Calabasas, California
Pedestrian Accident Attorney in Calabasas, CA
Injured in a pedestrian accident in Calabasas? California Personal Injury Attorneys represent pedestrian accidents victims across Calabasas and all of Los Angeles County. No fee unless we recover for you. Free, confidential case review 24/7 — call (800) 800-8910.
Pedestrian accident claims in Calabasas, California
- How long do I have to file a personal injury claim in California?
- Most California personal injury claims must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). If the claim is against a city, county, transit agency, school district, or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2). Missing either deadline can end the claim permanently. Drivers must yield the right of way to a pedestrian in a marked or unmarked crosswalk at an intersection (Vehicle Code § 21950), and that section also requires drivers to exercise due care toward every pedestrian on a roadway. Since the Freedom to Walk Act (Assembly Bill 2147, effective January 1, 2023) amended Vehicle Code § 21955, crossing outside a crosswalk is not a citable offense unless there is an immediate danger of collision.
- What if I was partly at fault for the accident?
- California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Being partly at fault does not bar recovery — compensation is reduced by the injured person's own percentage of fault. Under Civil Code § 1431.2, economic damages are joint and several among defendants, while non-economic damages are apportioned by each defendant's share of fault.
- What does it cost to hire a personal injury attorney?
- These cases are handled on a contingency fee — no fee unless we win. If the lawsuit does not succeed, the firm does not charge the client. The initial consultation is free.
What to do after a pedestrian accident
- Call 911 and ask responding officers to note the crosswalk, signal phase and lighting conditions at the location.
- Get medical attention and follow through with the treatment your provider recommends; gaps in care are routinely used to dispute an injury.
- Report the incident and get the report number — a police, transit, or property-owner incident report creates a dated record.
- Photograph the scene, vehicles or hazard, and visible injuries, and write down the names and phone numbers of any witnesses.
- Give no recorded statement and sign no release or medical authorization for an insurer before getting legal advice.
- Note both deadlines that may apply — two years under Code of Civil Procedure § 335.1, and six months to present a claim to a public entity under Government Code § 911.2.
To speak with a California Personal Injury Attorneys lawyer about a pedestrian accident claim, call (800) 800-8910. The consultation is free and the line is answered 24 hours a day, Monday through Sunday.
Frequently asked questions
How long do I have to file a pedestrian accident lawsuit in Calabasas, CA?
Under California Code of Civil Procedure 335.1, you have 2 years from the date you were struck to file a personal injury lawsuit. Property damage claims have a 3-year limit. If the responsible party is a government entity (transit bus, dangerous crosswalk, missing signage), a Government Tort Claim must be filed within 6 months. Pedestrian injuries are usually severe, so contact a Calabasas pedestrian accident attorney immediately.
What should I do immediately after being hit by a car in Calabasas?
1) Call 911 immediately and accept paramedic transport even if you can stand — internal injuries are common. 2) Do not move from where you came to rest until medical personnel evaluate you. 3) If you can, photograph the vehicle, license plate, crosswalk, traffic signals, and the scene. 4) Get the driver's name, insurance, and license; collect witness contacts. 5) Do not admit fault or say you "stepped out." 6) Call California Personal Injury Attorneys before speaking to any insurer.
What if I was partially at fault for my Calabasas pedestrian accident?
California follows a pure comparative negligence system established in Li v. Yellow Cab Co. (1975). This means you can recover compensation even if you were partially at fault — your recovery is simply reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you can still recover $80,000. Insurance companies often try to inflate your percentage of fault to reduce their payout. An experienced Calabasas attorney will fight to keep your fault percentage as low as the evidence supports.
How is fault determined in a Calabasas pedestrian accident?
Fault is established through the police TC report, traffic-signal and surveillance cameras, witness statements, the driver's cell phone records (distraction), toxicology, vehicle damage patterns and pedestrian "throw distance," and reconstruction experts. California Vehicle Code 21950 grants pedestrians the right of way in marked and unmarked crosswalks, and drivers have a duty to exercise due care for the safety of any pedestrian on the road.
What damages can I recover from a pedestrian accident case in California?
California allows recovery of: economic damages (all past and future medical expenses, lost wages, lost earning capacity, property damage, out-of-pocket costs); non-economic damages (pain and suffering, emotional distress, loss of consortium, disfigurement, loss of enjoyment of life); and in cases of extreme misconduct, punitive damages under Civil Code 3294. There is no cap on personal injury damages in California — your recovery is limited only by the evidence and the defendant's ability to pay.
Will my case go to trial or settle?
The vast majority of California personal injury cases — approximately 95% — settle before trial. However, preparing every case as if it will go to trial is essential for achieving the best settlement. Insurance companies pay higher settlements when they know your attorney is trial-ready. California Personal Injury Attorneys has extensive trial experience in Los Angeles Superior Court, which gives us leverage in negotiations. If the insurance company refuses to offer fair compensation, we will take your case to trial.
How much is my Calabasas pedestrian accident case worth?
Because pedestrians have no protection, injuries are nearly always serious. Moderate-injury cases (fractures, concussion) typically settle for $100,000–$500,000. Cases involving surgery, TBI, or long-term disability frequently exceed $500,000–$1,500,000. Catastrophic cases (severe TBI, paralysis, amputation) and wrongful death claims can reach several million, especially where the driver was commercial, intoxicated, or distracted.
What if the driver fled the scene (hit and run)?
Hit-and-run pedestrian collisions are unfortunately common in Los Angeles County. Even if the driver is never caught, you may still recover under your own Uninsured Motorist (UM) coverage — California insurers are required to offer it. We also work with LAPD/LASD investigators, request video from nearby businesses and city cameras, and pursue any leads to identify the driver.
How long does a pedestrian accident case take to resolve in California?
Timeline varies: simple cases with clear liability and moderate injuries may resolve in 3–9 months. Cases with disputed liability, serious injuries, or complex medical treatment often take 1–3 years. Catastrophic injury and wrongful death cases may take 2–5 years if litigation is necessary. We advise waiting until your medical condition has stabilized (Maximum Medical Improvement) before settling to ensure all future costs are captured.
Do I have a case if I was not in a crosswalk?
Yes. While crosswalks give pedestrians clear right of way, California law still requires drivers to "exercise due care for the safety of any pedestrian upon a roadway" (Vehicle Code 21950(c)). Crossing outside a marked crosswalk may raise comparative-fault arguments, but it does not bar recovery — under pure comparative negligence, you can still recover even if you share fault. We frequently win cases for pedestrians struck outside crosswalks.
How long do I have to file a pedestrian accident lawsuit in Calabasas, CA?
Under California Code of Civil Procedure 335.1, you have 2 years from the date you were struck to file a personal injury lawsuit. Property damage claims have a 3-year limit. If the responsible party is a government entity (transit bus, dangerous crosswalk, missing signage), a Government Tort Claim must be filed within 6 months. Pedestrian injuries are usually severe, so contact a Calabasas pedestrian accident attorney immediately.
What should I do immediately after being hit by a car in Calabasas?
1) Call 911 immediately and accept paramedic transport even if you can stand — internal injuries are common. 2) Do not move from where you came to rest until medical personnel evaluate you. 3) If you can, photograph the vehicle, license plate, crosswalk, traffic signals, and the scene. 4) Get the driver's name, insurance, and license; collect witness contacts. 5) Do not admit fault or say you "stepped out." 6) Call California Personal Injury Attorneys before speaking to any insurer.
What if I was partially at fault for my Calabasas pedestrian accident?
California follows a pure comparative negligence system established in Li v. Yellow Cab Co. (1975). This means you can recover compensation even if you were partially at fault — your recovery is simply reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you can still recover $80,000. Insurance companies often try to inflate your percentage of fault to reduce their payout. An experienced Calabasas attorney will fight to keep your fault percentage as low as the evidence supports.
How is fault determined in a Calabasas pedestrian accident?
Fault is established through the police TC report, traffic-signal and surveillance cameras, witness statements, the driver's cell phone records (distraction), toxicology, vehicle damage patterns and pedestrian "throw distance," and reconstruction experts. California Vehicle Code 21950 grants pedestrians the right of way in marked and unmarked crosswalks, and drivers have a duty to exercise due care for the safety of any pedestrian on the road.
What damages can I recover from a pedestrian accident case in California?
California allows recovery of: economic damages (all past and future medical expenses, lost wages, lost earning capacity, property damage, out-of-pocket costs); non-economic damages (pain and suffering, emotional distress, loss of consortium, disfigurement, loss of enjoyment of life); and in cases of extreme misconduct, punitive damages under Civil Code 3294. There is no cap on personal injury damages in California — your recovery is limited only by the evidence and the defendant's ability to pay.
Will my case go to trial or settle?
The vast majority of California personal injury cases — approximately 95% — settle before trial. However, preparing every case as if it will go to trial is essential for achieving the best settlement. Insurance companies pay higher settlements when they know your attorney is trial-ready. California Personal Injury Attorneys has extensive trial experience in Los Angeles Superior Court, which gives us leverage in negotiations. If the insurance company refuses to offer fair compensation, we will take your case to trial.
How much is my Calabasas pedestrian accident case worth?
Because pedestrians have no protection, injuries are nearly always serious. Moderate-injury cases (fractures, concussion) typically settle for $100,000–$500,000. Cases involving surgery, TBI, or long-term disability frequently exceed $500,000–$1,500,000. Catastrophic cases (severe TBI, paralysis, amputation) and wrongful death claims can reach several million, especially where the driver was commercial, intoxicated, or distracted.
What if the driver fled the scene (hit and run)?
Hit-and-run pedestrian collisions are unfortunately common in Los Angeles County. Even if the driver is never caught, you may still recover under your own Uninsured Motorist (UM) coverage — California insurers are required to offer it. We also work with LAPD/LASD investigators, request video from nearby businesses and city cameras, and pursue any leads to identify the driver.
How long does a pedestrian accident case take to resolve in California?
Timeline varies: simple cases with clear liability and moderate injuries may resolve in 3–9 months. Cases with disputed liability, serious injuries, or complex medical treatment often take 1–3 years. Catastrophic injury and wrongful death cases may take 2–5 years if litigation is necessary. We advise waiting until your medical condition has stabilized (Maximum Medical Improvement) before settling to ensure all future costs are captured.
Do I have a case if I was not in a crosswalk?
Yes. While crosswalks give pedestrians clear right of way, California law still requires drivers to "exercise due care for the safety of any pedestrian upon a roadway" (Vehicle Code 21950(c)). Crossing outside a marked crosswalk may raise comparative-fault arguments, but it does not bar recovery — under pure comparative negligence, you can still recover even if you share fault. We frequently win cases for pedestrians struck outside crosswalks.