West Covina Pedestrian Accident Attorney

When a Driver Fails to Yield.

Right of way and roadway evidence can shape the claim.

A pedestrian struck by a vehicle can suffer serious injuries even in a collision that occurs at relatively low speed. Unlike someone inside a car, a person on foot has little physical protection from the force of impact.

The Law Firm of Oscar A. Ischiu represents pedestrians injured in West Covina, throughout the San Gabriel Valley, and across Los Angeles County. These cases can involve drivers who fail to yield, distracted or speeding motorists, unsafe turns, hit-and-run collisions, and disputes over whether the pedestrian or driver had the right-of-way.

Pedestrian accident claims are not decided by one fact alone. Where the pedestrian was crossing, what the driver could see, the traffic controls, vehicle speed, witness accounts, video, and other evidence can all affect the determination of fault.

Common Causes of Pedestrian Accidents

Many pedestrian collisions happen because a driver does not recognize or respond to a person in the roadway in time. Common circumstances include:

• Drivers failing to yield at marked or unmarked crosswalks
• Unsafe right or left turns at intersections
• Distracted driving, including handheld phone use
• Speeding or driving too fast for traffic and visibility conditions
• Drivers backing out of driveways or parking spaces without seeing a pedestrian
• Failure to stop at traffic signals or stop signs
• Impaired driving
• Reduced visibility at night
• Hit-and-run collisions

The cause matters because a pedestrian injury claim requires evidence showing how another person’s negligence contributed to the collision and resulting injuries.

Who Has the Right-of-Way in a California Crosswalk?

California Vehicle Code section 21950 generally requires drivers to yield to pedestrians crossing within a marked crosswalk or an unmarked crosswalk at an intersection. Drivers approaching pedestrians in those areas must also exercise due care and take reasonable steps to protect them.

Pedestrians have responsibilities as well. California law does not permit a pedestrian to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to create an immediate hazard.

When someone crosses outside a marked or unmarked crosswalk, different right-of-way rules can apply. A pedestrian may be required to yield to approaching vehicles, but drivers still have a duty to use reasonable care.

For that reason, being outside a crosswalk does not automatically mean a pedestrian has no claim, just as being inside a crosswalk does not automatically resolve every question of liability.

What If the Pedestrian Is Partly at Fault?

California uses comparative fault. More than one person can share responsibility for an accident.

For example, an insurance company may argue that a pedestrian crossed outside a crosswalk, entered the roadway unexpectedly, or did not follow a traffic signal. At the same time, evidence may show that the driver was speeding, distracted, failed to react to a visible pedestrian, or otherwise contributed to the collision.

If an injured pedestrian is found partly responsible, that does not necessarily prevent recovery. The amount recoverable can instead be reduced according to the pedestrian’s percentage of fault.

Common Injuries After a Pedestrian Accident

The lack of protection around a pedestrian can lead to substantial injuries. Depending on the collision, these may include:

• Broken bones and fractures
• Head injuries and traumatic brain injuries
• Neck and back injuries
• Spinal cord injuries
• Internal injuries
• Knee, hip, shoulder, and other orthopedic injuries
• Lacerations, abrasions, and scarring
• Permanent physical impairment

An injury claim may involve medical expenses, lost earnings, future medical needs, reduced earning capacity, and non-economic harm such as physical pain, emotional distress, physical impairment, and loss of enjoyment of life. The damages available depend on the injuries and the evidence supporting those losses.

Evidence That Can Help Establish What Happened

Pedestrian accidents often lead to conflicting accounts. A driver may say the pedestrian entered traffic suddenly, while the pedestrian may remember having the right-of-way or being visible long before the impact.

Useful evidence can include photographs of the scene, crosswalks and traffic controls, surveillance or dashcam video, witness information, police reports, vehicle damage, skid marks, debris, and medical records.

Video can be particularly important at intersections, parking lots, and commercial areas. Nearby businesses or residences may have cameras that captured part of the collision, but recordings may not be kept indefinitely. Preserving time-sensitive evidence early can help clarify what occurred before it disappears.

What to Do After Being Hit by a Car

• Call 911 when emergency assistance is needed and report the collision.
• Get medical attention, especially after a significant impact or when symptoms develop.
• If possible, photograph the roadway, vehicle, traffic signals, crosswalk, and surrounding area.
• Obtain the driver’s name, contact information, license plate, and insurance information.
• Collect contact information from witnesses.
• Keep medical records, bills, photographs, wage-loss information, and insurance correspondence.
• Avoid guessing about fault or the extent of your injuries when speaking with an insurer.

The general deadline for filing a California personal injury lawsuit is usually two years from the date of injury, but important exceptions can apply. A potential claim involving a public agency or government entity can require an administrative claim much sooner, commonly within six months for personal injury. Deadlines should be evaluated based on the specific facts rather than assumed from the general rule. :contentReference[oaicite:0]{index=0}

What If the Driver Leaves the Scene?

A hit-and-run can make a pedestrian claim more complicated, but an unidentified driver does not necessarily mean there are no options.

The collision should be reported promptly, and any available evidence should be preserved. Witnesses, surveillance footage, vehicle descriptions, photographs, and license-plate information can assist efforts to identify the driver.

Insurance should also be reviewed. Depending on the circumstances and the applicable policy, uninsured motorist coverage may become relevant when a pedestrian is struck by an uninsured or unidentified driver. Coverage should be evaluated from the actual policy and facts rather than assumed.

More information about these coverage issues is available on the firm’s Uninsured Motorist page.

Help After a Pedestrian Accident in West Covina

A pedestrian accident can leave an injured person dealing with medical treatment, time away from work, insurance questions, and uncertainty about who will be responsible for the resulting losses.

The Law Firm of Oscar A. Ischiu represents people injured in pedestrian accidents in West Covina, throughout the San Gabriel Valley, and across Los Angeles County. The firm can review the circumstances of the collision, available evidence, insurance coverage, injuries, and potential claims so you can understand the options available under California law.

If you or a family member was injured after being struck by a vehicle, contact the office to discuss what happened and what steps may be appropriate next.