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Injured After Being Hit By A Car While Walking In Los Angeles? Here’s What You Need To Know

Injured After Being Hit By A Car While Walking In Los Angeles? Here’s What You Need To Know

Injured After Being Hit By A Car While Walking In Los Angeles

Los Angeles is a walker’s paradox: world-class neighborhoods—Downtown LA, Hollywood, Koreatown, Mid-City, the Valley—connected by corridors designed for cars first.

Multi-lane arterials, high speeds, complex intersections, and limited daylight visibility mean pedestrian injuries are both serious and legally complex.

When you’re hit while walking, you’re not just “in a car accident without a car”—you’re an unprotected human body absorbing the full force of a vehicle. The injuries, the medical bills, the lost time from work, the stress, and the insurance tactics are all amplified.

That’s where a Los Angeles pedestrian accident lawyer comes in. The decisions you make in the first 24–72 hours, and the evidence preserved in the first two weeks, can change the value of your claim by tens—or even hundreds—of thousands of dollars.

This guide lays out exactly what to do next, how California law treats pedestrian injuries, and how The Law Offices of Gerald L. Marcus builds cases that insurance companies can’t ignore.


First: Your Health and Safety (and Why This Also Protects Your Case)

  1. Get medical care immediately—even if you “feel okay.”
    Adrenaline and shock mask symptoms of concussion, internal bleeding, spinal injuries, and fractures. ER or urgent care documentation becomes the first objective record linking your injuries to the collision.

  2. Tell providers every symptom, from head to toe.
    Headache, neck pain, dizziness, knee/hip pain, lower-back pain radiating into the leg—list it all. Gaps or omissions in early records give insurers ammunition to argue your injuries aren’t related or aren’t serious.

  3. Follow the treatment plan exactly.
    If your doctor orders imaging, PT, or referrals to specialists, go. Missed appointments and gaps in care are routinely used to discount claims.

  4. Keep a simple recovery journal.
    Note pain levels, sleep disruption, activities you can’t do, and time missed from work. These details substantiate pain, suffering, and loss of enjoyment.


Secure the Evidence—Even Without a Police Officer on Scene

You don’t have to “build the whole case,” but fast evidence wins pedestrian claims in LA:

  • Photos and video:
    The vehicle, skid marks, debris field, your visible injuries, torn clothing, damaged phone/watch, and the intersection from multiple angles—day and night if lighting mattered.

  • Witness names and contact info:
    Eyewitnesses disappear quickly. A single neutral witness can decide liability.

  • Nearby cameras:
    Businesses, apartment buildings, rideshares, buses, and public cameras may have footage. We send preservation letters quickly to stop automatic deletion.

  • Police report:
    If officers didn’t respond, you can file a report later. For government-involved cases (e.g., dangerous intersection design), having a report helps.

  • Your shoes and clothes:
    Bag them—don’t wash them. They can be forensic evidence of impact and direction.

We move fast to preserve intersection footage (often overwritten in days), locate additional witnesses, and secure vehicle ECM and telematics data when available.


Fault in California Pedestrian Cases: What Really Determines Liability

California applies comparative negligence—if the driver is mostly at fault but argues you were looking at your phone or crossed outside the lines, your compensation can be reduced by your percentage of fault. The keys:

  • Right of way & crosswalks (marked and unmarked):
    In California, intersections generally create unmarked crosswalks even without paint. Drivers still owe pedestrians a duty to exercise due care, slow, and yield when appropriate.

  • Speed, visibility, and stopping distance:
    LA’s wide roads encourage speed. We use reconstruction experts to analyze stopping distance, reaction time, night visibility, headlight beam spread, and roadway geometry.

  • Driver distraction or impairment:
    Texting, navigation apps, fatigue, alcohol, or drugs dramatically increase fault exposure.

  • Intersection design & lighting:
    Some LA intersections are inherently dangerous—sightline issues, missing signals, faded crosswalks, poor nighttime illumination. These can create third-party or governmental liability in addition to the driver.

  • Rideshare/commercial vehicles:
    If an Uber/Lyft, delivery van, or truck hits a pedestrian, there may be higher policy limits and layered coverage.

Even if an insurer argues you “darted out” or crossed mid-block, our job is to show what a reasonably careful driver should have done under the conditions—and why this impact was preventable.


Hit-and-Run Pedestrian Collisions in LA: You Still Have Options

Unfortunately, hit-and-runs are common in Los Angeles. If the driver flees:

  • Call 911 and report immediately.
    Provide the direction of travel, vehicle color/type, partial plate if possible, and any distinguishing damage.

  • Uninsured Motorist (UM) coverage may apply.
    If you or a household member carries auto insurance with UM/UIM, it can cover pedestrians struck by vehicles, even though you weren’t driving.

  • Camera canvass:
    We canvass businesses, residences, transit, and rideshare networks to identify vehicles. Early preservation is everything.

  • Crime victims support:
    You may be eligible for victim compensation programs while the civil case proceeds.


Common Pedestrian Injuries—and Why Insurers Undervalue Them

We see a pattern of “invisible” injuries that insurers try to dismiss early, then later concede are life-changing:

  • Traumatic Brain Injury (TBI)/Concussion: memory issues, headaches, light/noise sensitivity, mood changes, sleep disturbance.

  • Spinal injuries: cervical and lumbar disc herniations; radiculopathy causing leg pain/numbness.

  • Orthopedic trauma: fractures (tibia/fibula, pelvis, wrist), meniscus/ACL tears, shoulder labrum tears.

  • Internal injuries: organ damage and bleeding that may not show immediately.

  • Psychological trauma: anxiety, PTSD, avoidance of walking/driving, depression.

We work with neurologists, orthopedists, spine specialists, concussion clinics, and life-care planners to document the true long-term costs—not just the ER bill.


What Damages Can You Recover?

A properly presented LA pedestrian case can pursue:

  • Medical expenses (ER, imaging, specialists, PT, surgery, future care)

  • Lost wages & loss of earning capacity

  • Pain and suffering (physical pain, mental anguish, loss of enjoyment)

  • Property damage (phone, watch, glasses, bike/scooter if applicable)

  • Home/vehicle modifications and mobility aids when needed

  • Wrongful death damages for surviving family (in fatal cases)

Important: Do not accept a quick “medical bills only” offer. Future medical care and lasting symptoms are often the largest part of a pedestrian injury claim.


Deadlines & Special Procedures in California (Don’t Miss These)

  • General personal injury statute of limitations: often two years from the date of injury (with exceptions).

  • Government claims (dangerous roads/intersections or public entity defendants): a much shorter claim window—as short as six months to file a government claim before any lawsuit rights.

  • Minor victims and other exceptions may extend or change deadlines.

Bottom line: If there’s any chance a city, county, transit agency, or school district bears responsibility, contact us immediately so we can preserve your right to sue.


Insurance Coverage in Pedestrian Cases: Finding All the Layers

We investigate all available policies and coverage layers to maximize recovery:

  1. At-fault driver’s liability policy

  2. Employer/commercial coverage if the driver was on the job

  3. Rideshare layered coverage (Uber/Lyft status matters: app off vs waiting vs en-route)

  4. Your (or household) UM/UIM coverage—pedestrians are usually covered

  5. MedPay benefits if available

  6. Third parties: vehicle owners, employers, contractors, property owners, and public entities for dangerous design/maintenance

Insurers often “forget” to disclose umbrellas or excess policies. We don’t.


The Case Blueprint We Use to Prove Pedestrian Liability in LA

  1. Scene preservation & reconstruction:
    Laser measurements, sightline analysis, light timing, speed modeling, and headlight/visibility testing.

  2. Video and telematics:
    Intersection, business, bus, and rideshare footage; vehicle ECM/black box when available.

  3. Medical mapping:
    Clear link from collision forces → mechanism of injury → treatment → future care needs.

  4. Economic damages analysis:
    Lost wages, benefits, promotions foregone, retraining needs, and life-care plans for serious injuries.

  5. Comparative negligence defense countermeasures:
    We demonstrate reasonable pedestrian behavior and what a careful driver should have done given speed, lighting, traffic, and roadway design.

  6. Settlement leverage:
    Thorough documentation + credible experts = settlements that reflect true case value.


Mistakes That Can Wreck a Strong Pedestrian Claim

  • Posting on social media about the crash or your activities.

  • Skipping or delaying medical care (“I’ll wait and see if it gets better”).

  • Talking to the adjuster before speaking with a lawyer—recorded calls are designed to extract minimizing statements.

  • Returning to high-impact activities too soon (creates “you’re fine” arguments).

  • Repairing or discarding key evidence (shoes, clothes, damaged watch/phone).

  • Missing a government claim deadline in dangerous-road cases.


What to Do Right Now (A Short Checklist)

  • Get evaluated today (ER, urgent care, or your physician).

  • Photograph injuries, the intersection (day and night), and any vehicle damage you can access.

  • Write down names of witnesses, businesses with cameras, and responding officers.

  • Start a pain/symptom/work-loss journal.

  • Call The Law Offices of Gerald L. Marcus to protect evidence and your rights before the insurer calls you.


Why Choose The Law Offices of Gerald L. Marcus for a Pedestrian Injury in Los Angeles

  • Los Angeles Focus: Familiar with high-risk corridors and intersections (Downtown, Hollywood, Westlake, South LA, San Fernando Valley, Westside).

  • Rapid Evidence Response: We send preservation letters, conduct camera canvasses, and retain experts early.

  • Insurance Tactics—Defused: We know the playbook: blame the pedestrian, minimize symptoms, push quick low offers. We counter with data and experts.

  • Trial-Ready Approach: Insurance companies settle fairly when they know you’re prepared to try the case.

  • No Fee Unless We Win: You focus on recovery; we handle the fight.


Special Situations We Handle Frequently

Crosswalk Accidents (Marked and Unmarked)

We analyze signal timing, pedestrian phases, turning movements, and whether the crosswalk markings/layout meet modern visibility standards.

Nighttime/Low-Visibility Collisions

We bring in visibility experts to test headlight spread, glare, and pedestrian conspicuity—key to defeating “I didn’t see them” defenses.

School Zones & Senior Corridors

School arrival/dismissal patterns and senior walking routes change expectations on drivers and municipalities for extra care.

Rideshare & Delivery Vehicle Impacts

Uber/Lyft “driver mode” status controls which policy applies; gig fleets and commercial carriers may add excess coverage.

Dangerous Roadway/Intersection Design

Claims may involve public entities for failure to maintain safe sightlines, lighting, or markings, or for ignoring a known collision pattern.


LA-Specific Tips That Increase Your Case Value

  • Return to the scene at the same time of day/night and video the intersection to capture traffic flow and lighting conditions.

  • Identify recurring hazards: faded paint, obstructed signs, malfunctioning signals, missing curb ramps.

  • Ask nearby businesses if they’ve seen other crashes—pattern evidence supports dangerous-condition claims.

  • Track every expense (co-pays, Uber/Lyft to medical visits, over-the-counter braces/ice packs). Small items add up and lend credibility.


How the Claims Process Works (And How Long It Takes)

  1. Investigation & Treatment (0–90+ days):
    You treat; we preserve evidence, gather records, analyze liability, and identify all coverage layers.

  2. Demand Package (when you’re at MMI or have a clear treatment plan):
    We present medical proof, wage loss, and future-care costs, supported by experts as needed.

  3. Negotiation & Mediation:
    Strong documentation moves carriers toward fair value. We don’t recommend settlement until it compensates all harms and future risks.

  4. Filing Suit (if necessary):
    Litigation compels disclosures, depositions, and expert testimony. Many cases settle before trial once insurers see we’re ready to go the distance.

Timeline: It depends on medical recovery and whether litigation is needed. The goal is maximum net recovery, not the fastest lowball check.


Frequently Asked Questions (LA Pedestrian & Crosswalk Accidents)

Q: I was hit at an unmarked crosswalk. Do I still have a case?
A: Often, yes. Intersections can create unmarked crosswalks, and drivers still owe a duty of due care. We analyze right-of-way, approach speed, visibility, and turning movements.

Q: The driver says I was “jaywalking.” Am I out of luck?
A: Not necessarily. California’s comparative negligence rule means your recovery can be reduced by your percentage of fault—but not eliminated. Many mid-block impacts still result from excessive speed or inattention.

Q: The driver fled (hit-and-run). Can I recover anything?
A: Yes—through UM coverage on your or a household policy, and sometimes through identifying the vehicle with camera canvasses and leads.

Q: How much is my pedestrian accident case worth?
A: It depends on liability, the severity and permanence of injuries, medical costs, wage loss, and future care. Avoid quick offers before your providers know the full scope of your injuries.

Q: Do I need a lawyer if the insurance company accepts fault?
A: Yes. Insurers still fight the value of injuries, deny future care, and contest wage loss. A lawyer levels the playing field and typically increases net recovery.

Q: How soon should I call a lawyer?
A: Immediately. Video is overwritten fast, witnesses disappear, and public-entity deadlines can be as short as six months. Early action protects your rights.


Ready to Talk? Free, Confidential ConsultationInjured After Being Hit By A Car While Walking In Los Angeles

If you were hit while walking in Los Angeles—in a crosswalk, at an intersection, in a parking lot, or mid-block—don’t go up against the insurance company alone.

Call The Law Offices of Gerald L. Marcus for a free consultation at 818-784-8544.

We move quickly to protect evidence and position your case for maximum recovery. No fee unless we win.

GET YOUR FREE CONSULTATION

What Our Clients Say

“Thank you for the compassion & great professional service that I received from your office. If the need arises I will refer anyone who needs representation to your office. Sincerely”
– Linda S. Barrett

Recent Result:

$5,550,000

Settlement During Trial

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