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Pedestrian Accident Claims in Los Angeles

Justin Khuu

Justin Khuu

Contributor, CaseCompass Editorial

Jason B. Javaheri, J.D.

Jason B. Javaheri, J.D.

Legal Reviewer · CA Bar 256173

March 1, 2026 · 8 min read

4.8 · 556 Google reviewsEn Espanol disponible

CaseCompass.ai is a free legal resource and matching service, not a law firm. Content is for informational purposes only and does not constitute legal advice.

Los Angeles is one of the most dangerous cities in the country for pedestrians, with over 200 pedestrian fatalities per year — ranking LA among the top 5 US metros for pedestrian deaths annually. The worst corridors include Figueroa Street, Western Avenue, Vermont Avenue, and major cross-streets along Wilshire and Venice Boulevards. California law provides strong protections for pedestrians, including a presumption of driver fault in crosswalk accidents.

Quick Answer

If you were hit by a car as a pedestrian in Los Angeles, call 911, document your injuries and the scene immediately, and seek emergency medical care before doing anything else. California Vehicle Code § 21950 requires drivers to yield to pedestrians in marked and unmarked crosswalks. Even if you were jaywalking or partially at fault, California's Pure Comparative Negligence law means you can still recover compensation proportional to the driver's fault. You have 2 years to file under CCP § 335.1.

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Why It Matters

California Vehicle Code § 21950(a) requires every driver to yield the right-of-way to pedestrians crossing within any marked or unmarked crosswalk. This is one of the strongest pedestrian protection laws in the country — and it applies at every intersection, whether or not a painted crosswalk is visible. Under California's Pure Comparative Negligence rule, even a pedestrian who was jaywalking, not using a crosswalk, or distracted by a phone can still recover damages proportional to the driver's fault. If a driver was 80% at fault for hitting a jaywalking pedestrian, that pedestrian recovers 80% of their damages. This makes California pedestrian claims uniquely recoverable — but only if you document everything correctly from the moment of impact.

Los Angeles had 231 pedestrian fatalities in 2022 — the most of any city in California and among the highest in the United States.

South LA, East Hollywood, and the Figueroa/Vermont corridor account for a disproportionate share of pedestrian fatalities due to high vehicle speeds and limited crosswalk infrastructure.

Source: California Office of Traffic Safety (ots.ca.gov)

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What To Do Next

  1. 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. 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. 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.

  4. 4

    Seek emergency medical care immediately, even if you feel you can walk. Pedestrian impact injuries frequently include internal injuries, traumatic brain injuries, and fractures that are not immediately visible or painful due to adrenaline.

  5. 5

    Contact a Los Angeles personal injury attorney before speaking with the driver's insurer. Pedestrian accident settlements involve significant damages — medical costs, lost wages, pain and suffering, and often long-term disability. Insurers minimize these claims aggressively when the victim is unrepresented.

How much is your case worth in California?

Statewide settlement data by injury type, verified by Jason B. Javaheri, J.D..

California Settlement Data →

Key Numbers

MetricValueSource
LA pedestrian fatalities per year231 (2022)California OTS (ots.ca.gov)
California statute of limitations — personal injury2 years from accident dateCCP § 335.1
Pedestrian crosswalk right-of-way ruleDriver must yield — all crosswalks, marked and unmarkedCalifornia Vehicle Code § 21950
Average ER visit cost — Los Angeles County$4,100HCUP (hcupnet.ahrq.gov)
California minimum liability coverage (as of Jan. 2025)$30,000/$60,000California Vehicle Code § 16056 (AB 1107)
Severe pedestrian injury multiplier4x–10x+ medical costsCaseCompass Settlement Data — CA Pedestrian

Common Mistakes to Avoid

  1. 1

    Assuming you cannot recover because you were jaywalking

    California's Pure Comparative Negligence law allows recovery even when the pedestrian was partially at fault. Your compensation is simply reduced by your percentage of fault.

  2. 2

    Leaving the scene without getting the driver's information

    even if you feel fine, you must document the driver's license, plate, and insurance information before they leave.

  3. 3

    Not photographing the absence of a crosswalk

    in unmarked crosswalk cases, photos proving you crossed at an intersection (where all crosswalks are legal under California law) are critical.

  4. 4

    Waiting more than 24 hours to seek medical care

    pedestrian impact injuries frequently worsen over 48 hours, and treatment gaps give insurers grounds to deny or reduce your claim.

  5. 5

    Accepting the at-fault driver's insurer's first offer

    pedestrian claims involve significant pain and suffering and often long-term disability. First offers rarely reflect the full value of serious pedestrian injuries.

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.

Sources & Citations

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