Pedestrian Accident Lawyer in Los Angeles

Who is liable for a pedestrian accident in California?

Vehicle Code section 21950 requires a driver to yield to a pedestrian crossing within any marked crosswalk or within an unmarked crosswalk at an intersection. That second half is the part almost nobody knows: in California an unmarked crosswalk exists at most intersections whether or not lines were painted, so you were crossing legally on most corners of Los Angeles even with no stripes on the road.

The statute cuts both ways. A pedestrian may not suddenly leave the curb into the path of a vehicle close enough to be an immediate hazard, and drivers often argue that happened. But the same section says a driver’s right of way does not relieve them of the duty to exercise due care. Possible responsible parties include:

• The driver who failed to yield, speeding, or was distracted or turning without looking.
• An employer, when the driver was working, such as delivery vans and commercial vehicles.
• Uber or Lyft, through layered coverage that depends on whether the app was off, waiting or carrying a passenger.
• A public agency, for a missing signal, an obscured sightline, broken pavement or an unlit crossing, under Government Code section 835. These claims carry the six month deadline.
• A manufacturer, when a defective vehicle part caused or worsened the impact.

Since January 2023, under the Freedom to Walk Act, crossing outside a crosswalk is no longer a citable offense in California unless there is an immediate danger of a collision. Many drivers and adjusters still talk as if it were illegal. Crossing mid-block can still lead to a share of fault under comparative fault, but that share reduces compensation and does not eliminate it, and the burden stays on the driver who did not see a person in plain view.

What insurance pays after a pedestrian accident?

California’s minimum liability limits are $30,000 per person and $60,000 per accident, which is far below what a serious pedestrian injury costs. The value of a claim depends on finding the other layers:

• The driver’s liability policy, and any umbrella policy above it.
• Your own uninsured and underinsured motorist coverage. In a hit and run where the driver is never identified, the claim usually runs against this coverage on your own auto policy, and many people do not realize it reaches them as a pedestrian.
• Medical payments coverage, which can pay early bills regardless of fault.
• Employer and commercial policies, when the driver was working.
• Health insurance, which pays treatment as it happens and may later claim reimbursement from a settlement.

What compensation can you recover after a pedestrian accident?

• Medical expenses, past and future, including surgery, therapy and long term care.
• Lost earnings and loss of future earning capacity.
• Pain, suffering and emotional distress, and the loss of enjoyment of life.
• Punitive damages under Civil Code section 3294 where the driver acted with malice, such as in a drunk driving crash.
• Wrongful death damages for the family under Code of Civil Procedure section 377.60 when a collision is fatal.

A case’s value cannot be known before the medical picture is clear. Pedestrian cases in Los Angeles are rarely minor, because wide arterial roads, long distances between signalized crossings and heavy turning traffic produce severe injuries.

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

• Two years from the date of injury to file an injury lawsuit, under Code of Civil Procedure section 335.1.
• Three years for property damage only, under Code of Civil Procedure section 338.
• Six months to present a written claim if a public entity is involved, under Government Code section 911.2. This shorter deadline governs.

Under Los Angeles Superior Court Local Rule 2.3(a)(1)(A), an unlimited civil injury or wrongful death action is filed in the judicial district where the incident arose, so a collision in the county is not filed downtown by default. The Court’s filing locator identifies the courthouse.

How much does a pedestrian accident lawyer cost in Los Angeles?

No fee unless there is a recovery. Broukhim Legal PC takes pedestrian accident cases on a contingency fee, so there is nothing to pay up front and the fee is paid out of what is recovered. If nothing is recovered, no fee is owed. The fee agreement is put in writing and signed before any work starts, as California law requires, and it also explains how the costs of running the case are handled. Your first conversation is free, confidential and carries no obligation.

Pedestrian accident lawyers across Los Angeles County

Broukhim Legal PC represents people hit while walking throughout Los Angeles County from its office at 550 S Hill Street in downtown Los Angeles. Each city page covers the local police or Sheriff report, the courthouse that hears the case and how a claim against that city is presented:

See all locations we serve, or tell us about the collision for a free case review.

Meet your Los Angeles pedestrian accident lawyer

Bejan Broukhim, Founder and Lead Attorney
State Bar of California, license number 183036

Bejan Broukhim brings years of California legal experience to injury and mass tort cases and personally reviews each one. He earned his J.D. at the University of West Los Angeles School of Law, served as a judicial extern in the U.S. Bankruptcy Court and the Van Nuys Superior Court, and appeared in preliminary hearings as a certified law clerk with the Los Angeles County District Attorney’s Office. Every case is prepared from day one as though it will go to trial.

Office: 550 S Hill Street, Suite 1390, Los Angeles, CA 90013, serving all of Los Angeles County and California. Get directions