Orange County Pedestrian Accident Lawyer

About one in five pedestrian deaths happens at an intersection. In 2023, 17% of pedestrians killed nationwide were struck at intersections, and in California the share was even higher, at 22%. These crashes often happen when a driver turning left or right fails to yield to someone crossing in the crosswalk, or when a driver runs a red light or rolls through a stop sign.

Accidents caused by a failure to yield happen when a driver does not give a pedestrian their legal right of way. Generally speaking, pedestrians have the right of way, this can be true regardless of whether there is a marked crosswalk.

When drivers back out of driveways, parking spaces, or in other scenarios that require them to reverse, they do not have a full view of their surroundings and are more likely to strike a pedestrian.

Most pedestrian deaths happen away from intersections, often when someone crosses mid-block. Drivers may not expect a person to step into the road there, and the pedestrian may misjudge how fast traffic is moving. Even so, drivers still have a legal duty to watch for pedestrians and to take reasonable care to avoid hitting them, wherever they are crossing.

Under California’s Freedom to Walk Act, crossing outside a crosswalk is generally not illegal unless it creates an immediate danger of a collision, so a pedestrian who was hit while crossing mid-block may still have a strong injury claim.

It is not uncommon for a pedestrian to be struck just because they were near the roadway. A driver who is careless or distracted can swerve onto the sidewalk or shoulder and an innocent pedestrian becomes a victim due to nothing more than their proximity to a negligent driver.

A lot of homes and apartment buildings have their mailboxes next to the road. Although this eases the burden on the postal carrier, it also means that, in order to check their mail, pedestrians must stand on or at the very edge of the street, putting them in danger of being struck by a car.

School bus stops are especially dangerous for children and the parents walking them. Families count on drivers to obey the law and stop when a school bus’s red lights are flashing and its stop arm is out. Too many drivers ignore those warnings and pass the stopped bus anyway, sometimes just as a child is stepping into the street.

In California, drivers in both directions must stop for a school bus with flashing red lights and remain stopped until the lights turn off (California Vehicle Code § 22454). The only exception is a divided highway or multilane road separated by a barrier.

Residential streets often bring sudden, unexpected movement. Children may dart into the road after a ball or a pet, and parked delivery trucks and service vans can block a driver’s view of someone about to cross. Drivers who speed through neighborhoods or don’t watch for these hazards may not have time to stop, and a pedestrian can be seriously injured as a result.

The driver of the vehicle that hit the pedestrian and the owner of that vehicle can be liable.

If the driver was working when the accident happened, such as making deliveries, driving a company truck, or running a work errand, their employer may be legally responsible for the pedestrian’s injuries. In California, employers are generally liable for accidents their employees cause while on the job. An employer may also be directly at fault for hiring an unsafe driver, failing to train them properly, or letting them drive despite knowing about drinking, drug use, or a poor driving record.

A poorly designed or badly maintained road can be dangerous for pedestrians and drivers alike. The city, county, or state agency responsible for a road, and in some cases the engineers who designed it, may be held liable when unsafe conditions contribute to an accident. Examples include crosswalks placed where drivers can’t see them in time, missing or broken traffic signals, faded crosswalk markings, signs that were never installed or replaced, and inadequate street lighting.

Claims against a government agency in California generally must be filed within six months of the accident, so it’s important to act quickly.

When a pedestrian is hit in a parking lot, the owner or manager of the property may share responsibility if the lot wasn’t kept reasonably safe. Common problems include poor or broken lighting, missing stop signs or speed bumps, faded crosswalks and lane markings, confusing traffic flow, and landscaping or signs that block drivers’ view of people walking. The driver who hit the pedestrian is usually still responsible as well, so a parking lot accident can involve more than one source of compensation.

Section 1714 of the California Civil Code states that a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death. A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.

Mechanical failures can cause pedestrian accidents. Faulty brakes, sudden acceleration, steering problems, or a defective part can leave a driver unable to stop. When a defect is to blame, the manufacturer of the vehicle or part may be held responsible for the pedestrian’s injuries. In some cases, a repair shop that did faulty work, or a vehicle owner who ignored a known problem or a recall, may also share responsibility.