Pedestrian Accident Claims in Los Angeles (Attorney Article)

Q: Does a driver have to yield to pedestrians in all crosswalks in California?

Yes. [California Vehicle Code § 21950](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH) a) requires drivers to yield to pedestrians at every marked crosswalk and every unmarked crosswalk at an intersection. An unmarked crosswalk is the extension of a sidewalk across any intersection, whether or not painted lines are visible. Failure to yield is a moving violation that establishes fault in a personal injury claim.

Q: How long do I have to file a pedestrian accident claim in California?

2 years from the accident date under [CCP § 335.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1.&lawCode=CCP). If the driver was a government employee in a city or county vehicle, you may have as little as 6 months to file a government tort claim under California Government Code § 911.2. Contact an attorney immediately if a government vehicle was involved.

Original source: Our Legal Team — Los Angeles Pedestrian Accident Lawyers

💡 Quick Answer

If you were hit by a car in Los Angeles, California law requires every driver to yield to pedestrians at all crosswalks — marked and unmarked — under CVC § 21950.

Jaywalking does not bar recovery: California's pure comparative negligence rule lets you recover even if you were partially at fault
Government vehicles: Claims against a city or county vehicle must be filed within 6 months under California Government Code § 911.2
Standard deadline: 2 years under CCP § 335.1
Document everything: Photos, witness names, and intersection camera footage expire within 48–72 hours

Los Angeles recorded 170 pedestrian fatalities in 2024, according to LAPD Traffic Division data. Pedestrian cases often involve disputed fault — your percentage of fault directly reduces your damages.

Consult an attorney before making any statement about how the crash occurred.

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What Determines Your Settlement Value — 6 key factors: medical bills, pain and suffering, lost income, fault percentage, policy limits, and attorney representation in California personal injury claims. — California Settlement Value Factors · Reviewed by Yosi Yahoudai, J.D., CA Bar #250679 · CaseCompass.ai

Key Takeaways

1.Call 911 from the scene. Do not let the driver leave without a police report. Pedestrian accident scenes are frequently disputed — the driver's account and yours will differ, and the police report is the primary neutral record.
2.Photograph everything: your injuries, your position in the roadway, the vehicle, the driver's license plate, crosswalk markings (or lack of them), traffic signals, and any surveillance cameras on nearby buildings or traffic poles.
3.Get witness contact information immediately — bystanders disperse quickly after pedestrian accidents. A single witness who saw the driver's behavior (speeding, running a red light, using a phone) can be the difference between a disputed claim and a clear liability case.

1. The Fault Inflation Play Insurers Run on Pedestrian Cases

A car-on-pedestrian collision looks straightforward: driver hits walker, driver is at fault. In our experience handling pedestrian cases across Los Angeles, the reality is more complex. Insurers routinely assign 30% to 50% comparative fault to the pedestrian — citing jaywalking, phone use, dark clothing, or 'unexpected' crossing behavior — specifically to reduce the payout under California's Pure Comparative Negligence rule. We call this the Fault Inflation Play, and we counter it with intersection camera footage, traffic signal timing data from LADOT, and CHP officer notes. The most important thing we tell every new pedestrian client: the insurer's fault percentage is not a legal determination. It is an opening offer. Everything is negotiable with the right evidence.

2. Jaywalking Does Not Bar Recovery in California

The best-kept secret in California pedestrian law is that jaywalking does not eliminate your right to recover. Under the Pure Comparative Negligence standard established in Li v. Yellow Cab Co. (1975), your compensation is reduced — not eliminated — by your percentage of fault. We have recovered full policy limits for jaywalking pedestrians once we established the driver was speeding, distracted, or failed to yield under Vehicle Code § 21950. The critical myth insurance companies promote: 'you were crossing illegally, so you have no case.' We challenge that with speed data from the vehicle's event data recorder (EDR) and dashcam footage showing driver behavior in the seconds before impact.

3. The Evidence That Converts a Disputed Case to Clear Liability

In our experience, the difference between a $25,000 pedestrian settlement and a $250,000 one comes down to one category of evidence: intersection control data. LADOT maintains signal timing records showing exactly which direction had the green at the moment of impact. If the driver had a green but was turning without yielding, that is a Vehicle Code § 21950 violation regardless of where the pedestrian was crossing. We have used these records to convert cases the insurer called 'disputed liability' into clear liability. The evidence most clients forget to request: any traffic citation the driver received at the scene. A CHP or LAPD citation for failure to yield is an admission of fault that dramatically shifts the settlement calculus.

4. The 48-Hour Evidence Window After a Pedestrian Crash

The 48-hour window after a pedestrian accident is the most evidence-rich and most fragile period in your case. We immediately issue three preservation demands: to LADOT for signal timing data, to private businesses within 500 feet for security footage, and to the driver's insurer for the vehicle's EDR data before the car is repaired. Most clients do not know the driver's vehicle contains an Event Data Recorder that captured speed, braking, and steering inputs in the seconds before impact. Once the vehicle is repaired or sold, that data may be permanently lost. We also walk every serious pedestrian intersection personally — looking for obstructed sightlines, missing crosswalk paint, or malfunctioning signals that could make the City of Los Angeles a co-defendant.

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Frequently Asked Questions

Can I recover compensation if I was jaywalking when I was hit?

Yes. California's Pure Comparative Negligence law allows you to recover compensation regardless of your share of fault. If you were 30% at fault for jaywalking and the driver was 70% at fault for speeding, you recover 70% of your total damages. Your attorney presents evidence to minimize your assigned fault percentage during settlement negotiations.

Does a driver have to yield to pedestrians in all crosswalks in California?

Yes. California Vehicle Code § 21950 a) requires drivers to yield to pedestrians at every marked crosswalk and every unmarked crosswalk at an intersection. An unmarked crosswalk is the extension of a sidewalk across any intersection, whether or not painted lines are visible. Failure to yield is a moving violation that establishes fault in a personal injury claim.

What is an unmarked crosswalk and does it protect pedestrians in California?

An unmarked crosswalk exists at every intersection where sidewalks meet — even if no paint is visible on the road. California Vehicle Code § 275 defines crosswalks to include these unmarked extensions. Pedestrians crossing within an unmarked crosswalk at an intersection have the same right-of-way protections as those in a painted crosswalk.

What if the driver claims they did not see me?

Failing to see a pedestrian does not eliminate a driver's legal duty to yield. California law imposes a duty of reasonable care on all drivers, including maintaining appropriate speed and attention in pedestrian-heavy areas. Surveillance camera footage, traffic signal timing data, and witness accounts often contradict drivers' claims that they did not see the pedestrian.

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

2 years from the accident date under CCP § 335.1. If the driver was a government employee in a city or county vehicle, you may have as little as 6 months to file a government tort claim under California Government Code § 911.2. Contact an attorney immediately if a government vehicle was involved.

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