Bianca Babaians
If a driver’s negligence caused a crash that hurt you while you were walking in Rancho Cucamonga, you can recover compensation for medical bills, lost income, and pain and suffering. You can still recover if you were outside a crosswalk or partly at fault: California drivers owe pedestrians a duty of care everywhere, and fault is divided by percentage rather than all-or-nothing. Babaians Law Firm represents injured pedestrians in Rancho Cucamonga and the Inland Empire on contingency: no fee unless we recover compensation for you, and your first consultation is free. Call (818) 334-2981; hablamos español.
Usually the driver, when the driver failed to use reasonable care, but fault can be shared. Under Vehicle Code § 21950, a driver must yield to a pedestrian crossing in any marked crosswalk or any unmarked crosswalk at an intersection, and must exercise all due care and slow down or take other action as needed to protect the pedestrian. Pedestrians also have duties: they must use due care for their own safety and may not suddenly step into the path of a vehicle too close to yield. When fault is disputed, evidence decides it. See how California’s fault rule works.
Yes, often. Outside a crosswalk, Vehicle Code § 21954 requires a pedestrian to yield to vehicles close enough to be an immediate hazard, but the same section preserves the driver’s duty to exercise due care for the safety of any pedestrian on the roadway. Being outside a crosswalk can reduce your recovery by your percentage of fault; it does not erase your claim. Two points are often missed:
California uses pure comparative negligence: your damages are reduced by your percentage of fault, and no percentage bars recovery. An illustration, not a real case: $100,000 in damages and you are found 30% at fault, so you recover $70,000.
A driver involved in a crash that injures anyone must immediately stop at the scene, give their name, address, license and vehicle registration information to the injured person or a police officer, and render reasonable assistance, including arranging transportation to a hospital if treatment appears necessary (Vehicle Code §§ 20001, 20003 and 20004). Leaving the scene of an injury crash is hit and run, which California can charge as a felony or a misdemeanor, regardless of who was at fault. A driver who meets these duties has not admitted fault and may still be civilly liable for the pedestrian’s injuries. If a driver left the scene, tell police immediately; see below for recovery options.
The driver’s auto insurance is usually the primary source. If the driver was uninsured, underinsured, or left the scene, your own uninsured motorist coverage may apply. See uninsured motorist claims. [Attorney to confirm how UM coverage applies to pedestrians and hit-and-run drivers.] We do not promise outcomes.
Generally two years from the date of injury to file a personal injury lawsuit (Code of Civil Procedure § 335.1). If a government entity may share fault, for example because of a dangerous road or crosswalk condition, you generally must present a claim within six months. See our statute of limitations guide.
Pedestrians have no protection in a collision. NHTSA reports that 7,080 pedestrians were killed in U.S. traffic crashes in 2024, about 18% of all traffic deaths, and that 90% of pedestrian fatalities occurred in single-vehicle crashes. The Governors Highway Safety Association found that fatal pedestrian crashes at night rose 84% between 2010 and 2023, and that 65% of pedestrian deaths in 2023 occurred in locations without a sidewalk.
We investigate the crash, gather traffic and security video, secure the police report, interview witnesses, and push back when an insurer uses the crosswalk argument to deny or shrink a claim. We work on contingency: no fee unless we recover compensation for you.
Call or text (818) 334-2981 or request a free case evaluation. Hablamos español.
Pedestrian accident lawyers in California · Personal injury lawyer Rancho Cucamonga · California’s 51% rule · Rancho Cucamonga motorcycle accident lawyer
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.
