hit by a car lawyer

Can I Recover Compensation if I Was Hit by a Car Outside the Crosswalk in California?

Know Your Rights After You Have Been Hit by a Car: Why Your Can Recover Compensation if You Were Outside a Crosswalk

One of the most serious types of accidents is when a person is hit by a car.  Pedestrians hit by a car often suffer significant and life-threatening injuries because they do not have any protections like an air bag, seat belt, or even just the walls of a car around them.  Statistics reveal that over 6,000 pedestrians are killed each year after being hit by a car in the United States.  What is particularly troubling is that California accounts for one-sixth (1/6) of all traffic fatalities in the United States, amounting to roughly 1,000 pedestrian deaths in the Golden State each year.  While this may come to a surprise to some people, our Los Angeles pedestrian knockdown lawyers know these statistics all too well.

That is because the Broadway Law Firm in LA, California handles all types of serious personal injury accident—including pedestrian knockdowns and other traffic fatalities.  We have handled some of the most devastating hit by car cases resulting in traumatic brain injuries (TBIs), amputations, spinal cord injuries, paralysis, and other catastrophic harm including wrongful death.  If you or a loved one were seriously injured in a pedestrian hit by car accident in California, call for a FREE consultation to learn how we can help protect you and your family by recovering compensation for medical bills, lost wages, pain and suffering, loss of consortium, and other damages in California.  Call 213.344.0067 to schedule your FREE consultation with our Los Angeles hit by car lawyers today.

Liability When Hit by a Car in a Crosswalk

Everyone knows that being hit by a car in a crosswalk is a solid case.  That is because California Vehicle Code section 21950 provides that “[t]he driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection . . . .”  The failure to do this by striking or injuries an innocent person can result in an automatic finding of negligence and liability against a defendant.

There are very few defenses when a driver has hit you while you were in a crosswalk.  Most of the defenses are fact-based, such as when a defendant claims that you may have been wailing against the light, were intoxicated, suddenly stepped out from the curb, or were otherwise not watching where you were going.

What is Liability if You are Hit by a Car Outside of the Crosswalk?

If you are hit by a car outside of a crosswalk, you still have significant legal rights in California.  There are generally two issues to consider.

First, were you in an unmarked crosswalk?  Unmarked crosswalks are areas of the sidewalk and roadway which would naturally create a sidewalk.  These are areas such as corners, driveways, alleyways, parking lots, or other areas across a right-of-way of traffic where a pedestrian could be expected to cross safely.  If you are hit within an unmarked crosswalk, California Vehicle Code section 21950 may still apply to you as if you were in a marked crosswalk.

Second, if you were outside a crosswalk and not in an area that would be considered an unmarked crosswalk, you may still have legal rights.  This is because the California Legislature declared under Vehicle Code section 21949 that it is the public policy of the state to provide “safe and convenient pedestrian travel and access[.]”  Part of this includes ensuring that motorists still use reasonable care in the use or operation of their motor vehicles to ensure to not cause serious injury or harm to a pedestrian unnecessarily.  This includes operating a vehicle in a controlled manner, and not in a reckless or dangerous manner which also violates the vehicle code.

Comparative Fault When Hit by a Car Outside a Crosswalk

While there are more defenses that a defendant will try to employ against a person who is hit by a car outside of a crosswalk, one of the most common is that the victim was comparatively at fault.  This is actually an attack on the measure of damages.  That is because California law allows a victim who is injured to still recover compensation if he or she partially caused his or her accident.  However, that level of fault that a victim has will be used to proportionately reduced his or her award.

For example, if a pedestrian was found to be 20% at fault for stepping off of the curb too soon and not looking, and the pedestrian was awarded $100,000 at trial, a court will likely reduce the award from $100,000 to $80,000.

Were You Hit by a Car Outside of the Crosswalk?  Call Our Law Firm

Anytime a person is hit by a car it has the potential to be life changing and traumatic.  It can also be fatal.  Victims who are seriously injury, or families who have lost a loved one, should call our Los Angeles hit by car lawyers at the Broadway Law Firm in California.  We have a proven track record of success handling all types of traffic accidents, including pedestrian knockdowns.  Our firm has the skill and resources necessary to not only establish liability, but also to prove damages by demonstrating to a jury your injuries and future needs.

Our law firm also offers:

  • FREE consultations 
  • No Win, No Fee Guarantee
  • Our attorney’s fees are only a percentage of what we recover for you, and only after we recover it for you
  • We pay the upfront costs of litigation and filing fees, which are only reimbursed if we win or settle your case, and
  • We offer personalized and compassionate care to each and every one of our clients.

Learn more how we can help you during your FREE consultation by dialing 213.344.0067 or sending us an email through our easy-to-use “contact us” box available here.

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