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Pedestrian Accident Lawyer Los Angeles: Rights After Injury

Being struck by a vehicle while walking can change your life in seconds. If you’re searching for a pedestrian accident lawyer Los Angeles, chances are you or someone you care about is dealing with serious injuries, mounting medical bills, and uncertainty about what comes next. Los Angeles streets see thousands of pedestrian collisions each year, and victims often face an uphill battle against insurance companies eager to minimize payouts.
California law provides strong protections for injured pedestrians, but securing fair compensation requires understanding your rights and acting quickly. At Steven M. Sweat, Personal Injury Lawyers, APC, we’ve spent over 25 years representing accident victims throughout Los Angeles, recovering hundreds of millions of dollars for clients who trusted us with their cases.
This guide breaks down what you need to know after a pedestrian accident, from your legal rights to the steps that can strengthen your claim and help you move forward.
Why hiring a pedestrian accident lawyer matters
Insurance adjusters start working against you the moment they receive notice of your accident. They have trained negotiators whose job is to pay as little as possible, and they often contact injured pedestrians within hours to record statements that can later be used to devalue or deny claims. Without legal representation, you’re facing a sophisticated operation designed to protect corporate profits, not your recovery.
Insurance companies work against you
Your medical expenses and lost wages matter less to insurance carriers than their bottom line. Adjusters frequently offer quick settlements that seem appealing when you’re facing immediate bills, but these offers rarely cover the full extent of your injuries, especially when complications arise months later. A pedestrian accident lawyer Los Angeles understands these tactics and knows how to counter them with evidence, medical documentation, and aggressive negotiation.
Most initial settlement offers fail to account for long-term medical care, permanent disability, or reduced earning capacity.
Proving fault requires legal expertise
California’s comparative negligence laws allow insurance companies to shift blame onto pedestrians by arguing you weren’t using a crosswalk, stepped into traffic, or ignored signals. Building a strong case means gathering surveillance footage before it’s erased, interviewing witnesses while memories are fresh, and consulting accident reconstruction experts who can demonstrate driver negligence. These steps require immediate action and specialized knowledge that most accident victims don’t possess.
Medical records alone won’t win your case. You need someone who can connect your injuries to the collision, calculate future costs, and present evidence that forces insurance companies to pay what you deserve rather than what they want to offer.
What to do after a pedestrian crash in Los Angeles
Your actions in the minutes and hours following a collision can determine whether you receive full compensation or struggle to prove your case later. Los Angeles streets are chaotic, and evidence disappears fast when witnesses leave, surveillance footage gets recorded over, and physical evidence fades from the scene. Taking specific steps right away protects both your health and your legal rights.
Call 911 and get medical attention
Even if you feel fine, call emergency services immediately. Many serious injuries, including internal bleeding and traumatic brain damage, don’t show symptoms for hours or days. A police report creates an official record of the accident, and paramedics document your condition at the scene, which becomes crucial evidence later.
Refusing medical treatment at the scene gives insurance companies grounds to claim your injuries weren’t serious.
Document the scene and gather evidence
If you’re physically able, take photos of your injuries, vehicle damage, skid marks, and the exact location where you were struck. Get contact information from witnesses who saw what happened. Write down the driver’s license plate, insurance details, and any statements they make. This information becomes invaluable when you contact a pedestrian accident lawyer Los Angeles to evaluate your claim and begin building your case against the at-fault driver.

How liability works in California pedestrian accidents
California follows a comparative negligence system, which means you can recover compensation even if you share some responsibility for the accident. Courts assign each party a percentage of fault, and your final settlement gets reduced by your portion of blame. Understanding how this works protects you from insurance tactics designed to inflate your responsibility and reduce their payment obligations.
Comparative negligence affects your compensation
If the court determines you were 20% responsible for your accident because you crossed mid-block, and your total damages equal $100,000, you would receive $80,000. This system differs from states that bar recovery entirely if you share any fault. Insurance companies exploit this rule by exaggerating pedestrian mistakes to minimize their payouts, claiming you were distracted, jaywalking, or wearing dark clothing at night.

Even small fault percentages can cost you tens of thousands of dollars in compensation.
Common arguments drivers make
Drivers routinely blame pedestrians by claiming you stepped into traffic without warning, failed to use a crosswalk, or weren’t paying attention. They point to cell phone use, headphones, or alcohol consumption as contributing factors. A pedestrian accident lawyer Los Angeles counters these arguments by examining traffic camera footage, cell phone records, and witness statements that prove the driver was speeding, distracted, or violated your right of way under California Vehicle Code Section 21950.
What compensation you can recover after a pedestrian injury
California law allows you to pursue multiple types of damages after a pedestrian accident, covering both financial losses and the physical pain you’ve endured. The total value of your claim depends on injury severity, treatment duration, and how the accident affects your daily life and earning capacity. A pedestrian accident lawyer Los Angeles calculates these damages by reviewing medical records, consulting with healthcare providers, and documenting how your injuries limit your ability to work and enjoy life.
Economic damages
Your medical expenses form the foundation of economic damages, including emergency room visits, surgery costs, rehabilitation, prescription medications, and future treatment needs. Lost wages cover the income you couldn’t earn while recovering, plus reduced earning capacity if your injuries prevent you from returning to your previous job. These damages extend to property damage like clothing, electronics, or other belongings destroyed in the collision.
Non-economic damages
Pain and suffering compensation accounts for physical discomfort, emotional distress, and the psychological impact of your injuries. Courts consider factors like permanent scarring, loss of enjoyment in activities you once loved, and the mental anguish caused by disfigurement or disability. California doesn’t cap non-economic damages in most pedestrian accident cases, allowing juries to award amounts that reflect the true harm you’ve suffered.
Severe injuries often justify non-economic damages that exceed medical bills by several multiples.
How a Los Angeles pedestrian accident case works
Understanding the legal process helps you know what to expect when pursuing compensation. A pedestrian accident lawyer Los Angeles guides you through each phase, handling the complex legal work while you focus on recovery. Most cases settle before trial, but your attorney prepares for court from day one to maximize your leverage during negotiations.
Investigation and evidence collection
Your attorney begins by gathering police reports, medical records, surveillance footage, and witness statements that prove the driver’s negligence. This phase includes consulting accident reconstruction experts and medical professionals who can testify about your injuries and future care needs. Strong evidence forces insurance companies to offer fair settlements rather than risk a jury trial that could award even more.
Negotiation and settlement
Once your attorney has documented your full damages, they send a demand letter to the insurance company outlining your case and the compensation you deserve. Insurance adjusters typically respond with a lowball offer, triggering negotiations where your lawyer uses evidence to justify higher amounts. Most pedestrian accident cases resolve during this stage, with settlements reached within several months to a year depending on injury severity and case complexity.
Settling doesn’t mean accepting less. Your attorney only recommends settlement when the offer reflects your true losses.

What to do now
Pedestrian accident injuries don’t improve while you wait. Every day that passes allows evidence to disappear, witnesses to forget details, and insurance companies to build defenses against your claim. California’s two-year statute of limitations might seem generous, but serious cases require months of investigation, medical evaluation, and expert testimony preparation. Acting quickly protects both your health and your financial recovery.
Steven M. Sweat, Personal Injury Lawyers, APC offers free consultations 24/7 to evaluate your case and explain your options with zero obligation. Our team has recovered hundreds of millions of dollars for injured Californians, and we never charge legal fees unless we secure compensation for you. When you need a pedestrian accident lawyer Los Angeles who fights for maximum settlements rather than quick payouts, contact us today to discuss your case. We can meet you at home, in the hospital, or at our office, whichever works best for your recovery.












