Insurance companies have a standard playbook for pedestrian cases: blame the person they hit.
"They Were on Their Phone": The most common defense. The pedestrian was supposedly distracted, looking down, headphones in. We pull surveillance footage, witness accounts, and the driver's own actions to show what really happened.
"They Stepped Into Traffic": Drivers claim the victim "came out of nowhere." Crash reconstruction, sight-line analysis, and traffic data routinely prove the driver had clear visibility and either looked away, sped, or was impaired.
"They Were Jaywalking": Even when a pedestrian is outside a marked crosswalk, California law requires drivers to exercise due care. Jaywalking is not a complete defense — and we don't let opposing counsel pretend it is.
California Right-of-Way Law
California law is on your side more than most pedestrians realize. Most drivers — and many insurers — don't know the actual rules.
Crosswalks Are Implicit, Not Just Painted: California recognizes "unmarked crosswalks" at every intersection — the lawful crossing zone, even when no lines are painted. Drivers must yield.
Right-of-Way at Stop Signs and Lights: A pedestrian crossing on a green light, walk signal, or in a marked crosswalk has the right of way. Drivers turning on green still owe a duty to yield.
Vehicles Must Stop, Not Just Slow: When a pedestrian is in the crosswalk, the driver must come to a complete stop — not slow and hope. Crash data and dashcam footage can show whether the driver actually stopped.
School Zones, Parking Lots, and Bus Stops: Special rules apply. Increased duty of care in school zones, slow speeds in parking lots, and a stopped school bus means traffic stops in both directions.
Comparative Fault Still Lets You Recover: Even if you bear some fault, California's comparative negligence rule lets you recover damages proportional to the driver's share of responsibility. We pre-empt the "all-or-nothing" defense.
Hit-and-Run Compounds Everything: Fleeing the scene is criminal under California law and powerfully strengthens the civil case. We work with investigators to identify the driver when they run.
The Catastrophic Cost of "I didn't See Them"
Pedestrian collisions cause some of the most severe injuries we see. The damages you're entitled to recover go far beyond the ER bill.
Catastrophic Injury Damages: Traumatic brain injuries, spinal cord damage, internal organ injuries, multiple fractures, and amputations are common in pedestrian collisions — even at "low speed." Lifetime medical care, lost earning capacity, and ongoing rehabilitation are all recoverable.
Pain, Suffering & Emotional Trauma: Survivors often live with chronic pain, PTSD, and fear of crossing streets. These non-economic damages are real — and we document them with the same rigor as the medical bills.
Wrongful Death Damages: When a pedestrian collision is fatal, the surviving family can recover for funeral costs, lost financial support, loss of companionship, and the emotional devastation. We treat these cases with both legal precision and the dignity the family deserves.
A car has a fender. You don't. We make sure the law treats that fact seriously.
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