Practice Area

Pedestrian Accident Lawyer

Encino and Los Angeles pedestrian accident lawyer for people struck by vehicles — proving right of way, fighting the 'jaywalking' blame game, and recovering full compensation. No fee unless we win.

Overview

Struck by a car while walking in Encino, Los Angeles or the San Fernando Valley?

A pedestrian has nothing between their body and two tons of moving metal, and that simple fact is why these collisions so often produce catastrophic or fatal injuries — traumatic brain injury, spinal damage, broken bones, internal harm — even at low speeds. If you or someone you love was hit while walking in a crosswalk, crossing an intersection, or standing at a bus stop, the medical stakes are high and so are the legal ones. Boyadzhyan Legal Shield represents injured pedestrians and grieving families throughout Los Angeles and the San Fernando Valley, and we handle these cases on contingency — you pay no attorney's fee unless we recover for you.

Founding attorney Knarik Boyadzhyan brings a trial lawyer's discipline to every serious-injury claim: building the liability case with real evidence, documenting the full extent of an injury and its future cost, and refusing to let an insurance company set the value of a person's recovery. Pedestrian cases have a particular shape — the driver almost always claims the pedestrian 'came out of nowhere' or 'wasn't in the crosswalk,' and the insurer works from the first phone call to shift blame onto the person who was hurt. Answering that narrative with facts is the heart of the work.

California law strongly protects people on foot. Drivers must yield the right of way to pedestrians in crosswalks — marked or unmarked — and must exercise care for everyone on the road. When a driver breaches that duty, the injured pedestrian can recover for medical care past and future, lost wages and lost earning capacity, and the non-economic harm of pain, disfigurement, and a life disrupted. No lawyer can promise a result, but we can promise a claim built on evidence rather than on whatever the adjuster is willing to concede.

This page explains what to do after a pedestrian is hit, how California's right-of-way and comparative-fault rules actually work, what a serious or fatal claim may involve, the deadlines that can end a case before it begins, and how we handle these matters locally in the Valley. It is general information about California law, not legal advice about your specific situation — for that, the consultation is free and confidential.

Preserve the evidence now — you generally have two years, but the proof disappears in days

California's deadline to file a pedestrian-injury lawsuit is generally two years from the date of the collision (Code of Civil Procedure § 335.1), and a claim against a government entity — for a dangerous crosswalk, a broken signal, or a poorly designed intersection — must usually be presented in writing within just six months. But the practical clock runs far faster: surveillance and doorbell-camera footage of the crosswalk is overwritten within days, the vehicle is repaired, the roadway is swept, and witnesses scatter. The single most valuable thing that can be done early is to preserve the video, the scene, and the statements before they are gone. If you have been hurt, do not wait to get advice.

Pedestrian accident cases we handle

Crosswalk collisions

A pedestrian struck in a crosswalk — marked or unmarked — has the strongest kind of case, because California requires drivers to yield the right of way there. We establish that you were lawfully in the crosswalk and that the driver failed to yield, and we counter the reflexive insurer claim that you 'stepped out' without warning.

Intersection & turning vehicles

Many pedestrians are hit by cars turning left or right across a crosswalk, where the driver is watching for a gap in traffic instead of the person legally crossing in front of them. These cases turn on signal timing, the walk signal, and sightlines, and the driver's duty to look before turning is central.

Backing-up & parking-lot accidents

Drivers backing out of driveways and parking spaces strike pedestrians they never saw, and parking lots produce a steady stream of low-speed but serious injuries. Fault often comes down to who had the right of way in the lane and whether the driver checked before reversing.

Hit-and-run

When the driver who hit you flees, the case does not have to end there. We work to identify the driver through cameras and witnesses, and where they cannot be found, we pursue your own uninsured-motorist coverage — which exists for exactly this situation and treats a hit-and-run like a crash with an uninsured driver.

Distracted & drunk drivers

A driver looking at a phone or impaired by alcohol is a leading cause of pedestrian deaths. If you were hit by an impaired driver, the criminal case against them is separate from your civil claim, and a conviction can strengthen your case and, in some circumstances, support a claim for punitive damages.

Bus-stop & school-zone collisions

Pedestrians are especially exposed at bus stops, near schools, and in the crossings children and seniors use every day. These cases can involve heightened duties of care, lower speed limits, and — where a public bus or a dangerous crossing is involved — a government entity, which carries its own short deadline.

Our defense

How we prove your claim

Establishing driver negligence and right of way

Every pedestrian claim rests on negligence — showing the driver owed you a duty of care, breached it, and caused your injuries. We anchor that breach in California's right-of-way law: a driver's failure to yield in a crosswalk, to look before turning, or to exercise due care is powerful evidence of fault. Proving the driver's breach clearly is the foundation everything else is built on.

Countering the 'jaywalking' and comparative-fault narrative

The insurer's first move is almost always to blame the pedestrian — 'they weren't in the crosswalk,' 'they crossed against the light,' 'they darted out.' We meet that head-on with the physical evidence, the video, and the law, including California's 2023 Freedom to Walk Act, which decriminalized crossing outside a crosswalk when it is safe. Being partly at fault reduces a claim; it does not end it — and we do not let an inflated blame argument stand unanswered.

Securing video and witnesses fast

The best evidence in a pedestrian case is often a camera the pedestrian never noticed — a traffic camera, a business's surveillance system, a doorbell camera, or a bus's onboard video — and most of it is overwritten within days. We move quickly to identify and preserve that footage, locate and interview witnesses before their memories fade, and obtain the traffic collision report, so the record is built while it still exists.

Documenting catastrophic injuries and their future cost

Pedestrian injuries are frequently severe and lasting — brain injury, spinal cord damage, multiple fractures, permanent disfigurement. Insurers profit by treating serious injuries as minor and by arguing your condition predates the crash. We connect every injury to the collision through medical records and treating physicians, and we document the future care, lost earning capacity, and permanent limitation that a settlement must account for.

Pursuing uninsured, underinsured, and hit-and-run coverage

Many drivers who hit pedestrians carry no insurance, too little insurance, or flee entirely. Your own uninsured/underinsured motorist (UM/UIM) coverage can step in to compensate you — coverage you paid premiums for and are entitled to pursue — and we handle these claims, including the resistance your own insurer may put up, the same way we handle a claim against an at-fault driver.

First steps

What to do after a pedestrian is hit

In the moments after a pedestrian is struck, the first priority is medical — call 911 so police and paramedics respond, and accept treatment even if the shock and adrenaline make the injuries feel less severe than they are. Pedestrian injuries like concussions, internal bleeding, and soft-tissue damage frequently do not announce themselves for hours, and the officer's traffic collision report becomes an important record later. Getting examined promptly protects both your health and the medical record that ties your injuries to the collision.

If you are able, or if someone with you can, preserve the scene before it changes. Photograph the crosswalk or roadway, the vehicle and its position, the traffic signals and signs, the point of impact, and your visible injuries. Get the driver's name, license, and insurance, and — critically — the names and phone numbers of any witnesses before they leave, because independent witnesses are often what defeats a driver's self-serving account. Note any nearby businesses, homes, or traffic cameras that may have captured the collision on video.

Two things to avoid. Do not tell the driver or anyone at the scene that you are 'fine' or that it was your fault — fault is a legal question that depends on facts you may not have, and adrenaline hides injuries. And do not give a recorded statement to the driver's insurance company, or accept a quick settlement, before you have spoken with a lawyer: those statements are taken to lock you into an account and to build the 'you weren't in the crosswalk' defense before the full extent of your injuries is even known. The sooner a lawyer can preserve the video and the scene, the stronger the claim will be.

Right of way

Right of way and fault in a pedestrian case

California gives pedestrians strong protection through its right-of-way law. Vehicle Code § 21950 requires a driver to yield the right of way to a pedestrian crossing in a crosswalk — and that includes unmarked crosswalks, which generally exist at intersections even where no lines are painted on the pavement. The same statute also imposes duties on pedestrians: a person on foot may not suddenly leave a curb into the path of a vehicle that is so close it is an immediate hazard, and everyone must exercise due care. Right of way, in other words, is a two-way obligation — but the driver's duty to yield in a crosswalk is the heart of most claims.

The insurer's favorite defense is 'jaywalking,' and it is important to understand how the law has changed. Effective January 1, 2023, California's Freedom to Walk Act decriminalized crossing the street outside of a crosswalk when it is done safely — an officer may no longer cite a pedestrian for crossing mid-block or against a signal unless there is an immediate danger of collision. That reform matters in a civil case because it undercuts the reflexive argument that a pedestrian crossing outside a crosswalk was automatically in the wrong. Whether a crossing was reasonable is a fact question, not an automatic bar to recovery.

Even where a pedestrian bears some responsibility, California's negligence law still allows recovery. Civil Code § 1714 sets the basic rule that everyone is responsible for injury caused to another by their want of ordinary care, and California follows a 'pure comparative fault' system: if you are found partly at fault, your recovery is reduced by your percentage of fault, but you are not barred from recovering even if you were mostly at fault. Being found 20 percent responsible reduces a recovery by 20 percent; it does not eliminate it. Insurers routinely try to pin an inflated share of blame on the injured pedestrian to shrink what they pay, which is exactly why proving the driver's fault clearly, and rebutting an unfair blame argument, is central to the work we do.

Damages

Damages for catastrophic injury and wrongful death

Because a pedestrian absorbs the full force of a collision, these cases tend to involve the most serious injuries on the road — traumatic brain injury, spinal cord damage, multiple fractures, internal organ damage, and permanent disfigurement. California divides compensable harm into economic damages — past and future medical bills, lost wages and lost earning capacity, and out-of-pocket costs — and non-economic damages, which compensate the human cost that no receipt captures: physical pain, emotional distress, and the loss of the ability to do the things you used to enjoy. In a catastrophic-injury case the future is frequently the largest part of the claim, because a settlement that only covers today's bills leaves years of care unpaid.

Valuing these claims well means valuing the future, not just the present — the ongoing treatment, the permanent limitation, the reduced earning capacity — and documenting it with medical records, treating physicians, and, where needed, life-care planners and economists. Once you settle, the case is over; there is no coming back if the injury turns out to be worse than the insurer wanted to admit. That is why we work to document the full arc of an injury before resolving a claim.

When a pedestrian collision is fatal, California law allows the surviving family to bring a wrongful-death claim for their own losses — the loss of financial support, the loss of the companionship, care, and guidance the person provided, and related costs — separate from any claim the estate may have. These are among the hardest cases a family can face, and we handle them with the care they deserve. Fatal pedestrian claims and the most severe injuries often overlap with the broader serious-injury and wrongful-death work described elsewhere on this site, and the same principles of proof apply.

Deadlines

Deadlines: how long you have to file

California sets firm deadlines for bringing an injury claim, and missing one generally ends the case no matter how strong it is. For most pedestrian-injury claims the statute of limitations is two years from the date of the collision under Code of Civil Procedure § 335.1. Filing late is one of the few mistakes that cannot be fixed, so the two-year deadline is not something to test.

A different and much shorter deadline applies when a government entity may be responsible — and pedestrian cases involve government defendants more often than most people expect, because the safety of a crossing is frequently a public responsibility. A malfunctioning walk signal, a crosswalk with dangerous sightlines, a missing or worn crossing, a poorly designed intersection, or a collision with a public bus can all point to a city, county, or the state. Under Government Code § 911.2, you generally must present a written claim to the public entity within just six months of the incident before you can even file a lawsuit, and the procedural rules are strict. Because it is rarely obvious at the scene that a government entity is involved, these deadlines are a strong reason to get advice early rather than assume you have two full years.

Limited circumstances can change these timelines — a claim involving a minor, or an injury that was not immediately discoverable, for example — but they are exceptions, not the rule, and they are fact-specific. The safe course is never to rely on having 'plenty of time.' The sooner a claim is evaluated, the more of the evidence can be preserved and the less risk there is of a deadline quietly running out. This is general information, not legal advice about your particular deadline, which should be confirmed with an attorney.

Local

Pedestrian accident representation in Encino & the San Fernando Valley

Boyadzhyan Legal Shield is based in Encino on Ventura Boulevard and represents injured pedestrians and their families throughout the San Fernando Valley and greater Los Angeles — Encino, Sherman Oaks, Tarzana, Van Nuys, Woodland Hills, Studio City, Northridge, and the surrounding communities. Ventura Boulevard itself, with its dense mix of foot traffic, storefronts, bus stops, and constant turning movements, is exactly the kind of corridor where pedestrian collisions happen, and the Valley's wide arterial streets and busy intersections produce them daily.

That local knowledge is practical, not decorative. Knowing how traffic moves through a particular Valley intersection, where the crosswalks and cameras are, and how a stretch of Ventura Boulevard tends to back up helps us reconstruct what happened and anticipate the arguments an insurer will make. When a pedestrian case cannot be settled fairly and has to be filed, San Fernando Valley civil matters are generally heard at the Van Nuys Courthouse, and we appear in Van Nuys and the surrounding Los Angeles County courts.

Working from a single Encino office keeps the firm close to the clients and communities it serves. You work directly with the attorney handling your case — not a rotating cast at a high-volume settlement mill — and because we take these cases on contingency, strong representation is available regardless of your financial situation. The consultation is free, and you owe no attorney's fee unless we recover for you.

How we work
01

Free consultation

We review what happened, explain your rights and the deadlines that apply, and take the case with no upfront cost — you pay no attorney's fee unless we recover for you.

02

Preserve evidence fast

We move quickly to secure surveillance, doorbell, and traffic-camera footage before it is overwritten, obtain the traffic collision report, photograph the scene, and locate and interview witnesses.

03

Build liability & document injuries

We establish the driver's failure to yield or exercise care, rebut the 'jaywalking' blame narrative, and document the full extent of the injuries and their future cost with treating physicians and experts.

04

Demand, negotiate & litigate

We present a demand backed by evidence and negotiate hard with the insurer. If the company will not offer a fair recovery, we file suit and prepare the case for trial.

Frequent questions

What should I do immediately after being hit by a car while walking?

Call 911 and accept medical attention even if you feel 'okay,' because adrenaline masks serious injuries and the officer's report becomes an important record. If you are able, photograph the scene, the crosswalk, the vehicle, and your injuries, get the driver's information and the names and numbers of any witnesses, and note nearby cameras. Avoid saying you are fine or that it was your fault, and speak with a lawyer before giving a recorded statement to the driver's insurer.

Does the driver always have to yield to a pedestrian in a crosswalk?

Under Vehicle Code § 21950, a driver must yield the right of way to a pedestrian crossing in a crosswalk — including unmarked crosswalks, which generally exist at intersections even without painted lines. The same law also requires pedestrians to use due care and not suddenly step into the path of a vehicle that is an immediate hazard. Right of way is a two-way duty, but the driver's obligation to yield in a crosswalk is the core of most claims.

The insurance company says I was jaywalking. Does that end my claim?

No. California's Freedom to Walk Act, effective January 1, 2023, decriminalized crossing outside a crosswalk when it is done safely, which undercuts the automatic 'jaywalking' defense insurers reach for. Even where a pedestrian was partly at fault, California's pure comparative-fault rule reduces a recovery by the pedestrian's percentage of fault rather than barring it. Whether a crossing was reasonable is a fact question, and we answer the blame narrative with evidence.

Can I still recover if I was partly at fault for the accident?

Often, yes. California follows 'pure comparative fault,' which means your recovery is reduced by your percentage of fault but you are not barred from recovering even if you were mostly at fault. If you were found 20 percent responsible, your recovery is reduced by 20 percent. Insurers routinely try to assign a pedestrian an inflated share of blame, which is one reason proving the driver's fault clearly matters so much.

What if the driver fled the scene (hit-and-run)?

First, report it to the police. We then work to identify the driver through surveillance footage, doorbell and traffic cameras, and witnesses. If the driver cannot be found, your own uninsured-motorist coverage can provide compensation, because a hit-and-run is treated much like a crash with an uninsured driver for insurance purposes. Preserving the video quickly is critical, because it is often the only way to identify a driver who left.

What if the driver who hit me had no insurance?

Your own uninsured/underinsured motorist (UM/UIM) coverage can step in to compensate you when the at-fault driver has no insurance or too little to cover your injuries. This is coverage you paid premiums for, and pursuing it is exactly what it exists for — and it applies to you as a pedestrian, not just when you are driving. Your own insurer may still resist the claim, and we handle UM/UIM claims the same way we handle a claim against an at-fault driver.

How much is my pedestrian accident case worth?

There is no formula, and any figure quoted before your injuries are understood is a guess. Value depends on economic damages (medical bills, lost wages, and future costs) and non-economic damages (pain, suffering, and the disruption to your life), and above all on the severity and permanence of the injury and how well it is proven. Because pedestrian injuries are frequently catastrophic, documenting the full future cost of care is often the most important part of valuing a claim.

Why is preserving video evidence so urgent in a pedestrian case?

The best evidence in a pedestrian case is often video the pedestrian never noticed — a traffic camera, a business's surveillance system, a doorbell camera, or a bus's onboard recording. Most of that footage is automatically overwritten within days or a few weeks. Once it is gone, it cannot be recovered, and a driver's self-serving account of what happened may go unchallenged. Moving quickly to identify and preserve that video is one of the most valuable things a lawyer can do early.

What if a family member was killed in a pedestrian accident?

California law allows surviving family members to bring a wrongful-death claim for their own losses — the loss of financial support, and the loss of the companionship, care, and guidance the person provided — separate from any claim the estate may have. These are difficult cases, and we handle them with care. The same two-year deadline generally applies, and a shorter six-month deadline can apply if a government entity may be responsible, so getting advice early matters.

Can a city or government be responsible for a pedestrian accident?

Sometimes, yes. A malfunctioning walk signal, a dangerous or poorly designed intersection, a missing crosswalk, or a collision involving a public bus can point to a city, county, or state as a responsible party. When a government entity is involved, Government Code § 911.2 generally requires a written claim to be presented within just six months of the incident — far shorter than the usual two years — which is one of the strongest reasons to have a case evaluated promptly.

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

Generally two years from the date of the collision under Code of Civil Procedure § 335.1. If a government entity may be responsible — a dangerous crosswalk, a broken signal, or a public bus, for example — a written claim usually must be presented within just six months. Deadlines can vary with the facts, so it is best to confirm yours with an attorney and act well before it runs.

Which courthouse handles a San Fernando Valley pedestrian accident case?

If your pedestrian-injury claim cannot be settled and has to be filed as a lawsuit, San Fernando Valley civil matters are generally heard at the Van Nuys Courthouse, which serves much of the Valley. Most claims settle without a trial, but we prepare and, when necessary, litigate cases in Van Nuys and the surrounding Los Angeles County courts, and readiness to try a case is itself leverage in settlement.

Do you charge anything upfront?

No. We handle pedestrian-accident cases on a contingency-fee basis, which means you pay no attorney's fee unless we recover compensation for you — the fee comes as a percentage of the recovery, not out of your pocket up front. The initial consultation is free and confidential, so getting your case evaluated costs you nothing, and strong representation is available regardless of your financial situation.

This page is general legal information, not legal advice, and does not create an attorney-client relationship. California statute references link to the official California Legislative Information site.

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