Aspet Bianslaw
When a driver accidentally hits a pedestrian in California, several things happen at once. Legally, the driver must stop immediately, call 911, render reasonable aid, and exchange information. Civilly, the driver and their insurer may be liable for the pedestrian’s injuries. Depending on the facts, the driver could also face a traffic citation or, in serious cases involving negligence or a hit and run, criminal charges. Meanwhile, the injured pedestrian has the right to pursue compensation.
These cases move fast and the stakes are high for everyone involved. At Babaians Law Firm, a California practice serving Rancho Cucamonga and the Inland Empire, a Rancho Cucamonga pedestrian accident lawyer helps injured pedestrians understand exactly what happens next and how to protect their rights.
Under California law, a driver who hits a pedestrian, even accidentally, must take specific steps. Failing to do them turns an accident into a far more serious legal problem.
A driver who does all of this has met their legal obligations at the scene, even though they may still be civilly liable for the pedestrian’s injuries.
“Accidentally” does not mean “without fault.” In personal injury law, fault is about negligence, meaning whether someone failed to act with reasonable care. A driver who hit a pedestrian while speeding, distracted, or failing to yield at a crosswalk is typically at fault, even if they never intended to cause harm.
That said, pedestrians can share fault too, for example, if they crossed against a signal or stepped into traffic outside a crosswalk. According to the National Highway Traffic Safety Administration, pedestrian injuries are frequently severe because there is no protection between the person and the vehicle, which makes establishing fault accurately especially important. Our pedestrian accident attorneys investigate the facts to determine who was truly responsible.
A pedestrian hurt by a negligent driver can pursue a personal injury claim for medical bills, future treatment, lost wages, reduced earning capacity, and pain and suffering. Because pedestrian injuries are often catastrophic, including fractures, head trauma, and spinal damage, these claims can be substantial.
The driver’s auto insurance is usually the primary source of compensation. If the driver was uninsured, the pedestrian may be able to recover through their own uninsured motorist coverage. A Rancho Cucamonga pedestrian accident lawyer identifies every available source of recovery so the injured person is not left covering costs alone.
Here is the misconception that costs injured pedestrians the most. Many people, including injured pedestrians themselves, believe that if the person was not in a marked crosswalk, the driver is automatically off the hook. That is simply not how California law works.
California drivers have a duty to exercise reasonable care to avoid hitting any pedestrian, in a crosswalk or not. A driver who was speeding, looking at a phone, or failing to watch the road can be held liable even if the pedestrian was jaywalking. The pedestrian’s location affects the comparative fault analysis, it may reduce their recovery, but it rarely eliminates it under California’s pure comparative negligence rule. Insurers exploit the crosswalk myth aggressively, telling injured pedestrians they have no case because they “weren’t in the crosswalk,” hoping they will give up before talking to a lawyer. A rancho cucamonga pedestrian accident lawyer knows that the real question is not only where the pedestrian was, but whether the driver exercised reasonable care, and that distinction often unlocks a claim the victim assumed was worthless.
California’s pure comparative negligence rule means a pedestrian can recover even if partly at fault, with their award reduced by their share of blame. A pedestrian found 30 percent at fault for crossing mid-block still recovers 70 percent of their damages. The California Courts self-help resources explain how this fault sharing works. A Rancho Cucamonga pedestrian accident lawyer uses traffic footage, witness statements, and the police report to keep the pedestrian’s fault percentage accurate and as low as the facts support.
At Babaians Law Firm, pedestrian cases get a thorough, evidence-driven approach. The firm gathers traffic and security footage, secures the police report, interviews witnesses, and pushes back against the crosswalk myth and other tactics insurers use to deny or reduce a claim.
The team knows the high-traffic corridors and intersections where Rancho Cucamonga pedestrian accidents happen most, from Foothill Boulevard to the areas around Victoria Gardens. You can learn more about our firm and the areas we serve across California.
Stop, call 911, render aid, exchange information, and wait for police. Leaving the scene turns an accident into a hit and run with serious consequences.
Not always, but usually, when the driver was speeding, distracted, or failed to yield. Pedestrians can share fault, which reduces but rarely eliminates their recovery.
Often yes. California drivers must exercise reasonable care everywhere, and a negligent driver can be liable even when the pedestrian was outside a crosswalk.
Medical bills, future treatment, lost wages, reduced earning capacity, and pain and suffering, typically through the driver’s insurance or their own uninsured motorist coverage.
Generally, two years from the date of the accident. Claims against a government entity may have a six-month deadline.
We take on fewer cases to give every client the focus they deserve. Unlike high-volume firms where cases get lost in the shuffle, we prioritize quality over quantity, delivering the attention and results your case deserves. Experience the difference with our dedicated team.
Great female led personal injury firm with good results and settlements. I highly recommend this law firm for personal injury related matters in Los Angeles and California in general.