Catastrophic Injury · Pedestrian
California Pedestrian Accident Attorney
Civil representation for pedestrians struck by vehicles in California. These cases are usually serious — pedestrian-vs-vehicle physics produces some of the worst injuries in personal injury law.
Vulnerable victims. Serious injuries. Often fatal.
Why pedestrian cases tend to be catastrophic
A pedestrian struck by a vehicle has no protective shell. Even at low speeds, the injury severity is typically high: traumatic brain injury (head striking pavement), pelvic and lower-extremity fractures, internal injuries, spinal injuries, and often death. The federal Insurance Institute for Highway Safety reports that the risk of pedestrian fatality rises sharply above 30 mph vehicle impact speed.
California right-of-way framework
- Crosswalks (marked and unmarked): Drivers must yield to pedestrians in any crosswalk, marked or unmarked at intersections (Cal. Veh. Code § 21950).
- Pedestrians outside crosswalks: Generally must yield to vehicles (Cal. Veh. Code § 21954) — but this does not relieve drivers of the general duty to drive carefully.
- Driver duty of care: Even where a pedestrian was technically at fault for being in the roadway, drivers retain a duty to avoid hitting them through reasonable care (Cal. Veh. Code § 21950(b)).
Common case scenarios
- Crosswalk collisions — driver fails to yield
- Right-on-red collisions — driver fails to yield to pedestrians crossing
- Backing-up incidents in parking lots and driveways
- Distracted driver incidents (mobile phones)
- Drunk driver incidents (often involving fatal outcomes)
- Hit-and-run pedestrian collisions
- Government-vehicle pedestrian incidents (school buses, transit buses, public works)
Damages
Pedestrian cases tend to involve substantial damages because injuries are typically severe. Recoverable damages include past and future medical expenses, lost earnings and lost earning capacity, life-care plan costs for severe injuries, pain and suffering, loss of consortium, and wrongful death damages where applicable (Cal. Code Civ. Proc. § 377.60). Punitive damages may be available against drunk drivers (Cal. Civ. Code § 3294; Taylor v. Superior Court, 24 Cal.3d 890).
Government-vehicle and transit cases
Pedestrian cases involving government vehicles (city buses, transit, public works trucks) trigger California's Tort Claims Act. A claim must typically be presented to the public entity within six months of the accident (Cal. Gov't Code § 911.2) before suit can be filed. Missing this deadline can bar the claim. These deadlines are firm.
Common Questions
I was crossing outside a crosswalk — does that defeat my case?
Not necessarily. Comparative fault may reduce your recovery, but California is a comparative-fault state — you can recover even if partly at fault. Drivers retain a duty to avoid hitting pedestrians even when the pedestrian was outside a crosswalk.
The driver says I came out of nowhere. Is that a defense?
It's a common defense, but rarely a winning one. Drivers must keep a proper lookout and adjust to conditions. "I didn't see them" is usually itself negligence. We evaluate the facts and the visibility conditions case by case.
What if a city bus or government vehicle hit me?
Government-defendant cases are governed by California's Tort Claims Act. A claim must be presented to the entity within six months of the incident (Cal. Gov't Code § 911.2). This is a firm deadline. Reach out promptly.
How are pedestrian fatality cases handled?
As wrongful death cases under Cal. Code Civ. Proc. § 377.60. Surviving family members (spouse, domestic partner, children, and others depending on the family structure) may sue. Damages include economic loss, loss of love and companionship, and (often) punitive damages where the driver was intoxicated or grossly negligent.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.