When most people think of pedestrian accidents, they imagine a careless or distracted driver plowing into an innocent pedestrian. In many cases, that’s precisely what happens. Pedestrians are some of the most vulnerable people on California’s roads, and when a car collides with a human body, the injuries are often catastrophic.
But there’s another side of the story that often goes overlooked: sometimes, pedestrians can be held partially or even fully at fault. And when insurance companies get involved, they are quick to use this fact to reduce or deny claims for injuries.
So, can pedestrians ever truly be at fault for an accident in California? The short answer is yes. But the longer answer is complex, shaped by state laws, comparative negligence rules, and the realities of how insurance companies handle pedestrian accident claims.
This blog breaks it all down, covering pedestrian liability, common defense tactics, real-world examples, and what you should do if you or a loved one has been injured in a pedestrian accident in Los Angeles or anywhere in Southern California.
California Law and Pedestrian Rights
California has some of the most pedestrian-friendly laws in the nation. The California Vehicle Code makes it clear:
- Drivers must yield to pedestrians in crosswalks, whether they are marked or unmarked.
- Drivers must exercise due care at all times to avoid hitting a pedestrian, regardless of the circumstances.
- Speed limits exist to protect pedestrians, not just other drivers.
However, pedestrians also have responsibilities. The law requires that pedestrians:
- Not suddenly step off the curb into the path of a vehicle that is too close to stop.
- Obey pedestrian control signals such as “walk” and “don’t walk” lights.
- Use crosswalks when available, especially in urban areas.
The balance is precise: drivers must always be vigilant, but pedestrians must also act reasonably.
How a Pedestrian Might Be at Fault
It may seem unusual, but pedestrians can indeed contribute to accidents. Some common scenarios include:
1. Jaywalking – Crossing outside of a designated crosswalk is one of the most common ways pedestrians end up being blamed for accidents.
2. Crossing Against the Light – When a pedestrian ignores a “Don’t Walk” signal and steps into traffic, fault can shift in their direction.
3. Distraction – Pedestrians glued to their phones, wearing headphones, or otherwise distracted may walk into traffic without looking.
4. Intoxication – Alcohol doesn’t just impair drivers. Intoxicated pedestrians may stumble into traffic, creating serious hazards.
5. Walking on Freeways or Restricted Areas – In California, pedestrians are prohibited from walking on most freeways. If they do, liability is heavily against them.
Still, drivers are rarely excused entirely. If a driver was speeding, texting, or otherwise negligent, they may share liability even if the pedestrian made a mistake.
Comparative Fault in California
California follows the pure comparative negligence system. This means:
- Even if a pedestrian is partly to blame, they can still recover damages.
- Their percentage of fault reduces their compensation.
Example: A pedestrian jaywalks and is hit by a speeding driver. The court decides the pedestrian is 40% at fault and the driver is 60% at fault. If damages are valued at $200,000, the pedestrian would still recover $120,000.
This system ensures that fault is shared fairly, but it also gives insurance companies room to argue that pedestrians hold most of the blame.
Insurance Company Tactics in Pedestrian Claims
Insurance companies have one goal: to save money. When a pedestrian accident occurs, insurers often attempt to minimize payouts using aggressive strategies, including:
1. Shifting Blame – Claiming the pedestrian “came out of nowhere” or “wasn’t paying attention.”
2. Using Recorded Statements – An offhand comment like “I wasn’t looking” can be twisted into an admission of fault.
3. Surveillance and Social Media Monitoring – If you post a photo smiling at a barbecue, insurers may argue your injuries aren’t severe.
4. Lowball Offers – Insurers may offer quick, small settlements to vulnerable victims, hoping they’ll accept before realizing the full cost of medical care.
This is where an experienced Los Angeles pedestrian accident attorney becomes critical. Lawyers know these tactics and fight back with evidence, medical records, and accident reconstruction experts.
Real-Life Case Studies
Case 1: Jaywalking Teenager A 17-year-old darted across a busy Los Angeles street outside of a crosswalk at night. A driver, distracted by texting, struck the teen. The insurance company tried to argue the teen was 100% at fault. However, accident reconstruction revealed the driver had time to react. The pedestrian was found to be 30% at fault, yet still recovered significant damages.
Case 2: Intoxicated Pedestrian An intoxicated man stumbled into an intersection against the light and was hit by a car. The court ruled the pedestrian was 80% at fault. Because California allows recovery even at 99% fault, he still recovered 20% of damages, which covered part of his medical bills.
Case 3: Distracted Driver vs. Distracted Pedestrian A pedestrian listening to headphones crossed at a crosswalk just as a driver ran a red light while fiddling with a GPS. Both were negligent. The pedestrian was found to be 20% at fault, but because the driver’s actions were more egregious, the pedestrian recovered the majority of the damages.
These examples highlight that fault is rarely absolute; it often comes down to the details and the ability of lawyers to present evidence persuasively.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in devastating injuries, even at low vehicle speeds. Some common injuries include:
- Traumatic Brain Injuries (TBI) - Spinal Cord Injuries
- Fractures and Broken Bones - Internal Organ Damage
- Wrongful Death
Because these injuries are costly and life-changing, insurance companies often fight extra hard to reduce payouts.
Historical Trends and Statistics
To understand why pedestrian accidents remain such a significant issue in Los Angeles and across California, let’s look at some numbers:
- The Governors Highway Safety Association (GHSA) has consistently reported California among the top states for pedestrian fatalities.
- In 2022 alone, over 1,100 pedestrians were killed in California, the highest in the nation.
- Los Angeles County accounted for a significant portion of those fatalities due to its dense population and heavy traffic.
- Nationwide, pedestrian deaths have risen by over 60% in the last decade.
These statistics demonstrate that pedestrian safety remains a public crisis, and disputes over fault will likely increase as more people walk, bike, or use public transportation in urban areas.
Environmental and Road Factors in Pedestrian Accidents
Beyond human behavior, external conditions can play a big role in determining fault:
- Poor Lighting: Accidents are more common at night when visibility is low.
- Weather Conditions: Rain or fog can reduce both driver and pedestrian awareness.
- Road Design: Wide streets without crosswalks encourage jaywalking.
- Speed Limits: Areas with higher posted speeds increase accident severity.
Attorneys often highlight these factors to show that responsibility may lie not only with the pedestrian or driver but also with city planning or unsafe road conditions.
The Role of Expert Witnesses
In complex pedestrian accident cases, expert witnesses are critical. Common experts include:
- Accident Reconstruction Specialists – They recreate the crash using physics and data.
- Medical Experts – They explain the severity and long-term effects of injuries.
- Human Factors Experts – They analyze how distraction, lighting, and perception influenced the accident.
These experts can make or break a case, especially when insurance companies try to blame the pedestrian.
Practical Safety Tips for Pedestrians and Drivers
While legal remedies are crucial, prevention saves lives. Here are some tips for pedestrians:
- Always use crosswalks when available.
- Make eye contact with drivers before crossing.
- Avoid distractions like texting or headphones near traffic.
- Wear bright or reflective clothing at night.
For Drivers:
- Slow down in pedestrian-heavy areas.
- Never drive distracted or impaired.
- Yield at crosswalks and intersections.
- Be especially cautious in school zones and residential areas.
What to Do After a Pedestrian Accident
If you or someone you love is injured in a pedestrian accident, taking the proper steps can protect your health and your legal claim.
- Get Medical Attention Immediately
- Call the Police
- Gather Evidence
- Avoid Giving Recorded Statements to Insurance Adjusters
- Call an Attorney Before Accepting Any Settlement
How Arshakyan Law Firm Helps Pedestrian Accident Victims
At Arshakyan Law Firm, we’ve represented countless injured pedestrians and their families across Los Angeles, the San Fernando Valley, Ventura County, Orange County, and throughout Southern California.
Here’s how we fight for you:
- Thorough Investigation
- Medical Support
- Aggressive Negotiation
- Trial Readiness
- Compassionate Advocacy
Our attorneys, Tina Arshakyan and Arto Baghdaian, are known for treating clients like family and fighting fiercely for justice.
The Bigger Picture: Pedestrian Safety in Southern California
Los Angeles is one of the busiest and most dangerous cities in America for pedestrians. High traffic volume, distracted driving, and poor infrastructure contribute to thousands of injuries each year.
According to the California Office of Traffic Safety:
- Nearly 7,500 pedestrians were injured or killed in California in a single year.
- Los Angeles consistently ranks as one of the deadliest cities for pedestrian accidents.
- Alcohol involvement is a factor in nearly half of fatal pedestrian accidents.
Key Takeaways
- Pedestrians can be held partially at fault, but California law still allows recovery of damages.
- Insurance companies often exploit pedestrian mistakes to reduce payouts.
- Comparative negligence means even a pedestrian found mostly at fault may still recover compensation.
- Hiring a Los Angeles pedestrian accident attorney ensures your rights are protected.
Final Thoughts
Pedestrian accidents are devastating, but understanding the law can make the difference between being taken advantage of and securing the justice you deserve. Even if a pedestrian shares some fault, they are not powerless.
At Arshakyan Law Firm, we know how to take on insurance companies, prove negligence, and maximize our clients' recoveries. If you or a loved one has been injured in a pedestrian accident anywhere in Los Angeles or Southern California, don’t face the fight alone.
Call us today for a free and confidential consultation at (818) 650-9985. We are in your corner!