Reviewed by Adrianos Facchetti, Esq., California State Bar No. 243213. This web page has been evaluated for its accuracy, legal precision, and value to individuals who have been injured while walking in Santa Monica.
When an automobile runs into you as you walk along the road, the first elements that influence your claim usually include the evidence, the documentation, and the characterization of fault in the ensuing days. A Santa Monica personal injury lawyer will take into consideration whether the driver breached his duty by failing to yield and exercise reasonable care, whether there is any evidence left in the form of CCTV video and witness testimony, and whether the insurance company is already trying to hold you at fault.
There are some cases of pedestrian accident claims where crosswalk issues, severe injuries requiring extensive documentation, or a government agency is involved. You should seek a free consultation to figure out whether any of the above factors are relevant to your case.
When a Driver Strikes a Pedestrian, the Crosswalk Is Only Part of the Story
Pedestrians in California have real protection, but the law does not establish that they always have the right of way.
According to § 21950 of the California Vehicle Code, the drivers shall yield to pedestrians when they cross within a crosswalk marked or unmarked at the intersection. Moreover, the same section requires the drivers to reduce speed and do whatever is necessary to avoid pedestrians at the crosswalk. In turn, pedestrians may not leave suddenly the curb or any other place where they are walking and go into the path of a vehicle that is dangerously close to them.
Consequently, liability is usually based on the following factors:
✓Speeding, distraction, or turning without looking by a driver
✓Traffic lights at the time of the accident
✓Whether the crossing occurred in a marked crosswalk, an unmarked crosswalk at an intersection, or mid-block
✓Visibility and lighting
✓The pedestrian’s actions immediately before the collision
A crossing of the street outside the crosswalk does not mean automatic failure of a case. Drivers always have a duty to exercise reasonable care in relation to all other road users.
Evidence in Santa Monica Can Disappear Quickly
Footage is typically the strongest form of evidence in pedestrian cases because there are only seconds involved, and footage is also the evidence that is most easily lost.
Useful evidence may include:
✓Traffic-camera footage, where it exists and can be obtained
✓Surveillance video from nearby shops, restaurants, hotels, or apartment buildings
✓Dashcam footage from other drivers
✓Rideshare or delivery app data, if a working driver was involved
✓The police collision report
✓Witness names and statements
✓Photos of the vehicle, scene, signals, and crosswalk markings
✓Phone records, where lawfully obtainable and relevant to distraction
✓Medical records
✓Damaged clothing, shoes, or personal items
Many camera recording systems have a rolling system where new recordings replace the previous ones after some time, sometimes even after a few days. This does not happen in all cases of car accidents, but when it does, such recordings will settle a question of who was at fault because you will now be able to prove that you were right and not him.
Crosswalks, Daylighting, and Comparative Fault in California
Issues related to visibility at crosswalks have gained prominence in California. Under Section 22500 of the California Vehicle Code, daylighting in California generally bars the stoppage or parking of cars at a distance of 20 feet from the vehicle approach side of a crosswalk, with certain exceptions. The logic behind the prohibition is that parked vehicles are supposed to prevent the visibility of pedestrians stepping into the road.
Our overview of the California daylighting law describes why visibility issues at crosswalks have emerged as a crucial safety factor for pedestrians in the state. However, the presence of a parked car near a crosswalk does not mean automatically that any negligence has occurred. Visibility, road conditions, vehicle speed, actions of pedestrians, and other factors remain relevant.
California employs comparative negligence. If you walked outside of a crosswalk, ignored a traffic signal, were distracted by using your cell phone, and were not visible at night, that does not mean that you have no chance to bring a lawsuit. Your damages will be decreased according to your degree of fault in the accident. The conduct of the defendant is still relevant.
Santa Monica Location Details Should Help Explain the Claim
The location of the accident could play a practical role.
If the accident occurred on Santa Monica Boulevard, Wilshire Boulevard, or in close proximity to the Third Street Promenade in Downtown Santa Monica, there would likely be businesses that had video recording capabilities and potential witnesses. The accident involving intersections of Lincoln Boulevard and Pico Boulevard might have heavier vehicle flow through and turning vehicles. If it occurred around Ocean Avenue, there would probably be out-of-town tourists in abundance.
None of this means a particular street is more dangerous than another. It helps identify where to look for footage, who may have seen what happened, and how the road layout or signals may have played into the crash. The Santa Monica Police Department typically handles collision reports within city limits.
Who May Be Responsible Besides the Driver?
The driver is usually the main focus, but not always the only one. Depending on the facts, others may include:
- The driver’s employer, if the driver was working
- A commercial vehicle company
- Another negligent driver who contributed to the crash
- A vehicle owner, in the limited situations where California law allows owner liability
- A rideshare-related insurer, when a rideshare driver was logged into the app
- A public entity, if a dangerous condition of public property contributed
A city isn’t liable just because a crash happened on a public street. Claims against a public entity have their own legal requirements and defenses, and they depend on showing a legally recognized dangerous condition. If another vehicle was also involved, our Santa Monica car accident guidance explains how fault and insurance issues may overlap.
Serious Pedestrian Injuries May Affect Both Current and Future Losses
A pedestrian does not have any protection when involved in an accident. The injuries could include bone breaks, head trauma or brain trauma, spinal trauma, internal trauma, pelvic trauma, soft tissue trauma, scarring, and mobility issues.
Medical documentation ties your diagnosis to the crash and shows your treatment, recovery time, work limits, and future needs. Gaps in treatment are something insurers often point to.
Possible economic losses:
✓Emergency care and hospitalization
✓Surgery
✓Rehabilitation
✓Medication
✓Future medical care, where supported
✓Lost wages
✓Reduced earning capacity, where supported
Possible non-economic losses:
✓Physical pain
✓Emotional distress
✓Loss of enjoyment of life
✓Permanent impairment, where supported
No particular recovery can be promised. What’s available depends on the facts and evidence.
There Is No Reliable “Average” Pedestrian Accident Settlement
Published averages tend to lump together very different cases, from a bruised knee to a permanent brain injury. That makes them a poor guide for any one person.
What a claim is worth usually depends on:
✓How serious the injury is
✓How long treatment lasts
✓Whether there are permanent limitations
✓Lost income and future care needs
✓Insurance policy limits
✓Whether liability is disputed
✓Any comparative fault
✓How many parties may be responsible
✓The strength of the evidence
Our discussion of compensation after a pedestrian is hit by a car explains why injury severity, insurance coverage, fault, and long-term effects matter more than a generic settlement average.
Deadlines Can Change When a Public Entity Is Involved
Personal injury cases against private entities in California fall within the general two-year limitation period as prescribed by California Code of Civil Procedure § 335.1. However, exceptions are bound to alter the time limit, making it risky to assume that the period applicable in all situations is two years.
Claims against governmental parties operate on a different set of timelines. Claims of personal injuries due to some government property conditions are required to present a claim for compensation within six months as provided in California Government Code § 911.2. These cases may arise from dangerous public property conditions or certain government vehicles; however, not all accidents on public roads fall under this category.
Free Case Review After Santa Monica Pedestrian Accident
In case you have been injured in a pedestrian accident in Santa Monica, Law Offices of Adrianos Facchetti provides you with a complimentary consultation in order to discuss the location of the accident, information regarding the driver, the report of the police, and any photographs and/or information regarding witnesses, which you might have.
We can also consider your treatment history and any contact letters received from any insurance companies. We will further review whether video evidence is available nearby and must be obtained before it gets destroyed. From here, we will discuss the possible options that can be realistically considered. Our contingency fee model implies that we work for free unless there is a recovery in your case.
