Determining pedestrian accident fault in Los Angeles
You’re crossing the street in LA — maybe near Melrose or Wilshire — when a car turns too fast and slams into you. Next thing you know, you’re in the hospital, and the driver’s insurance company is pointing the finger at you.
Sound familiar?
If you were hit while walking in Los Angeles, don’t assume the crash was automatically your fault.
But figuring out who’s at fault in a pedestrian accident isn’t always as simple as “the driver hit me.”
Whether you were in a designated crosswalk, jaywalking, or just walking through a parking lot, fault can get complicated—and insurance companies will try to use that against you.
Here’s what you need to know about how fault is determined in pedestrian accident cases.
Do Drivers Always Have to Yield to Pedestrians?
In many situations, yes. California law requires drivers to yield the right-of-way to pedestrians in marked crosswalks and at intersections, whether the crosswalk is painted or not.
But that doesn’t mean the pedestrian is always in the clear.
For example, if a pedestrian suddenly steps off the curb and into traffic without giving the driver time to react, they may be found partially at fault.
Or if someone crosses the street mid-block, outside a crosswalk, a driver may argue they weren’t expecting anyone to be there.
Even then, it doesn’t mean you have no case.
Drivers have a legal duty to slow down, stay alert, and watch for people on foot. When they fail to do that, especially in busy areas like downtown LA, near schools, or at crowded intersections, they can be held responsible if someone gets hurt.
What the Law Says:
According to California Vehicle Code 21950, both drivers and pedestrians have a legal duty to use reasonable care.
Example: If a pedestrian darts into the road outside a crosswalk at night while wearing dark clothing, they could be found partially at fault.
Drivers must yield to pedestrians in these scenarios:
- Marked crosswalks at intersections
- Unmarked crosswalks at intersections
- Anywhere pedestrians are lawfully crossing
Pedestrians have responsibilities too:
- Use crosswalks when available
- Follow traffic signals
- Avoid creating sudden hazards
- Yield to vehicles when crossing outside crosswalks
California’s Freedom to Walk Act changed jaywalking enforcement in 2023. Police can no longer cite pedestrians for simple jaywalking unless they create an immediate safety hazard.
However, this doesn’t eliminate pedestrian responsibility in accidents. The law still requires pedestrians to exercise reasonable care for their safety.
Insurance companies love to blur the lines. They might argue that you stepped out “too suddenly” or were “not visible enough,” even if you had the legal right-of-way. That’s why documenting what happened is so important and why working with a lawyer early can make a difference.
Can I Still Get Compensation If I Was at Fault Too?
Yes, even if you were partly at fault for the accident, you may still be entitled to compensation under California’s comparative negligence law.
Whether the accident happened in Los Angeles, or anywhere in California, fault can be split between you and the driver. If you were jaywalking, distracted, or crossed against a signal, you might be assigned a percentage of fault but that doesn’t bar you from recovery.
How it works:
- Each party receives a fault percentage
- Compensation reduces by the pedestrian’s fault percentage
- Pedestrians can still recover damages at any fault level
For example: You cross mid-block without a crosswalk, and a speeding driver hits you while texting. You’re found 30% at fault. The driver is 70% at fault.
If your damages total $100,000, you can still recover $70,000.
This system makes it possible for pedestrians to still get compensated, even if they didn’t follow every rule perfectly.
The key?
- Proving the driver’s actions were more dangerous or careless , and
- Making sure your side of the story gets told clearly
Who’s at Fault in These Common Los Angeles Pedestrian Accidents?
Fault depends on the situation and in pedestrian accidents, even small details can change who’s held responsible. Let’s break down a few common pedestrian accident scenarios in LA and how fault is usually determined:
Marked Crosswalk Accidents: Who Has the Right of Way?
If a pedestrian is in a marked crosswalk and walking with the light, the driver is almost always at fault. But if the pedestrian darts out suddenly or crosses when the light says “Don’t Walk,” fault may be shared.
- Drivers typically bear primary responsibility
- Pedestrians must still follow signals
- Driver liability increases significantly in crosswalks
Key factors affecting fault:
- Traffic signal compliance
- Pedestrian visibility
- Driver attention and speed
- Weather and lighting conditions
Jaywalking Accidents: Do You Still Have a Case?
Crossing outside a crosswalk isn’t illegal in all situations, but it can increase your share of fault if an accident happens. That said, drivers still have a duty to avoid hitting people in the roadway, even if they’re not in a crosswalk.
Fault determination factors:
- Location of crossing
- Available crosswalk proximity
- Traffic conditions
- Driver awareness and reaction
Pedestrian responsibilities when jaywalking:
- Yield right-of-way to vehicles
- Choose safe crossing locations
- Ensure adequate visibility
- Avoid creating immediate hazards
Parking Lot Accidents
Parking lots may not seem dangerous, but they’re a common setting for pedestrian accidents. These accidents happen usually when drivers are backing out or turning through tight spaces.
Unlike public roads, most parking lots are private property, which means not all California traffic laws apply. For example, the rules about crosswalks and right-of-way may not be enforced the same way. But that doesn’t mean there’s no legal responsibility.
In these cases, determining pedestrian accident fault is usually based on negligence — meaning one or both parties failed to act with reasonable care.
Factors that help determine fault:
- Was the pedestrian walking behind a parked vehicle without checking?
- Were there warning signs, mirrors, or cameras the driver ignored?
- Was the pedestrian in a clearly marked walkway or crosswalk?
- Was either party distracted (e.g., on a phone)?
- Did speed or visibility play a role (poor lighting, tight corners, etc.)?
When a Distracted Driver Hits a Pedestrian
If the driver was texting, speeding, or not paying attention, that often tips the scale of fault in favor of the pedestrian, even if the pedestrian made a small mistake.
Driver distractions that increase liability:
- Cell phone use
- Texting while driving
- Eating or grooming
- Adjusting entertainment systems
Impact on fault determination:
- Distracted driving often increases driver fault percentage
- Creates stronger pedestrian injury claims
- May constitute negligence per se under California law
Evidence of driver distraction significantly strengthens pedestrian cases. Phone records and witness testimony often prove distraction claims.
How Insurance Companies Try to Blame Pedestrians
Even if you were seriously injured, don’t expect the driver’s insurance company to play fair or to automatically assign fault on the driver. Their job is to pay out as little as possible and that often means shifting the blame onto you.
Primary evaluation factors:
- Police reports and official documentation
- Witness statements and testimony
- Physical evidence from accident scene
- Traffic law violations by either party
- Expert accident reconstruction
Documentation insurance companies review:
- Medical records and injury reports
- Property damage assessments
- Traffic camera or surveillance footage
- Cell phone records (for distraction claims)
Insurance companies often dispute fault percentages, even in pedestrian accident cases. Having strong evidence strengthens your position during negotiations.
Common insurance tactics:
It doesn’t take much for them to start pointing fingers. Even if the driver was clearly speeding, distracted, or simply not paying attention, the insurance company will try to reduce their insured’s liability. Some tactics insurance companies use include:
- Minimizing driver fault percentage
- Emphasizing pedestrian contributory negligence
- Questioning injury severity and causation
- Delaying claim processing to pressure settlements
That’s why it’s so important to build a strong case early, with evidence that tells your side of the story.
What to Do After Getting Hit by a Car in Los Angeles
If you’re hit by a car while walking, the steps you take right after the crash can impact your injury claim. First, prioritize safety—call 911, get medical help, report the incident to the police, and gather evidence if possible. Act quickly: file a police report within 24 hours, alert insurance companies, and document your injuries. Avoid common mistakes like trusting the driver to handle things, speaking to their insurer without legal advice, or posting on social media. To protect your rights, consult a personal injury attorney as soon as possible.
Recommended Reading: What to Do If You’re Hit by a Car While Walking in Los Angeles
When to Talk to a Los Angeles Pedestrian Injury Lawyer (Don’t Wait Too Long)
If you were seriously injured in a pedestrian accident, speaking with an attorney early on can make all the difference. Pedestrian accidents involving disputed fault, commercial vehicles, multiple parties, or government entities are especially complex. Also, insurance companies often make low settlement offers that don’t fully cover medical bills, lost wages, or long-term needs.
A local pedestrian accident lawyer understands California fault laws, knows how to negotiate with insurers, and has access to accident reconstruction experts and medical specialists.
They can assess the true value of your case, including future care, permanent disability, lost wages, and pain and suffering
To protect your rights and build a strong case, it’s best to consult a lawyer as soon as possible, before accepting any settlement offer.
At El Dabe Ritter Trial Lawyers, we’ve helped pedestrian accident victims throughout Los Angeles and Southern California fight back and win. We’ll deal with the insurance companies while you focus on healing.
If you were involved in a pedestrian accident, call for your free consultation today.
Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.
