Tustin Pedestrian Accident Lawyer

Pedestrian Rights Under California Law

California's Vehicle Code puts most of the duty of care on drivers:

• Crosswalks. Drivers must yield to a pedestrian in any marked crosswalk, or in an unmarked crosswalk at an intersection, and must slow down or take other action to keep the pedestrian safe (Vehicle Code section 21950).
• Driveways. A driver crossing a sidewalk to enter or leave a driveway or alley must yield to anyone walking on it (section 21952).
• Outside a crosswalk. A pedestrian crossing mid-block must yield to vehicles close enough to be an immediate hazard, but the driver still has a duty to use due care for anyone in the road (section 21954).
• "Jaywalking." Since 2023, under the Freedom to Walk Act, police generally can't stop a pedestrian for crossing outside a crosswalk unless there was an immediate danger of a collision. Crossing mid-block doesn't automatically mean the crash was your fault.

Pedestrians also have a duty to be careful; for example, you can't step off the curb into the path of a car that's too close to stop. That's where most of the fight over fault happens.

How Pedestrian Accidents Happen in Tustin

Most of the cases I see involve a driver who wasn't looking for someone on foot:

• drivers turning left or right across a crosswalk while watching oncoming traffic instead of the people crossing
• right turns on red without a full stop
• drivers backing out of spaces in busy shopping centers like Tustin Market Place and The District at Tustin Legacy
• speeding and distracted driving on wide streets such as Red Hill Avenue, Newport Avenue, Tustin Ranch Road and Jamboree Road
• drunk or drugged drivers, and hit-and-run drivers who leave the scene
• children walking to school who are hard to see between parked cars

What If the Insurer Says You Were Partly at Fault?

This is the most common tactic in pedestrian cases. The adjuster may say you were wearing dark clothes, looking at your phone, or crossing against the signal, and offer a fraction of what your claim is worth.

California follows "pure comparative fault." Even if you were partly responsible, you can still recover. Your compensation is reduced by your share of fault, not erased. If a jury found you 20% at fault, you would still recover 80% of your damages. In my experience, insurers often overstate the pedestrian's share, and good evidence brings it back down.

Evidence That Wins Pedestrian Cases

I start gathering evidence right away, because some of it disappears within days:

• the police report and any statements the driver made at the scene
• video from traffic cameras, businesses, buses and doorbell cameras (see how to get traffic camera footage)
• signal timing, sight lines and lighting at the crossing
• damage to the car, which can show speed and point of impact
• witness names and statements

My degree is in mechanical engineering, and I use that background with accident reconstruction to show how fast the car was going and whether the driver had time to stop.

What Your Claim Can Cover

A pedestrian injury claim can include your medical bills (now and in the future), lost wages and earning capacity, physical therapy, help at home, and compensation for pain, suffering and the ways the injury limits your life. If the driver had little or no insurance, your own uninsured motorist coverage may still protect you, even though you weren't in a car. Over my career I've recovered over $20 million for my clients in total.

How Fees Work: No Recovery, No Fee Guarantee

I handle pedestrian accident cases on a contingency fee. You pay nothing upfront. I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Pedestrian Accident FAQs

Can I still recover if I wasn't in a crosswalk?

Often, yes. Drivers must use due care for anyone in the road. If you were partly at fault, California's comparative fault rule reduces your compensation by your share of fault, but doesn't take it away.

Who pays my medical bills after a pedestrian accident?

Usually the driver's liability insurance, once fault is established. In the meantime, your own health insurance or the medical payments coverage on your auto policy may help, and your uninsured or underinsured motorist coverage can apply if the driver's insurance is too small.

What if the driver who hit me drove off?

Report it to the police within 24 hours. If the driver is never found, your own uninsured motorist coverage can cover a hit-and-run if the car made physical contact with you, and you must also notify your insurer in writing within 30 days.

How long do I have to file a pedestrian accident claim in California?

Generally two years from the date of the injury. If a city or other public agency is involved, for example a city vehicle or a dangerous crosswalk, a government claim usually has to be filed within six months.

How much is a pedestrian accident case worth?

It depends on your injuries, your medical costs and lost income, how the injury affects your life, and the insurance available. I can give you a realistic view once I've seen your records.

Talk to a Tustin Pedestrian Accident Lawyer

If you were hit by a car while walking, call me at (714) 461-6003 or request a free consultation. I'll review what happened, explain your options and tell you honestly how I can help. You can also read more about my background or see the other types of injury cases I handle, including car accidents and bicycle accidents.