What Happens If A Pedestrian Caused An Accident In California?

When you witness a car accident involving a pedestrian, it’s quite easy to put the blame on the vehicle as they are what many people often call “death machines” on the road. It’s always a common assumption—however, there are still a lot of times when accidents happen because of the negligence of pedestrians.

That said, knowing the nuances of these situations especially in a state like California is important, where traffic laws and pedestrian rights are highly sought and emphasized.

Now, what happens if a pedestrian caused an accident?

When Is A Pedestrian At Fault For A Car Accident?

A pedestrian can be at fault for a car accident when:

• They’re jaywalking—crossing the street outside of designated crosswalks
• They cross against a traffic signal
• They enter the roadway unexpectedly
• They walk along highways where pedestrian access is prohibited
• Running carelessly in the street without minding other users on the road

In cases like these, the pedestrian’s actions directly contribute to the occurrence of the accident.

Where Do Most Fatal Accidents With Pedestrians Occur?

In 2022 alone, over 7,000 pedestrians were killed, and over 67,000 were injured nationwide because of road accidents, according to the National Highway Traffic Safety Administration (NHTSA).

 

Contrary to common assumptions, pedestrian accidents don’t often only occur at intersections—but in high-traffic urban areas and locations with heavy foot traffic. Accidents at the intersection mainly happen because drivers ignore the stoplight or stop signs, don’t use the proper signals, are drunk or drowsy driving, are speeding, or when they are driving distractedly.

 

Some accidents also happen in shared trails¸—like bike paths that are doubled as sidewalks. Cyclists may be going too fast, and pedestrians may be oblivious, which can heighten the chance of a collision. Parking zones are prone to these pedestrian accidents as well, especially when drivers are backing their cars up to get out of a parking spot and fail to notice a pedestrian’s presence.

 

In California, cities like Los Angeles, San Francisco, and San Diego often get a higher number of pedestrian accidents because of the dense population and extensive road networks.

What Damages Are Recoverable In A Pedestrian Accident Case?

In a pedestrian accident case, the damages you can recover are divided into two main categories: economic and non-economic damages.

Economic Damages are the tangible, quantifiable losses directly related to the accident. These include:

• The expenses incurred for emergency transportation to the hospital.
• Costs for medical treatment, including stays in the hospital.
• Fees for any surgical procedures required as a result of the accident.
• Expenses for physical therapy or rehabilitation necessary for recovery.
• The cost of medications prescribed for treatment.
• Wages lost due to the inability to work following the accident.
• Potential future earnings lost if the injuries result in a long-term disability.

Non-economic damages, on the other hand, are more subjective and cover the less tangible impacts of the accident. These include:

• Relief for the physical pain and discomfort you’ve endured from the accident.
• Support for the emotional toll, including anxiety, depression, or trauma.
• Recognition for how your injuries have strained your personal relationships.
• Reimbursement for how your quality of life has decreased and your inability to enjoy activities you once loved.
• Restitution for permanent scars or changes to your appearance because of the accident.
• Aid for any long-term or permanent physical limitations you’ve been left with due to the injuries.

To successfully claim these damages, you need to show that the defendant’s negligence caused your injuries. This means proving that the defendant had a responsibility to keep you safe, failed to do so, and that their failure directly led to your injuries and losses.

To back up your claim, you’ll need solid evidence like medical records, expert testimonies, and accident reports—so be sure to document everything you can.

How To Prove Fault In Pedestrian Accident Cases

Proving fault requires careful documentation and evidence collection so you know what happens if a pedestrian causes an accident. Here’s how you can build a strong case:

Seek Immediate Medical Care

No matter how minor your injuries might seem, see a doctor right away. Medical records are crucial as they link your injuries to the accident, providing essential evidence.

Document the Scene

If you’re able, take immediate action by capturing the accident scene. Snap photos of the area, traffic signals, and any visible injuries. Make sure to get contact details from witnesses who can describe what happened.

Get a Police Report

Call the police to ensure an official report is filed. This report usually contains key details like witness statements, the officer’s observations, and any citations issued, which can be vital for your case.

Gather Eyewitness Statements

Get statements from anyone who saw the accident. Eyewitnesses can provide important insights into the sequence of events, strengthening your claim.

Check for Surveillance Footage

Look for any nearby surveillance cameras that might have recorded the accident. Footage from businesses or traffic cameras can offer valuable visual evidence of what happened.

What Is The Average Payout For A Pedestrian Hit By A Car In California?

Compensation for a pedestrian hit by a car in California varies widely, ranging from $10,000 to millions of dollars, depending on the severity of the injuries. Do remember, though, that each case is unique, and there will be several factors that will influence the final payout, such as:

• The extent of damages. This covers medical bills, lost income, and pain and suffering—more severe injuries generally lead to higher compensation.
• Proof of losses. Keeping detailed records of your injuries and following your doctor’s advice can strengthen your case. This is why it’s important to get immediate medical attention so you will have papers for the injuries you directly got from the accident.
• Strength of your claim. The amount and quality of evidence you have, like medical records, witness statements, and police reports, play a big role in determining how much you might receive.
• Evidence of fault. You need to gather solid evidence that proves the driver’s negligence.

Conclusion

Dealing with the aftermath of a pedestrian accident can be overwhelming, especially when you’re trying to figure out who’s at fault and how to seek compensation. Having legal guidance can make a world of difference—whether you’re managing serious injuries, learning about traffic laws, or collecting evidence to prove fault.

At Stipp Law Firm, we understand how confusing it is to learn what happens if a pedestrian causes an accident. Our dedicated attorneys are here to support you every step of the way. We’re committed to protecting your rights and ensuring you get the compensation you deserve. If you’re unsure about what to do next, reach out to us for a consultation.