Pedestrian Accident Lawyer Los Angeles | Hakakian Law

What to do right after a pedestrian accident

1. Get out of danger. Move away from traffic if you can do so safely. If you may have hurt your neck or back, stay still unless you face an immediate danger.
2. Call 911. Ask for an ambulance and police. Tell the dispatcher where you are and that a car hit you.
3. Get medical care. Let emergency workers check you, even if you think you can walk away. Shock can hide pain, and some injuries may become clear later. Follow all care instructions and attend later visits.
4. Collect the driver’s information. Get the driver’s name, phone number, license plate, and insurance details. If the driver leaves, write down the car’s color, model, plate number, and direction of travel.
5. Save evidence if your injuries allow it. Take photos or video of the road, nearby signs, and the car. Photograph your injuries and damaged clothing. Ask witnesses for their names and phone numbers.
6. Give police a clear account. State what you saw and where you crossed. Do not guess about speed, distance, or fault. Ask how to get the police report.
7. Keep every accident record. Save medical bills, work notes, receipts, and messages from insurers. Write down your pain and how your injuries affect daily tasks.
8. Avoid quick insurance decisions. Do not give a recorded statement, sign papers, or accept money before you understand your injuries and rights. A pedestrian accident lawyer can review the crash and handle insurer calls for you.

Who is at fault in a Los Angeles pedestrian accident

Fault usually falls on the person whose unsafe act caused the crash. California law gives pedestrians the right-of-way in marked and unmarked crosswalks. Drivers must slow down or stop so a person can cross safely.

RIGHT-OF-WAY

Right-of-way tells drivers and pedestrians who should go first. A driver must let a pedestrian cross within a marked or unmarked crosswalk. A pedestrian cannot suddenly step into the path of a vehicle that is too close to stop safely.

A marked crosswalk has painted lines or other road markings. An unmarked crosswalk may follow the path between sidewalks at an intersection even when the road has no painted lines. Traffic lights and pedestrian signals still control when a person may cross.

Pedestrians crossing outside a crosswalk generally must yield to nearby vehicles. However, crossing outside a crosswalk does not free a driver from the duty to use care. A driver may still share fault for speeding, looking at a phone, driving drunk, or failing to avoid a person in the road.

Evidence helps show who broke a safety rule and caused the collision. A Los Angeles pedestrian accident lawyer may review traffic camera video, vehicle damage, witness accounts, phone records, and the crash report. More than one person can share fault when both the driver and pedestrian acted unsafely.

Common driver behaviors that cause pedestrian collisions

A driver may be at fault when unsafe conduct causes a pedestrian collision. Each type of conduct calls for different proof.

Distracted driving

A driver who looks at a phone may miss a person in the road or react too late. Phone records, camera footage, and witness statements can show whether the driver was texting, calling, or using an app before the crash.

Failure to yield

A driver may cause a crash by turning through a crosswalk or moving before a pedestrian safely clears the lane. Traffic camera footage and witness statements can show where the pedestrian was and whether the driver broke the right-of-way rules described above.

Speeding

Speed can leave a driver without enough time or space to stop. A pedestrian accident lawyer may use vehicle data, crash scene marks, or nearby video to estimate the car’s speed and stopping distance.

A driver may also travel too fast for rain, darkness, or heavy traffic even when driving below the posted limit. Photos and weather records can help show why the speed was unsafe.

Driving under the influence

Alcohol and drugs can slow a driver’s reactions and affect judgment. Police reports, test results, and body camera footage may show whether the driver was impaired.

A DUI arrest can support a claim, but an arrest alone does not prove every part of the case. The evidence must connect the driver’s impairment to the collision and the pedestrian’s injuries.

How California's fault rules affect a pedestrian's claim

California uses pure comparative negligence. Under this rule, each person receives a share of the fault. A pedestrian can still seek payment even when the pedestrian shares some blame for the crash.

Crossing outside a crosswalk does not automatically end your claim. California law may require you to yield to nearby cars when you cross outside a marked or unmarked crosswalk. An insurance company may argue that you crossed against a signal, stepped into traffic without warning, or failed to watch for cars. The driver may still share fault for speeding, looking at a phone, driving drunk, or failing to slow down.

Your share of fault reduces the money you can receive. Suppose your losses total $100,000, and you receive 25 percent of the fault. Your recovery would drop by 25 percent, leaving $75,000. Even a larger share of fault may reduce your payment rather than block the claim.

Photos, videos, witness statements, police reports, and vehicle records can help show what each person did before the crash. A Los Angeles pedestrian accident lawyer can review that proof and challenge an insurer that places too much blame on you.

What compensation can cover after being hit as a pedestrian

A pedestrian accident claim may pay for financial losses and the human cost of the harm. The amount depends on the facts, available insurance, and proof of each loss.

Economic damages

Economic damages cover losses that have a clear dollar amount. They may include:

• Emergency care, hospital stays, doctor visits, and medicine
• Physical therapy and future medical care
• Lost wages while you cannot work
• Reduced earning ability if you cannot return to the same job
• Damaged personal items, such as a phone or bicycle
• Travel and other costs tied to your medical care

Keep bills, pay records, receipts, and letters from your doctor. These records help show how much the crash cost you.

Non-economic damages

Non-economic damages cover losses that do not come with a bill. They may include physical pain, emotional suffering, fear, sleep problems, and loss of enjoyment of daily life. Your medical records and notes about how the injury affects you can help support these damages.

California’s fault rules can reduce your payment based on your share of fault. Jaywalking or crossing outside a crosswalk does not always block recovery. For example, if your total damages equal $100,000 and you are 20 percent at fault, you may recover $80,000.

Serious injuries and wrongful death in pedestrian accidents

A pedestrian has little protection when a car hits them. Serious injuries may require surgery, long hospital stays, and care that continues for years.

• Traumatic brain injury (TBI). A hard blow can harm the brain. A TBI may cause memory loss, headaches, mood changes, or trouble speaking and working.
• Spinal cord injury. Damage to the spine can cause lasting pain, weakness, or paralysis. Some people need help with daily tasks for life.
• Fractures. Broken bones may affect the legs, hips, arms, ribs, or face. Severe breaks can require surgery and months of therapy.

Major injuries can raise the value of a claim because they create long-term medical needs and may limit a person’s ability to work. A pedestrian accident lawyer can use medical records and expert opinions to estimate future care and lost income before an insurer pushes for a quick settlement.

A wrongful death claim applies when a pedestrian dies because of the collision. California law allows certain close family members, such as a spouse, domestic partner, or child, to file. Depending on the family, other relatives may also qualify.

A wrongful death claim may cover funeral and burial costs, lost financial support, and the loss of the person’s care and companionship. A lawyer can identify who may file and document how the death affected the family.

How Hakakian Law helps pedestrian accident victims

Shawn Hakakian gives each pedestrian accident claim personal attention. He treats clients like family, listens to their concerns, and keeps them informed as the case moves forward.

Hakakian Law gathers police reports, medical records, photos, videos, and witness statements. The firm deals with insurance companies, studies who caused the crash, and pushes back against unfair blame. If an insurer refuses fair payment, the firm can file a lawsuit and prepare the case for court. Acting soon may help preserve camera footage and witness details.

You can start without paying an upfront attorney fee. The consultation is free, and you pay no attorney fee unless Hakakian Law wins money for you.

Schedule a free consultation with Hakakian Law to discuss your pedestrian accident claim.

Frequently asked questions

Can I recover money if I was jaywalking?

Jaywalking means crossing outside a legal crosswalk or against a signal. As the fault section above explains, California law may reduce your payment based on your share of fault, but jaywalking does not always end your claim. Hakakian Law can review the facts and look for proof that the driver also acted carelessly.

How long do I have to file a pedestrian accident claim?

California usually gives you two years from the injury date to file a lawsuit. A claim against a city or other public agency may require action within six months, and some cases follow different deadlines. Hakakian Law can identify the deadline and file the needed papers on time.

What if the driver fled or had no insurance?

A hit-and-run happens when a driver leaves without stopping or sharing required information. Hakakian Law can review police records, video, witness accounts, and any uninsured motorist coverage that may apply. A quick review can help you find possible payment sources before evidence disappears.

Do I need a lawyer if the insurance company already offered money?

A settlement offer is a payment that usually requires you to give up any future claim. Hakakian Law can compare the offer with your medical bills, lost pay, future care, and other losses. A free review can help you avoid accepting less than your claim may be worth.



Disclaimer: This post is considered attorney advertising and is for informational purposes only. It does not create an attorney-client relationship. Past results do not guarantee future outcomes.