A pedestrian struck by a vehicle in Los Angeles faces medical bills averaging $57,000 for moderate injuries alone, according to the California Office of Traffic Safety. At Borna Houman Law, our Los Angeles pedestrian accident lawyers fight to recover every dollar injured pedestrians deserve, from emergency room costs to long-term rehabilitation. We handle these cases on contingency, meaning you pay nothing unless we win your case.
Key Takeaway: California law gives pedestrians strong legal protections. Under Vehicle Code sections 21950-21956 and the state’s pure comparative negligence rule (Li v. Yellow Cab Co., 1975), a pedestrian hit by a car can recover compensation even if partially at fault, reduced only by their percentage of responsibility. The statute of limitations is two years from the date of injury under CCP § 335.1.
What Should You Do After a Pedestrian Accident in Los Angeles?
The first 48 hours after a pedestrian accident determine the strength of your case. Call 911 immediately, even if injuries seem minor. Adrenaline masks pain; internal bleeding, traumatic brain injuries, and hairline fractures often go undetected at the scene.
Document everything you can. Photograph the intersection, crosswalk markings, traffic signals, and the vehicle that hit you. Get the driver’s insurance information and license plate number. Ask any witnesses for their names and phone numbers.
Seek medical attention within 24 hours. Insurance companies routinely argue that gaps in treatment mean injuries are not serious. A same-day or next-day medical record links your injuries directly to the collision and prevents the adjuster from claiming your pain started elsewhere.
Do not give a recorded statement to the driver’s insurance company before speaking with a personal injury attorney. Adjusters are trained to ask questions designed to minimize your claim or shift fault onto you.
How Much Is a Pedestrian Accident Lawsuit Worth in California?
Pedestrian accident settlements in Los Angeles typically range from $100,000 to over $1 million depending on injury severity, lost wages, and long-term prognosis. California has no cap on non-economic damages in personal injury cases, which means there is no statutory limit on compensation for pain, suffering, emotional distress, or loss of enjoyment of life.
| Injury Type | Typical Settlement Range | Key Factors |
|---|---|---|
| Broken bones (single fracture) | $50,000 – $150,000 | Recovery time, surgery needed |
| Multiple fractures / internal injuries | $150,000 – $500,000 | Hospital stay, rehabilitation |
| Traumatic brain injury (TBI) | $300,000 – $2,000,000+ | Cognitive impairment, future care |
| Spinal cord injury / paralysis | $1,000,000 – $10,000,000+ | Lifetime care costs, lost earning capacity |
| Wrongful death | $1,000,000 – $5,000,000+ | Decedent’s income, dependents, circumstances |
In our experience representing pedestrian accident victims across LA County, the single biggest factor that increases settlement value is the quality of medical documentation. A treating physician who clearly connects each diagnosis to the collision makes it harder for the insurer to dispute causation.
Who Is Liable When a Pedestrian Gets Hit by a Car?
The driver is liable in most Los Angeles pedestrian accidents, but multiple parties can share fault. California’s pure comparative negligence system (Li v. Yellow Cab Co., 13 Cal.3d 804) allows recovery from any at-fault party regardless of the pedestrian’s own negligence percentage.
Common liable parties include:
- The driver who ran a red light, was texting, speeding, or driving under the influence
- The City of Los Angeles or Caltrans for dangerous road conditions, missing crosswalk signals, or inadequate lighting. Government entity claims require a tort claim filed within 6 months under Government Code § 911.2
- Rideshare companies like Uber or Lyft when their driver causes the collision while on duty
- Commercial vehicle operators and their employers under respondeat superior
The most common mistake we see is pedestrians assuming they cannot recover compensation because they were jaywalking or crossing outside a crosswalk. That is wrong. California Vehicle Code § 21954 requires drivers to exercise due care for pedestrian safety at all times, even outside marked crosswalks. A jaywalking pedestrian’s recovery is reduced by their fault percentage but not eliminated.
What Are the Deadlines for Filing a Pedestrian Accident Claim?
California’s statute of limitations for personal injury is two years from the date of the accident under CCP § 335.1. Miss this deadline and your case is permanently barred.
Two critical exceptions shorten this window. Claims against government entities (the City of LA, Metro, Caltrans) require a government tort claim filed within six months of the incident under Government Code § 911.2. Claims involving minors toll until the child turns 18, at which point the two-year clock starts.
Even within these deadlines, evidence disappears fast. Intersection surveillance footage is typically overwritten within 30-90 days. Witness memories fade. Vehicle repair records get lost. The earlier you contact a car accident lawyer for a free consultation, the more evidence your legal team can preserve.
How Long Does It Take to Settle a Pedestrian Accident Case?
Most pedestrian accident cases in Los Angeles settle within 9 to 18 months. The timeline depends on three factors: injury severity, the at-fault party’s insurance limits, and whether the case goes to litigation.
Simple cases with clear liability and moderate injuries (a single fracture, soft tissue damage) can settle in 6 to 9 months once the client reaches maximum medical improvement (MMI). Complex cases involving TBIs, spinal injuries, or disputed liability often take 12 to 24 months, particularly if a lawsuit needs to be filed.
Insurance companies delay on purpose. Their adjusters know that injured pedestrians facing mounting medical bills feel pressure to accept lowball offers. In our experience, clients who wait until they finish treatment and let their attorney negotiate from a position of strength recover 2 to 3 times more than those who settle early.
Can You Sue a Pedestrian for Causing an Accident?
Yes. Drivers can sue pedestrians who cause accidents through negligent behavior. If a pedestrian darts into traffic, crosses against a signal, or walks while intoxicated and causes a collision, the driver (or their insurance company) may pursue a claim for vehicle damage, medical bills, and lost wages.
California’s comparative negligence system works both ways. A pedestrian found 60% at fault for causing a crash can still recover 40% of their damages from the driver. Conversely, a driver injured by a negligent pedestrian can recover their damages reduced by the driver’s own fault percentage.
What Should You Not Say to an Insurance Adjuster After a Pedestrian Accident?
Never say “I’m fine” or “I feel okay” to an insurance adjuster. These statements become evidence that your injuries were minor. Never apologize or say “I should have been more careful,” which the insurer will use to argue comparative fault.
Do not speculate about what happened. Stick to basic facts: date, time, location. Do not guess about your injuries or prognosis. Refer all questions to your attorney. Insurance adjusters record every conversation and will use your own words against you during settlement negotiations.
The safest approach is to provide only your name, contact information, and the statement: “I have an attorney who will be in contact with you.” That is all you are legally required to share.
Dangerous Intersections for Pedestrians in Los Angeles
Los Angeles consistently ranks as one of the most dangerous cities in the U.S. for pedestrians. According to the Los Angeles Department of Transportation, over 130 pedestrians die in traffic collisions in LA County each year.
High-risk corridors include Vermont Avenue, Western Avenue, Broadway in South LA, Hollywood Boulevard near Highland, and Figueroa Street through Downtown. The Vision Zero initiative identified these streets because they account for a disproportionate share of pedestrian fatalities relative to their traffic volume.
Hit-and-run accidents represent nearly half of all pedestrian fatalities in Los Angeles. California Vehicle Code § 20001 makes fleeing the scene of an injury accident a felony, but that does not help victims who cannot identify the driver. Uninsured motorist (UM) coverage on your own auto policy can cover a hit-and-run pedestrian accident. Even if you were walking, not driving, your own UM policy may apply.
How Our Los Angeles Pedestrian Accident Lawyers Build Your Case
At Borna Houman Law Group, we investigate every pedestrian accident case as if it is going to trial. That preparation is what drives higher settlements. Our process includes obtaining the police report and all witness statements within the first week, subpoenaing intersection camera footage before it gets deleted, hiring accident reconstruction experts for cases involving disputed liability, and coordinating with your medical team to ensure your treatment records support your claim.
We work with a proven process for accident cases that has recovered millions for our clients across Los Angeles County, from Downtown LA to Long Beach, Pasadena to Inglewood.
FAQ: Pedestrian Accident Claims in Los Angeles
What is the average payout for a pedestrian hit by a car in California?
Pedestrian accident settlements in California range from $50,000 for minor injuries to over $1 million for traumatic brain injuries or spinal cord damage. The average payout depends on medical expenses, lost income, pain and suffering, and the severity of negligence involved.
How long does it take to settle a pedestrian accident case in Los Angeles?
Most pedestrian accident cases settle within 9 to 18 months. Simple cases with clear liability may resolve in 6 to 9 months. Complex cases involving disputed fault or severe injuries can take 12 to 24 months, especially if litigation is required.
Can I sue if I was jaywalking when hit by a car in California?
Yes. California’s pure comparative negligence rule allows pedestrians to recover compensation even if jaywalking. Your recovery is reduced by your percentage of fault but not eliminated. Drivers must exercise due care for pedestrians at all times under Vehicle Code section 21954.
How much does a pedestrian accident lawyer cost in Los Angeles?
Most pedestrian accident lawyers in Los Angeles, including Borna Houman Law Group, work on contingency. You pay no upfront fees and nothing out of pocket. The attorney fee is a percentage of the settlement or verdict, typically 33-40%, collected only if you win.
What should I not say to an insurance adjuster after being hit as a pedestrian?
Never say you are fine, apologize, or speculate about what happened. Do not give a recorded statement without an attorney present. Provide only your name and contact information, then direct all questions to your lawyer.
What is the statute of limitations for a pedestrian accident in California?
Two years from the date of the accident under CCP section 335.1. Claims against government entities require a tort claim within six months under Government Code section 911.2. Missing these deadlines permanently bars your case.
Get a Free Consultation With a Los Angeles Pedestrian Accident Lawyer
If you or someone you love was hit by a car in Los Angeles, time is working against you. Evidence disappears, witnesses forget, and the statute of limitations does not wait. At Borna Houman Law, we offer a free, no-obligation consultation to review your case and explain your legal options. You pay nothing unless we recover compensation for you. Call us today or fill out our online contact form to speak with an experienced Los Angeles accident attorney.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes. Consult an attorney for your specific situation.