Los Angeles is one of the most dangerous cities in the country for pedestrians. Busy intersections, distracted drivers, and high-speed arterials make walking in LA a genuine risk, and when a collision occurs, the consequences can be catastrophic.
If you are hit by a car in Los Angeles, call 911 and seek immediate medical attention. What happens next matters enormously. Determining liability in a pedestrian accident requires a thorough investigation; while drivers have a legal duty to yield to pedestrians, fault may also involve other parties. An attorney will investigate every avenue of liability to ensure you recover the full compensation you deserve.
Contact our team of pedestrian accident lawyers at Ellis Law. We can advise you of your rights and your opportunity to recover compensation for your losses and damages. Call today to schedule a free consultation.
Steps to Take If You Are Hit by a Car
If you are struck by a vehicle, the actions you take in the immediate aftermath can protect both your health and your legal rights. Follow these steps as best you can:
- Call 911. Report the accident and request emergency medical services. Do not assume your injuries are minor; adrenaline can mask pain, and serious symptoms may not appear immediately.
- Stay at the scene. Do not leave until police arrive and a report has been filed.
- Accept medical treatment. Allow paramedics to evaluate and treat you at the scene.
- Get the driver’s information. Collect the driver’s name, address, phone number, driver’s license number, and insurance information.
- Identify witnesses. If bystanders saw the accident, get their names and contact information before they leave the scene.
- Document the scene. If you are physically able, take photos and video of the vehicle that struck you, the surrounding area, traffic signals, crosswalk markings, and any visible injuries.
- Do not apologize or admit fault. Anything you say at the scene can be used against you. Let an investigation determine liability.
Finally, contact a pedestrian accident attorney in Los Angeles before speaking to an insurance company. Your rights deserve immediate protection.
Verdicts & Settlements
Real Results for Los Angeles Injury Victims
Millions recovered for those injured by negligent motorists across California.
Unsafe Lane Change
The Plaintiff was driving when the Defendant made an unsafe lane change, hitting the rear portion of the Plaintiff’s car.
Read MoreRear-end Collision
Plaintiff was rear-ended by defendant, who was driving for a restaurant at the time of the accident.
Read MoreRear-end Collision
Defendant, driving a County of San Bernardino vehicle, rear-ended plaintiffs in heavy traffic.
Read MoreWhy Pedestrian Injuries Are Often Serious
When a vehicle weighing thousands of pounds strikes an unprotected human body, the results can be catastrophic. If you are fortunate enough to survive, you may face long-term or permanent disability, along with the physical, financial, and emotional toll that comes with it.
Common injuries
- Amputation: The force of impact can crush limbs beyond repair, resulting in traumatic amputation at the scene or surgical amputation during treatment.
- Fractures: Broken bones are among the most common pedestrian injuries, ranging from hairline fractures to complex, multi-site breaks requiring surgery and extensive rehabilitation.
- Head trauma: Traumatic brain injuries, including concussions, skull fractures, and hemorrhaging, can result in cognitive impairment, memory loss, and permanent neurological damage.
- Internal injuries: Blunt force trauma can rupture organs and cause internal bleeding that is not immediately apparent, making prompt medical evaluation critical.
- Severe lacerations: Deep cuts and road rash can cause permanent scarring, nerve damage, and infection.
- Spinal cord injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring lifelong medical care and dramatically altering a victim’s quality of life.
Your attorney may retain medical expert witnesses to testify about the severity of your injuries, the course of treatment required, and your long-term prognosis.
Key Evidence in a Pedestrian Injury Claim
In a pedestrian accident case, evidence is everything. California follows a comparative negligence standard, meaning the at-fault driver’s insurance company will look for any opportunity to shift blame onto the victim and reduce the payout.
Critical evidence can disappear within days: surveillance footage gets overwritten, skid marks fade, and witnesses become harder to locate. An experienced pedestrian accident attorney will move quickly to preserve the evidence that establishes liability and maximizes your compensation, including:
Surveillance Cameras and Nearby Businesses
Los Angeles is blanketed with cameras. In addition to private security cameras on nearby businesses and residences, potential sources of surveillance footage include city-operated traffic cameras, Metro bus and rail cameras, parking structure cameras, doorbell cameras, and dashcams on other vehicles in the area.
Any of these may have captured the moment of impact, the driver’s behavior leading up to the crash, or the road and signal conditions at the time. Time is of the essence. Surveillance footage is frequently overwritten within days or weeks, depending on the system, and public agencies have their own retention policies. Your attorney will move quickly to subpoena footage or seek a court order before it is gone.
Police Report
The police report contains critical details of the accident. It will also state whether the driver was charged with a traffic violation or arrested for DUI or other illegal behavior.
Keep Receipts and Document Missed Work
Hold on to every receipt related to your accident: medical bills, transportation to and from appointments, physical therapy costs, and any adaptive equipment or home care expenses. Document all work hours missed due to your injuries, and support your lost wage claim with pay stubs, tax returns, or employer statements. The more thorough your records, the stronger your economic damages claim.
Understanding Liability in a Pedestrian Accident
In most pedestrian accident cases, driver negligence is the primary cause. The most common forms include distracted driving, speeding, failure to yield, and driving under the influence of alcohol or drugs. However, liability does not always rest with the driver alone, and determining fault requires a thorough investigation.
Other liable parties may include:
- Government agencies: A city or county may be liable for poorly designed intersections, malfunctioning traffic signals, inadequate crosswalk markings, or deteriorating road conditions.
- Vehicle manufacturers: If a defective vehicle component, such as faulty brakes or a malfunctioning accelerator, contributed to the crash, the manufacturer may bear liability.
- Employers: If the driver was operating a vehicle in the course of their employment at the time of the accident, their employer may be held vicariously liable.
- Rideshare companies: If the at-fault driver was operating as an Uber or Lyft driver at the time of the crash, the rideshare company’s insurance policy may come into play.
California Comparative Negligence Explained
As noted, California operates under a pure comparative negligence doctrine, meaning your compensation is reduced by your percentage of fault. Insurance companies routinely use this to their advantage. An adjuster may argue that a pedestrian was distracted by their phone, crossed outside a marked crosswalk, or ignored a signal.
This shifts a portion of the blame onto the victim and reduces the payout accordingly, which is why having an experienced attorney in your corner matters. Your lawyer will push back against unfair fault assessments and fight to ensure your compensation reflects the true liability of the at-fault driver.
Potential Compensation
After a car accident, compensation you may be entitled to receive may include:
- Medical expenses, past, current, and future
- Lost wages
- Loss of future income
- Property damage
- Pain and suffering
- Emotional distress
- Mental anguish
Your lawyer knows a fair settlement amount based on the severity of your injuries and long-term prognosis. While most pedestrian accident cases are settled, your attorney can take the case to trial if the insurance company fails to agree to a reasonable settlement.
FAQs
What if the driver fled the scene?
Leaving the scene of an accident is a crime in California. If the driver flees, try to document as much as possible: the color, make, model, and license plate number of the vehicle. File a police report immediately to create an official record of the hit and run.
If the driver is never identified, you may still be able to recover compensation through your own uninsured motorist coverage. This is one of the most important reasons to carry UM/UIM coverage on your auto policy.
What if I did not go to the ER immediately?
If you did not go to the ER immediately, head to an urgent care facility as soon as possible. Failing to receive prompt medical attention can jeopardize your claim. Insurers may allege your injuries are not serious or did not result from your accident.
How long do I have to file in California?
In general, the deadline for filing a pedestrian accident lawsuit in California is two years from the date of the accident. If a government-owned vehicle hit you, a Notice of Claim must be filed within six months of the accident date.
Schedule a Free Consultation at Ellis Law
If you or someone you love has been injured in a pedestrian accident, you should not have to face the legal process alone. At Ellis Law, we have spent more than 30 years fighting for injured Californians, recovering over $750 million for our clients along the way. We will investigate your case, identify every avenue of liability, and fight to recover the full compensation you deserve.
There is no fee unless we win. Contact us today for a free, no-obligation consultation. Available 24/7.
