The Role of Warning Signs in Premises Liability Cases: What You Need to Know
Property owners are legally required to keep their premises safe. Otherwise, they must provide a clear warning. That’s where premises liability comes into play.
We are dedicated to helping you navigate complex legal challenges with clear strategies and a focus on securing the best outcome for your case.
Your safety should be your top priority
Call 911 immediately and contact the local police or the California Highway Patrol (CHP)
If you are not too injured, take good pictures of the scene and some videos if you can
Ensure to collect at least the driver’s name, address, and date of birth alongside their license number and state
These witnesses can help strengthen your case
Contact your lawyer as soon as possible
California’s bustling streets and diverse neighborhoods make it an exciting place to live, but pedestrian accidents remain a serious concern. Careless drivers, unsafe road conditions, and other hazards can lead to devastating injuries, creating physical, emotional, and financial challenges for victims and their families. Whether it’s a crosswalk accident, a hit-and-run, or a crash involving a distracted driver, these incidents can have life-altering consequences.
Filing a pedestrian accident claim in California can be a complicated process, especially when medical treatment, rehabilitation, and long-term care are involved. Victims may be eligible for compensation to cover hospital bills, lost earnings, and the emotional toll of the accident. Seeking legal guidance from a knowledgeable pedestrian accident attorney can make a significant difference in securing the financial support needed for recovery.
This guide explains the different types of pedestrian accident claims, the compensation you may be entitled to, and the critical steps to take when pursuing legal action. Understanding your options can help you take control of your future and focus on healing.
California consistently reports some of the highest pedestrian accident rates in the United States. With its densely populated cities, high traffic volume, and a growing number of pedestrians, accidents involving pedestrians remain a significant public safety issue. Every year, thousands of pedestrians suffer injuries in collisions with motor vehicles, often resulting in severe or fatal consequences.
Key statistics highlight the scope of the issue:
California accounts for nearly 15% of all pedestrian fatalities in the U.S., making it one of the deadliest states for pedestrians.
Over 7,500 pedestrian-related traffic accidents occur in the state each year, with a significant number resulting in severe injuries or death.
Highly populated areas such as Los Angeles, San Francisco, and San Diego report the highest accident rates due to increased foot traffic and dense vehicle congestion.
Elderly individuals and young children are among the most at-risk groups for pedestrian accidents, often due to slower reaction times or limited awareness of traffic dangers.
The majority of fatal pedestrian accidents happen during the evening or in low-visibility conditions, making poor lighting and lack of reflective clothing major contributing factors.
Understanding these statistics can help raise awareness and encourage safer behaviors among both pedestrians and drivers.
Several factors contribute to pedestrian-related accidents in California. While driver negligence is a primary cause, environmental conditions and pedestrian behavior also play a role.
Common causes include:
One of the leading causes of pedestrian accidents, distracted driving occurs when motorists divert their attention from the road to use their phone, adjust the radio, or engage in other activities. This split-second loss of focus can lead to devastating consequences for pedestrians crossing streets or walking alongside roadways.
When drivers exceed the speed limit, they have less time to react to pedestrians entering crosswalks or intersections. Higher speeds also result in more severe injuries upon impact, often leading to life-threatening or fatal outcomes.
Many pedestrian accidents occur at marked crosswalks or intersections where drivers fail to yield the right of way. This can be due to inattention, impatience, or misunderstanding of pedestrian traffic laws.
Alcohol and drugs impair a driver’s ability to react quickly, judge distances accurately, and recognize pedestrians on the road. DUI-related pedestrian accidents often result in catastrophic injuries due to reckless driving behavior.
Dimly lit streets, fog, heavy rain, and a lack of proper street lighting contribute to reduced visibility. Pedestrians wearing dark clothing at night are at an even greater risk of not being seen by approaching vehicles.
Pedestrians who cross roads outside of designated crosswalks or against traffic signals put themselves at a higher risk of being struck. While drivers are expected to remain cautious, unexpected pedestrian movement increases the chance of accidents.
Malfunctioning pedestrian signals, faded crosswalk markings, or roads that lack pedestrian-friendly infrastructure contribute to unsafe conditions. Cities and municipalities may be held liable if poor road design leads to accidents.
By addressing these common causes, policymakers and individuals can take steps toward making California’s streets safer for pedestrians.
Liability in pedestrian accidents depends on several factors, including traffic laws, driver actions, and pedestrian behavior. Multiple parties may share responsibility, making liability assessments complex.
Potentially liable parties include:
A driver who was speeding, texting, or disregarding traffic signals is often held responsible for a pedestrian collision. Negligent driving behaviors can be proven through traffic camera footage, eyewitness testimonies, and accident reconstruction reports.
While pedestrians generally have the right of way, they can also be partially liable if they jaywalk, ignore traffic signals, or cross the road under unsafe conditions. In such cases, liability may be shared under California’s comparative negligence laws.
State or local agencies responsible for road maintenance and traffic control may be liable if a pedestrian accident was caused by defective sidewalks, missing crosswalks, or malfunctioning traffic lights.
If a pedestrian accident was caused by brake failure, faulty headlights, or other mechanical defects, the car manufacturer or auto parts supplier may be held accountable for producing a defective product.
Determining fault often requires a thorough investigation, review of traffic laws, and legal guidance to establish liability and seek fair compensation.
Pedestrian accidents often lead to severe injuries due to the lack of protection against vehicles. Many of these injuries require extensive medical treatment, rehabilitation, and long-term care.
Common injuries include:
Concussions, skull fractures, and traumatic brain injuries (TBI) can cause cognitive impairments, memory loss, and long-term disabilities.
Pedestrians hit by vehicles may suffer spinal cord injuries, leading to paralysis, chronic pain, or mobility restrictions.
The force of impact often results in multiple fractures, requiring surgeries, casts, and physical therapy for recovery.
Blunt force trauma can cause life-threatening internal bleeding, punctured lungs, or damage to the liver and kidneys.
Deep cuts, torn ligaments, and muscle injuries may lead to permanent scarring and limited mobility.
Tragically, many pedestrian accidents result in death, leaving families devastated and burdened with emotional and financial losses.
If you or a loved one is involved in a pedestrian accident, taking the right steps is crucial to protecting health, legal rights, and potential claims for compensation.
Follow these steps immediately after an accident:
Some injuries, such as internal bleeding or concussions, may not show symptoms right away but can become life-threatening if left untreated. Getting a medical evaluation ensures that all injuries are properly diagnosed and documented, which can also support any legal claims. Prompt medical care can also prevent complications and improve recovery outcomes. Even minor injuries should be examined to rule out long-term effects.
Reporting the accident to law enforcement ensures that an official record of the incident is created. A police report includes crucial details such as witness statements, driver information, and potential causes of the accident. This report can be invaluable in establishing liability when filing an insurance claim or lawsuit. Without it, proving fault may become more challenging.
Take clear photographs of the accident scene, including the vehicle involved, any visible damage, traffic signals, and road conditions. If possible, capture images of your injuries as well, as these can serve as important documentation for medical claims. Evidence collected at the scene can help reconstruct what happened and strengthen your case. Video footage from nearby surveillance cameras or dash cams can also be useful.
If there were bystanders who saw the accident, ask for their contact information and a brief account of what they observed. Witness testimonies can provide an unbiased perspective and support your version of events. Independent witnesses can be critical in disputes over fault, as their statements carry weight in legal proceedings. Their observations may also help clarify details you may not remember due to the shock of the incident.
Even a simple apology can be misconstrued as an admission of liability. Refrain from making statements that could be used against you by insurance companies or opposing legal teams. Stick to factual statements when speaking to authorities and avoid speculating about what happened. Consulting with a lawyer before providing detailed statements can help protect your rights.
An experienced attorney can guide you through the legal process, ensuring that you receive fair compensation for medical bills, lost wages, and other damages. They can also negotiate with insurance companies on your behalf to prevent low settlement offers. Legal professionals can help determine if additional parties, such as municipalities or vehicle manufacturers, share liability. Acting quickly ensures that evidence is preserved and deadlines for filing claims are met.
Pedestrians injured in accidents caused by negligent drivers or hazardous road conditions have the right to seek compensation. The amount and type of compensation depend on the severity of the injuries and the circumstances of the accident.
Types of compensation include:
This includes costs for emergency treatment, hospital stays, surgeries, physical therapy, and any ongoing medical care needed for recovery. In severe cases, victims may require long-term rehabilitation, specialized equipment, or home modifications.
Victims who are unable to work due to their injuries may recover compensation for lost income. If the accident results in permanent disability, they may also receive damages for lost future earnings and diminished earning capacity.
This category covers compensation for the physical pain and emotional trauma caused by the accident. Anxiety, depression, PTSD, and reduced quality of life are common after pedestrian accidents and can significantly impact victims.
If personal items such as smartphones, clothing, eyeglasses, or medical devices are damaged in the accident, victims may seek reimbursement for repair or replacement costs.
If a pedestrian accident results in a fatality, the victim’s family may seek compensation for funeral and burial expenses. Additionally, they may receive damages for the loss of financial support, companionship, and the emotional toll of losing a loved one.
An experienced personal injury attorney can help accident victims navigate the legal process, gather necessary evidence, and negotiate with insurance companies to secure the compensation they deserve. Acting quickly is essential, as California law imposes a statute of limitations on personal injury claims, typically requiring action within two years of the accident.
California has some of the most protective pedestrian laws in the country. Understanding these laws is essential for anyone involved in a pedestrian accident, as they can greatly impact liability and the outcome of a case. This section explains the key rights and responsibilities pedestrians have under California law.
Drivers must yield to pedestrians at both marked and unmarked crosswalks, which is a critical part of California’s pedestrian safety laws.
Pedestrians are required to follow traffic signals and should not step into the roadway suddenly. Failure to do so could impact their case if an accident occurs.
Even when not at a crosswalk, pedestrians are given some rights. Drivers must still take reasonable care to avoid hitting a pedestrian.
If either the pedestrian or driver violates these laws, it can affect who is deemed at fault, potentially influencing the outcome of the case.
After a pedestrian accident, dealing with insurance companies can be challenging. Insurance adjusters may attempt to minimize settlements or shift blame. In this section, we provide tips on how to handle negotiations with insurers to ensure you receive the compensation you deserve.
After a pedestrian accident, insurance companies are often more focused on protecting their bottom line than providing fair settlements. They might argue that the pedestrian was partially or fully at fault.
Local adjusters may attempt to offer low-ball settlement amounts early in the process. This is usually a tactic to minimize the payout, and accepting an early offer may not cover all medical expenses or future costs.
Having a lawyer ensures that all aspects of your case, including medical records and future care costs, are properly accounted for. They can push back against unfair tactics and negotiate for a higher settlement.
A lawyer can help gather crucial evidence, such as witness statements, traffic camera footage, and police reports, which can substantiate your claims.
Every pedestrian accident case is unique, and the time it takes to resolve your claim can vary. This section discusses the factors that influence how long it may take to settle your case, whether through negotiations or litigation.
The length of a case depends on various factors, including the complexity of the accident, whether liability is disputed, and how long medical treatment takes.
If both parties reach an agreement, a case may settle within a few months. However, if the case goes to court, it could take over a year, particularly if there are multiple rounds of negotiations or trials.
While it’s understandable to want a quick resolution, it’s important to allow adequate time for medical assessments and legal proceedings to ensure you receive fair compensation.
Experienced attorneys will keep you informed throughout the process, giving you realistic expectations for how long your case may take.
In California, there are strict time limits for filing personal injury claims. Missing these deadlines can bar you from seeking compensation. Here, we cover the important legal deadlines and statutes of limitations you need to be aware of after a pedestrian accident.
California law allows two years from the date of the pedestrian accident to file a personal injury lawsuit. This is the general deadline for non-government-related accidents.
If the accident involves a government entity, such as a city-operated bus, you must file a formal claim within six months. Failing to meet this deadline can result in losing the right to pursue a claim.
Missing these time limits can bar you from ever being able to seek compensation. It’s critical to act quickly after an accident and consult with a lawyer to ensure you meet all deadlines.
The worth of a pedestrian accident claim can vary based on the specifics of the case. In this section, we explore the factors that influence case value, from medical expenses to the severity of injuries, to help you better understand the potential compensation available.
The value of a case depends on various elements, such as medical bills, lost wages, pain and suffering, emotional distress, and the extent of the injuries.
Cases involving severe injuries, such as broken bones, traumatic brain injuries, or long-term disabilities, typically result in higher compensation amounts due to increased medical care and lost income.
If a pedestrian accident leads to death, the family can seek compensation for funeral expenses, loss of financial support, and emotional distress. These cases can be particularly complex and involve higher settlements.
Every pedestrian accident is unique, so it’s essential to have a lawyer evaluate your specific situation to understand the potential worth of your case.
Choosing the right lawyer is crucial to ensuring a favorable outcome in your pedestrian accident case. This section highlights why our experienced team is the right choice for handling your case and fighting for the compensation you deserve.
Our team has years of experience handling pedestrian accident cases throughout California, ensuring that we know how to navigate both the legal and insurance systems effectively.
We are dedicated to securing the maximum compensation possible for our clients, whether through settlement or litigation. Our attorneys fight for your rights and work tirelessly to ensure you’re not shortchanged.
Every case is unique, and we take a personalized approach to understand your needs and the full extent of your injuries. This allows us to advocate more effectively for your best interests.
Our track record speaks for itself. We have successfully helped many injured pedestrians get the compensation they deserve, from negotiating favorable settlements to representing clients in court.
Pedestrian accidents can result in severe consequences, from physical injuries to emotional and financial strain. Understanding your legal options is crucial to ensuring you receive the compensation you deserve. Hiring a qualified pedestrian accident lawyer in California can provide the expert assistance necessary to navigate the complexities of these cases.
Pedestrian accidents often involve complex legal and insurance issues. A skilled lawyer familiar with California’s pedestrian laws can help navigate the claims process and ensure you don’t settle for less than you deserve.
A qualified attorney will gather critical evidence, such as surveillance footage, police reports, and witness statements, to strengthen your case. This helps establish fault and supports your claim for compensation.
Insurance companies often try to minimize payouts, offering less than what you’re entitled to. A lawyer will handle all communications, ensuring that your interests are prioritized and that you get fair compensation for medical expenses, lost wages, and pain and suffering.
With an experienced attorney, you’re more likely to secure the maximum settlement. Your lawyer will account for both current and future expenses, such as long-term medical treatment or rehabilitation costs, which may not be immediately obvious after the accident.
Concern about legal fees shouldn’t stop you from seeking help after an accident. Many pedestrian accident lawyers in California offer a contingency fee structure, meaning you only pay if you win your case. This arrangement makes legal representation accessible, allowing you to focus on recovery without the stress of upfront costs.
Many pedestrian accident lawyers work on a contingency basis, meaning they only get paid if you win your case. This removes the burden of upfront legal fees, making it financially easier to seek legal representation.
You won’t have to worry about paying attorney fees or court costs upfront. The lawyer’s fees are deducted from your final settlement or court award.
The fee is typically a percentage of the compensation you receive. This ensures your lawyer is motivated to secure the highest possible payout since their payment is tied to your success.
California’s roads can be busy and dangerous for pedestrians, but taking proactive safety measures can significantly reduce the risk of accidents. Whether you’re walking to work, school, or a local shop, being aware of safety tips can protect you from harm.
Pedestrians should always cross streets at designated crosswalks or intersections. Not only is this safer, but it also helps avoid legal issues in case of an accident.
Distracted walking, such as texting or listening to music with headphones, can make you less aware of your surroundings and increase the risk of being involved in an accident.
Make sure you wear bright or reflective clothing, especially when walking at night. Poor visibility is a common factor in pedestrian accidents, and wearing the right attire can significantly reduce the risk.
Always wait for the pedestrian signal before crossing, even if the road appears clear. This ensures that you’re following the law and increases your safety.
After a pedestrian accident, victims often face significant challenges in recovery. From physical injuries that require extensive medical care to the emotional toll and financial hardship, navigating life post-accident can be overwhelming. It’s essential to understand these challenges to better cope and seek the help you need.
Depending on the severity of the injury, recovery can take months or even years. Common injuries such as broken bones, head trauma, or spinal injuries often require extensive medical treatments, surgeries, and rehabilitation.
The trauma of being hit by a vehicle can cause psychological effects, including anxiety, depression, and PTSD. Recovering from emotional distress is just as important as physical recovery, and it may require counseling or therapy.
Many accident victims face financial challenges due to the inability to work while recovering. This can lead to mounting bills and financial insecurity, especially if the accident was caused by another party’s negligence.
In some cases, pedestrian accident victims require long-term or ongoing medical care, such as physical therapy, medication, or assistive devices. These costs can add up quickly and may not be fully covered by insurance.
Pedestrian accidents occur more frequently in certain areas of California, particularly in urban and high-traffic zones. Knowing where these accidents are most likely to happen can help pedestrians stay vigilant and avoid dangerous situations.
Cities like Los Angeles, San Francisco, and San Diego have dense populations and heavy traffic, making them hot spots for pedestrian accidents. Areas near popular destinations or commercial zones tend to have higher rates of pedestrian accidents.
Busy intersections and poorly marked crosswalks are frequent locations for pedestrian accidents. Poor traffic signal management, insufficient lighting, or blocked crosswalks contribute to the risk in these areas.
In neighborhoods near schools or parks, pedestrians, especially children, are more vulnerable to accidents. Lack of sidewalks or traffic calming measures can increase the likelihood of collisions.
Following a pedestrian accident, it’s important to act swiftly to protect your rights and ensure proper compensation for your injuries. From seeking medical care to consulting an attorney, taking the right steps after an accident can significantly impact the outcome of your case.
Even if you feel fine after the accident, it’s essential to get checked by a healthcare professional. Injuries may not be apparent right away, and getting medical documentation strengthens your case.
Take photos of the accident site, vehicle involved, and any visible injuries. Collect contact details from witnesses and gather a copy of the police report if available.
The sooner you contact a lawyer, the better. They can help preserve evidence, investigate the circumstances surrounding the accident, and guide you through the legal process to ensure your rights are protected.
Insurance companies may offer a quick settlement to avoid a lengthy process. However, these early offers are often lower than what you deserve. A lawyer can help you evaluate the full value of your case and secure fair compensation.
Police Stations to File a Report
The LAPD is the primary law enforcement agency in Los Angeles, providing comprehensive police services. If you’ve been involved in a pedestrian accident in the city, you can file an official report at their downtown location. They offer a 24-hour non-emergency line for assistance.
SFPD serves the city of San Francisco and handles all types of accidents, including pedestrian incidents. Their station on 3rd Street is open for reporting accidents, and their dedicated officers are ready to guide you through the process of documenting the incident.
As the law enforcement agency for San Diego, the SDPD is equipped to assist with pedestrian accident reports. Located downtown, their station is easily accessible for residents and visitors, with staff available to provide immediate support in filing your report.
Serving the state capital, the Sacramento Police Department handles all types of accidents, including pedestrian incidents. You can visit their Freeport Boulevard location to file your report, ensuring your accident is documented and investigated properly.
The Oakland Police Department is a vital resource for residents involved in pedestrian accidents in the city. Their 7th Street station is open to help file reports and offer assistance, ensuring that law enforcement can follow up on your case.
Located in Westwood, UCLA Medical Center is a top-tier hospital that provides emergency services for pedestrians involved in accidents. With comprehensive trauma care and advanced medical resources, they’re equipped to treat injuries ranging from minor to life-threatening.
As one of San Francisco’s leading hospitals, San Francisco General provides immediate care for accident victims. Their emergency room is open 24/7, and the medical staff is experienced in treating injuries caused by pedestrian accidents.
Situated in the heart of San Diego, Scripps Mercy Hospital offers emergency medical services for pedestrians injured in accidents. Their dedicated trauma center ensures you receive the care you need quickly and efficiently, helping with both minor and severe injuries
Kaiser Permanente’s Sacramento location is known for its exceptional emergency services, making it a reliable option for those injured in pedestrian accidents. Their team provides immediate treatment and follow-up care, ensuring comprehensive recovery support.
Located in Berkeley, Alta Bates Summit Medical Center offers prompt and professional care for pedestrians involved in accidents. Their emergency department is well-equipped to handle a wide range of injuries, with experienced staff to guide your recovery.
RMD Law boasts a proven track record of securing significant compensation for clients across California. With millions of dollars recovered in personal injury cases, including notable settlements and verdicts, the firm is committed to helping victims get back on their feet. Their successful history spans a wide range of accidents, from car crashes to wrongful death claims, and their team of dedicated attorneys works tirelessly to ensure clients receive the justice they deserve.
At RMD Law, the focus is on guiding you through the difficult aftermath of an accident. Their compassionate team helps you navigate medical care, insurance claims, and legal hurdles, aiming to restore your life. With no fees unless they win, RMD Law ensures you get the support you need without the financial stress. They are committed to helping you recover and move forward with peace of mind.
At RMD Law, we believe that reputation is everything. When clients trust us with their cases, we do everything in our power to help guide them. That means personal service and sharp advocacy. We care about the details of your case because that is how we can get you the best settlement.
Families across California trust our firm to handle catastrophic injury claims with dedication and care. Here’s what they’ve shared:
If you or a loved one has been involved in a pedestrian accident, an experienced attorney can assess your case based on several key factors, including:
California follows a comparative negligence rule, meaning you can still seek compensation even if you share some of the fault for the accident. However, your settlement might be adjusted based on your level of responsibility.
Yes, victims of pedestrian accidents and their families may seek compensation for emotional distress, including:
Property owners are legally required to keep their premises safe. Otherwise, they must provide a clear warning. That’s where premises liability comes into play.
For victims and their families, the road after a life-changing accident can feel overwhelming. But understanding what catastrophic injuries are, how they affect the body and mind, and what legal options exist can make all the difference.
Have you ever crossed the street mid-block because it just made more sense—and then worried you’d get a ticket? Thanks to the Freedom to Walk Act, safe jaywalking is no longer a crime.
Over $200,000,000 total recent personal injury wins for our clients. Our dedicated personal injury lawyers are eager to fight for you.
RMD Law found an insurance code violation by the defense insurance company in a dog bite injury case. With smart lawyering, we used the violation to argue that the $100,000 policy limits no longer applied.
The insurance company wrongfully refused to pay our client the $100k policy limit in a rollover auto accident. RMD Law refused to take no for an answer, and filed a lawsuit alleging bad faith, ultimately winning millions for our deserving client.
Confidential bad faith settlement – a negligent driver t-boned our client at a red light resulting in severe spinal injuries. The defendant’s insurance company unreasonably refused to pay the $100K policy limit. RMD Law filed a lawsuit seeking the true value of the case. Policy was opened, and the client settled for an amount vastly higher than the original limits.
We care about your recovery. We stake our reputation on it.
Aria is a member of the prestigious Multi-Million Dollar Advocates Forum®. He speaks English, Farsi, and Spanish.
Nicole has settled hundreds of personal injuries claims, known for her professional, honest, and caring approach.
John is a former defense lawyer turned award-winning personal injury lawyer. He speaks English and Farsi.
Associate Attorney Yen Quach started work at RMD Law in 2017 as a paralegal. Injured clients seeking justice from insurance companies can do no better than Yen.
Ryan is a caring and experienced litigator. He defended scores of depositions and understands what it takes to move a case in California.
Ariana Martin is one of RMD Law’s skilled personal injury lawyers. She brings a lot of legal experience to the table, having worked previously in the field of insurance defense.
RMD Law is a California Personal Injury law firm. We help victims who have been injured in accidents due to someone else’s negligence. RMD Law offers free no-obligation case evaluations for our clients.
Business Hours
Open 24/7
Business Hours
Open 24/7
Business Hours
Open 24/7
Business Hours
Open 24/7
Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
Confidential or time-sensitive information should not be sent through this form.