Approximately 5,000 pedestrians each year die in motor vehicle-related accidents. Yearly more than 78,000 pedestrians suffer injuries when hit by a car or truck. In addition, the National Highway Traffic Safety Association (NHTSA) reports that each year thousands of non-vehicular pedestrian accidents also occur.  A pedestrian may recover damages for their injuries if they were caused by someone else's negligence.


The legal term for the failure to do (or not do) something that a reasonable person would, in a similar situation, in order to protect others from foreseeable risks is considered negligence. In order to establish negligence in a pedestrian accident, the injured person (plaintiff) must prove the person at fault. 


  • Owed a legal duty to the plaintiff under the circumstances, and action (or through a failure to act); and

  • Caused an accident or injury involving the plaintiff; and

  • Harmed or injured the plaintiff as a result.


The outcome of each case will depend upon a careful analysis of the facts of each accident as they relate to each of these essential elements. Important factors are:


  • The driver of a vehicle that strikes a pedestrian in a crosswalk

  • Driver inattention

  • Drivers speeding

  • Pedestrians who have the right of way


The early involvement of a personal injury attorney with experience helping injured pedestrians is the best way to assess and protect any potential legal claim.  If you have been injured in a pedestrian or other auto accident, schedule a consultation call our offices in California. The consultation is free and, if you retain our services, you pay no fees or costs unless we recover for you.    If you have a question and wish to contact an experienced pedestrian accident attorney by email:, you are welcome to contact us online.          


Pedestrian - Vehicle Accidents 

Usually, any recovery in a pedestrian negligence case involving a motor vehicle will hinge upon the exact duty of care owed by those involved. Both drivers and pedestrians must adhere to the laws of the road and exercise reasonable care. In many cases, it may seem obvious who was careless or negligent, but the courts look to a number of factors in applying the facts of each case to the elements of a "negligence" claim. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence.


Driver’s Duty of Care

Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Any failure to use reasonable care is considered negligence. A few of the most common factors contributing to driver negligence are:


  • An inattentive or pre-occupied driver i.e. talking on a cell phone.

  • A driver’s failure to observe posted speed limits

  • A driver’s failure to yield the right of way to pedestrians at marked crosswalks

  • Disobeying traffic signs or signals

  • Failing to signal while turning

  • Disregarding weather or traffic conditions

  • Driving under the influence of drugs or alcohol

If You are Injured in a Pedestrian Accident  

Be aware that those who may be legally responsible for your injuries might try to blame you for the accident, by claiming that your own negligence was the cause of what happened. If you have been involved in a pedestrian accident, you should do the following:


  • Call the police immediately.

  • Gather names and phone numbers of any witnesses.

  • Do not make any statements to anyone, including drivers and insurers.

  • Take photos of the vehicles involved and the scene of the accident to help prove your claim.

  • Get the at-fault party's insurance information and write it down.

  • Call a qualified and experienced pedestrian accident or personal injury attorney as soon as possible.

Other Pedestrian Accidents

Unfortunately, pedestrians were one of the few groups of road users to experience an increase in fatalities in the United States in 2011, totaling 4,432 deaths. 


We know how to investigate these accident claims and can fight to help you recover the financial compensation you deserve. For a free consultation Contact Barry J. Simon an experienced California Pedestrian Accident Lawyer who specializes in Personal Injury. Call toll free:  (877) 733-4393   email at or complete the contact information form.


Pedestrian Accidents​

"Barry represented me in a case where I was hit by a car while at work. Even though the case got a bit complicated at times, Barry always made the process very simple and easy. He took care of everything for me. I would absolutely recommend his services to anyone in need of legal help. He's the best!!!"     

Dale Blag

Sacramento, California



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Disclaimer:   The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship.   Any results set forth here were dependent on the facts of that case and the results will differ from case to case.   The Law Offices of Barry J. Simon serves all of California.   In addition, we represent clients in various other states through our affiliations with local law firms.   Through the local firm, we will be admitted to practice law in their state, pro hac vice. Cookies & Privacy Policy  Copyright © 1987-2021 The Law Offices of Barry J. Simon Personal Injury Attorney - All rights reserved.  Location: California  Tel: (877) 733--4393    Email: