Speak to a Skilled Los Angeles, CA Pedestrian Accident Lawyer

If a pedestrian accident has harmed you or a family member, a dedicated Glendale, CA personal injury attorney from Tahmazian Law Firm, P.C. can help you hold the at-fault party accountable and collect the damages you deserve. Call 818-242-8201 now to discuss your case during a free case review or submit your consultation request online.