Who Is at Fault When a Pedestrian Is Hit in California?

Most people assume a pedestrian always has the right of way, or that a driver is automatically at fault when someone on foot gets hit. Neither is true in California. Lem Garcia of Lem Garcia Law breaks down how crosswalk law and comparative fault actually work, what jaywalking does and doesn't do to a claim, and the injuries, insurance, and deadlines that decide what a pedestrian case is worth. Questions answered in this episode: When does a pedestrian have the right of way, and when does a driver? Is the driver always at fault when a pedestrian is hit in California? What is jaywalking, and does it automatically end a pedestrian's claim? How does comparative fault reduce a pedestrian's recovery? What insurance covers a pedestrian who has been hit? Can a pedestrian still recover when the driver flees the scene? What is the deadline to file a pedestrian accident claim in California? Topics covered: marked and unmarked crosswalks, pedestrian signal right-of-way, California's pure comparative negligence rule, the California Freedom to Walk Act (2023), distracted and impaired driving, evidence preservation and surveillance footage, child and elderly pedestrian vulnerability, traumatic brain and spinal cord injuries, maximum medical improvement, hit-and-run reporting requirements, uninsured and underinsured motorist coverage, California's minimum liability limits, and the two-year statute of limitations. Lem Garcia on right of way: "Nobody should ever insist on their right of way. Being legally right will not protect you from a 4,000-pound vehicle." Lem Garcia on jaywalking: "Jaywalking absolutely does not automatically end the pedestrian's claim." Lem Garcia Law - West Covina, CA - 12 years, seven-figure recoveries, no recovery/no fee, lemgarcialaw.com | (626) 337-1111 | West Covina, CA | Oceanside, CA #PedestrianAccidentLawyer #CrosswalkLawCalifornia #JaywalkingClaim #WestCovinaPedestrian #CaliforniaComparativeNegligence #LemGarciaLaw The information in this episode is general California legal information, not legal advice for your specific situation. For advice on your case, contact Lem Garcia Law at (626) 337-1111 for a free consultation. Chapters 00:00:00 Welcome back to Car Accident Playbook with Lem Garcia 00:01:21 When Does a West Covina Pedestrian Have the Right of Way? 00:03:42 What's the Difference Between a Marked and Unmarked Crosswalk? 00:05:07 Do Pedestrian Signals Override a Driver's Green Light in California? 00:06:56 How Is Fault Decided When a Pedestrian Is Hit in West Covina? 00:08:43 Is the Driver Always at Fault When a Pedestrian Is Hit in California? 00:10:06 What Is Jaywalking, and Does It End a California Pedestrian Claim? 00:11:50 How Does Comparative Fault Reduce a Pedestrian's Recovery? 00:14:24 What Driver Behaviors Most Often Cause Pedestrian Crashes? 00:16:26 How Do Distracted and Impaired Driving Affect a Pedestrian Case? 00:17:57 What Evidence Matters Most in a West Covina Pedestrian Case? 00:19:32 Why Are Children and Older Pedestrians at Higher Risk? 00:21:30 What Injuries Are Most Common When a Pedestrian Is Hit by a Car? 00:23:18 How Do Brain or Spinal Injuries Change a Pedestrian Case? 00:25:14 What Should a West Covina Pedestrian Do After a Hit-and-Run? 00:27:11 Can a Pedestrian Still Recover When the Driver Flees in California? 00:28:30 What Insurance Covers a Pedestrian Who's Been Hit in California? 00:30:14 What Is a Pedestrian Accident Case Typically Worth in California? 00:32:11 What Is the Deadline to File a Pedestrian Claim in California? 00:34:01 When Should an Injured West Covina Pedestrian Talk to a Lawyer? 00:35:54 How Does a Contingency Fee Work for a Pedestrian Accident Claim? 00:38:31 Lem Garcia's Final Word for Injured West Covina Pedestrians