Pedestrian accidents in California can lead to catastrophic injuries and, tragically, even death. While many are caused by distracted or negligent drivers, pedestrians are not always automatically free from fault. Under California law, a pedestrian can sometimes be found partially or even fully responsible for an accident.

If you or a loved one has been injured in a pedestrian accident, the attorneys at Hillstone Law can review your case, explain your rights, and help you pursue maximum compensation.

California’s Comparative Negligence Law

California follows the comparative negligence doctrine, which means liability can be shared between drivers and pedestrians.

For example:

• A driver may be at fault for failing to yield at a crosswalk.
• But if a pedestrian suddenly darts into traffic at night wearing dark clothing, a court may assign them part of the blame.

In such cases, compensation is reduced by the pedestrian’s percentage of fault. So, if a pedestrian is found 30% responsible, they can still recover 70% of the damages awarded.

Police accident reports often play a critical role, as officers can document what happened and assign fault to one or both parties. While not required for filing an insurance claim, these reports provide strong evidence in settlement negotiations or court.

When Pedestrians May Be Considered at Fault

Although drivers have a duty to exercise caution, pedestrians can be held liable in situations such as:

• Crossing outside of designated crosswalks (“jaywalking”)
• Ignoring traffic signals
• Walking while distracted (such as texting or using headphones)
• Entering the road suddenly and without warning
• Being intoxicated while walking in traffic

Why You Should Work with a Pedestrian Accident Attorney

Even if you think you may share some fault, you may still be entitled to significant compensation. However, insurance companies often use comparative negligence to reduce payouts.

At Hillstone Law, we:

• Investigate the accident and gather evidence
• Analyze police reports, witness statements, and video footage
• Negotiate aggressively with insurance companies
• Fight for full compensation in court if necessary

Contingency Fee Representation – No Upfront Costs

Many accident victims worry about the cost of hiring an attorney. At Hillstone Law, we work on a contingency fee basis meaning you pay nothing unless we win your case. Our goal is to make high-quality legal representation accessible to every injured pedestrian.

Contact Hillstone Law Today

If you’ve been injured as a pedestrian in California, don’t assume you have no case. Even if you may be partially at fault, you could still recover substantial compensation for medical bills, lost wages, and pain and suffering.