Who Is Liable When a Car Hits a Pedestrian?

Who is liable when a car hits a pedestrian depends on the specific details of the accident. Drivers are often at fault if they were speeding, distracted, or failed to yield to a pedestrian in a crosswalk. Pedestrians may also share liability if they cross outside designated areas, ignore traffic signals, or act unpredictably. 

In some cases, third parties, like property owners or government entities, may also be held accountable if unsafe road conditions or poorly maintained signage contributed to the collision. Determining responsibility requires a careful review of factors like traffic laws, road conditions, and witness statements.

A pedestrian accident lawyer in Los Angeles can assess liability and help you file an insurance claim or a personal injury lawsuit. 

Factors That Determine Liability When a Car Hits a Pedestrian

Liability in a pedestrian accident depends on several factors, as each case is unique. Los Angeles personal injury lawyers often begin investigating the driver’s behavior at the time of the accident. 

Typical forms of driver negligence, such as speeding, driving under the influence, or otherwise violating traffic laws, increase the likelihood of them being held responsible for a pedestrian’s injuries.

A Pedestrian’s Actions May Make Them Liable

Sometimes, a pedestrian’s actions cause or contribute to an accident. If the pedestrian was crossing in a marked crosswalk or had the right of way, the driver is typically at fault. If the pedestrian was jaywalking, though, they may share responsibility for the accident. 

Crossing against a traffic signal or stepping into traffic outside of designated areas are other forms of pedestrian negligence that can potentially make them liable. 

Road Hazards or Defective Crosswalk Signals

Road hazards or defective crosswalk signals may also contribute to pedestrian accidents. For example, malfunctioning or missing crosswalk signals can create confusion and lead to collisions. 

In these cases, a government agency may share liability for failing to maintain safe roadways or traffic control devices. California’s Government Claims Act generally requires a written claim within six months, with short litigation deadlines after rejection.

Shared Fault in Pedestrian Accidents

In California, liability in pedestrian accidents can be shared between the driver and the pedestrian or even a third party under the state’s pure comparative negligence laws. Whichever parties are found to have contributed to the accident will each be assigned a percentage of fault.

Comparative negligence allows injured pedestrians to recover compensation even if they bear partial responsibility. For example, if a pedestrian was crossing outside a marked crosswalk but the driver was speeding, both may share responsibility for the collision. 

If the pedestrian is determined to be 20% at fault and their total damages amount to $100,000, their compensation would be reduced by 20%, leaving them with $80,000.

What If the Driver Fled the Scene After Hitting a Pedestrian?

When a driver flees the scene after hitting a pedestrian, it is considered a hit-and-run accident, which is a serious offense under California law. In these cases, the injured pedestrian may still have options for pursuing compensation. 

If law enforcement cannot identify the at-fault driver, the pedestrian may still recover damages through their own uninsured motorist (UM) coverage, if available. UM coverage can provide compensation for medical bills, lost income, and other damages caused by the hit-and-run driver. 

California does not require drivers to carry UM coverage, and it must be specifically included in their auto insurance policy to use it. If you opted out of UM coverage at the time of purchase, you cannot add it retroactively to cover a hit-and-run accident. 

When Should You File a Pedestrian Accident Lawsuit Against a Liable Party?

Starting your legal case promptly helps ensure compliance with the statute of limitations. California law gives injured pedestrians a limited amount of time to file a personal injury lawsuit. 

Under California Code of Civil Procedure § 335.1, you generally have only two years to take legal action against the driver who hit you or another liable party. You may lose your right to seek compensation if you try to file a lawsuit outside of the statutory window. 

Acting early also gives a lawyer time to investigate the circumstances thoroughly and identify all liable parties to pursue fair financial recovery. 

What to Do After Being Hit by a Car

Prioritize your health after suffering injuries in a pedestrian accident. Seek medical attention immediately, even if your injuries seem minor, as some symptoms may not appear right away. Be sure to document your injuries by keeping medical records and following through with any prescribed treatments.

Report the accident to the police as soon as possible, even if the police were not present at the accident scene. You can file a police report online or call your local department. 

Consult with a pedestrian accident lawyer to understand your options and determine the best course of action for pursuing compensation. A lawyer can guide you through the process and handle communication with insurance companies or other parties involved.

Our Pedestrian Accident Lawyers Can Help if You Were Hit by a Car

When a car hits a pedestrian, you may assume the driver to be liable, but other third parties can share responsibility. The pedestrian may also be partially accountable in some instances, as well. Understanding who is liable when a car hits a pedestrian requires careful examination of the circumstances.

At Vaziri Law, LLP, our team has over 200 years of combined experience helping injured pedestrians. Our attorneys can handle your claim, seeking compensation from the liable parties. Contact us today for a free consultation.