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Pedestrian Accident FAQs

If you or a loved one was injured in an accident as a pedestrian, it is important to understand your rights. The motorist or other responsible party may owe you reimbursement due to negligence.


I was in an accident with a motor vehicle as a pedestrian. What should I do?

  • Take down a detailed account of everything you remember from the accident.
  • Take notes regarding conversations with involved parties.
  • Collect physical items and take photographs of the scene for evidence.
  • Contact potential witnesses, if possible.
  • Collaborate with an experienced attorney.

Do I really need an attorney for my pedestrian accident case?

Legal representation is always advised. In the event of disputes with the motorist’s insurance company or any determination of comparative negligence, it is best to collaborate with someone who knows your rights. Expert witnesses can also be called in to better defend you.

How soon should I contact an attorney following my accident?

As soon as possible. If we work together with accurate evidence and comprehensive witness recollection, we are able to act fast and reap the best reparations for you. In California, the statute of limitations following an accident is one year. However, it’s important to act within the first few days or weeks.

What should I bring to my meeting with an attorney?

Be prepared for your meeting with all relevant documents, including:

  • Police reports
  • Medical bills or reports
  • Insurance information from the driver
  • Photographs of the accident, if possible
  • Your assessment of damages or injury

Any existing documents you do not yet have, we can obtain through investigation.

What damages can I expect from my lawsuit?

You can potentially be reimbursed for medical bills, loss of wages, and pain and suffering – all current and future – as a result of the accident.

Is there automatic fault for the driver if I was walking in a crosswalk?

Nothing is automatic, but most pedestrians who were in a crosswalk at the time of the accident will be compensated. California law states that in the absence of traffic lights, such as at a stop sign or unmarked intersection, crosswalks should be treated as a stop where the pedestrian has the right of way.

Are there any specific duties that pedestrians owe to drivers?

As a pedestrian, it is your duty to pay attention to motorists and obey the rules of the road. If a pedestrian offers no caution when crossing a street, he or she can be at fault for the resulting accident.

Are there any specific duties that drivers owe to pedestrians?

All motorists are required to obey all rules of the road, including respecting traffic lights, yielding for crosswalks, and watching for pedestrians. Special care should be given for pedestrians because of the serious threat motor vehicles pose.

If I was outside of a crosswalk, am I at partial fault for the accident?

Potentially, but not automatically. The specifics of your case must be looked over by a pedestrian accident attorney to help you determine the validity of your case. Ultimately, a court of law will determine the percentage of fault, and damages can be split by this percentage.

Can any other party besides the motorist be at fault for this accident?

This depends on the nature of the case. For example, if the accident occurs due to a faulty vehicle part, the manufacturer may be sued.

If my loved one was a pedestrian killed by a driver, may I sue on his or her behalf?

Yes; however, this would more likely result in a wrongful death claim rather than a pedestrian accident claim.


For more information on how you can file a personal injury lawsuit for a pedestrian accident, contact the law offices of Estey & Bomberger.