California Driveway Pedestrian Accident Lawyer

Driveway pedestrian accidents occur when a vehicle strikes a pedestrian while entering or exiting a driveway. These incidents happen in various settings including residential driveways, apartment complex parking areas, commercial business entrances, and shopping center access points. According to the National Highway Traffic Safety Administration, backover accidents—which frequently occur in driveways—injure approximately 15,000 people annually in the United States, with children under age five and adults over 70 being the most vulnerable populations.

In California, these accidents are particularly common in densely populated urban and suburban areas where driveways open directly onto sidewalks with heavy pedestrian traffic. The state's Vehicle Code Section 22106 requires drivers to yield the right-of-way to pedestrians on sidewalks when entering or exiting driveways, but violations of this law occur daily. Many drivers fail to check blind spots, rely too heavily on backup cameras with limited fields of view, or simply don't expect pedestrians to be present in residential areas.

Driveway accidents differ from typical traffic collisions because they often involve lower speeds but can still cause devastating injuries due to the vulnerable position of pedestrians. Children are especially at risk because their small stature makes them difficult for drivers to see, and they may not understand the danger of playing near driveways. Our pedestrian accident lawyers have handled numerous driveway injury cases and understand the specific legal principles that apply to these unique accidents.

California Vehicle Code Section 22106 is the primary statute governing driveway safety. This law explicitly states that drivers must yield the right-of-way to pedestrians approaching on any sidewalk extending across the driveway. This means that even if a pedestrian is not yet directly in the driveway path, drivers must stop and wait if a pedestrian is approaching. Failure to yield constitutes negligence per se, meaning the violation itself establishes the driver's fault in any resulting accident.

Additionally, California Vehicle Code Section 22107 requires drivers to signal their intention to turn or change direction, which applies when entering or exiting driveways. Section 21950 reinforces pedestrian right-of-way at all unmarked crosswalks, which includes sidewalks crossing driveways. These laws create a clear legal framework that prioritizes pedestrian safety and establishes driver responsibility for checking surroundings before backing out or pulling into driveways.

Property owners may also face liability under California premises liability law if dangerous driveway conditions contribute to accidents. This includes inadequate lighting, overgrown vegetation blocking sightlines, improperly designed driveway slopes, or failure to maintain driveway surfaces. Our personal injury attorneys thoroughly investigate all potential sources of liability to ensure you receive full compensation from all responsible parties.

The majority of driveway pedestrian accidents result from driver negligence, with backing out without looking being the most common cause. Many drivers rely solely on rearview mirrors or backup cameras, both of which have significant blind spots that can completely obscure small children, pets, or even adults in certain positions. Other drivers are distracted by mobile phones, adjusting vehicle controls, or dealing with passengers while backing out, causing them to miss pedestrians in their path.

Excessive speed is another frequent factor, particularly in commercial driveways where drivers may be rushing. Even at speeds of just 5-10 mph, a vehicle can cause serious injuries to a pedestrian. Poor visibility conditions also contribute to many accidents—overgrown bushes, parked vehicles, fences, or architectural features can create blind spots that prevent drivers from seeing approaching pedestrians. Inadequate lighting in residential areas or commercial parking lots makes nighttime driveway navigation particularly hazardous.

Some accidents involve impaired drivers who have consumed alcohol or drugs, while others result from mechanical failures such as faulty brakes or transmission problems that cause vehicles to roll unexpectedly. In cases involving distracted driving or DUI accidents, additional liability and punitive damages may apply. Our legal team investigates all contributing factors to build the strongest possible case for our clients.

Determining liability in driveway pedestrian accidents requires careful analysis of the specific circumstances. In most cases, the driver bears primary responsibility for failing to yield to pedestrians as required by California law. When a driver backs out of a driveway without properly checking for pedestrians, they have violated Vehicle Code Section 22106 and can be held liable for resulting injuries. This liability extends to both the driver and potentially the vehicle owner if they are different parties.

Property owners may share liability if dangerous conditions on their property contributed to the accident. For example, if overgrown hedges blocked the driver's view of the sidewalk, or if inadequate lighting made it impossible to see pedestrians at night, the property owner could be held responsible under premises liability principles. In commercial settings, business owners have a heightened duty to maintain safe premises, including well-designed driveways with proper signage, lighting, and visibility.

In some cases, multiple parties may share fault. California follows a pure comparative negligence system, meaning that even if the pedestrian bears some responsibility—such as walking while distracted or wearing dark clothing at night—they can still recover damages reduced by their percentage of fault. Our experienced attorneys conduct thorough investigations to identify all liable parties and maximize your compensation, whether your case involves a car accident, truck accident, or other vehicle type.

Despite typically involving lower speeds than highway accidents, driveway pedestrian collisions frequently cause severe injuries. The most common injuries include fractures and broken bones, particularly to the legs, hips, pelvis, and arms as pedestrians instinctively try to protect themselves or are knocked to the ground. Hip fractures are especially serious for elderly victims and often require surgery followed by extensive rehabilitation. Our broken bones injury lawyers understand the long-term impact these injuries can have on your quality of life.

Head injuries and traumatic brain injuries (TBI) are also common, especially when pedestrians are knocked down and strike their heads on pavement or the vehicle itself. Even seemingly minor head impacts can result in concussions, skull fractures, or internal bleeding that may not be immediately apparent. Children are particularly vulnerable to head injuries due to their proportionally larger heads and developing brains. If you've suffered a head injury, our brain injury attorneys can help you pursue compensation for both immediate and long-term medical needs.

Spinal cord injuries, soft tissue damage, internal organ injuries, and road rash are other frequent consequences of driveway accidents. In the most tragic cases, these accidents result in fatalities, particularly when young children or elderly individuals are involved. The full extent of injuries may not be immediately apparent, which is why seeking prompt medical attention and legal representation is crucial. Our catastrophic injury lawyers work with medical experts to document all injuries and project future medical needs to ensure you receive full compensation.

If you've been struck by a vehicle in a driveway, your first priority should be seeking immediate medical attention, even if you don't think you're seriously injured. Many serious injuries, including internal bleeding, brain injuries, and spinal damage, may not produce immediate symptoms. Call 911 to ensure both medical help and police arrive at the scene. The police report will be crucial evidence for your claim, documenting the accident circumstances, driver information, and any traffic violations.

If you're physically able, gather evidence at the scene. Take photographs of the accident location, including the driveway, sidewalk, any obstructions to visibility, vehicle positions, and your injuries. Get contact information from the driver, vehicle owner, property owner, and any witnesses. Note the exact time, weather conditions, and lighting. If the driver makes any statements admitting fault, write them down or record them if legally permissible. This evidence can be invaluable when our legal team builds your case.

Do not give recorded statements to insurance companies or sign any documents without first consulting an attorney. Insurance adjusters often try to get accident victims to make statements that can be used to minimize or deny claims. Preserve all evidence including torn clothing, medical records, and receipts for any expenses related to the accident. Contact an experienced pedestrian accident attorney as soon as possible—California's two-year statute of limitations means you have limited time to file a claim, and early legal intervention can significantly strengthen your case.

Victims of driveway pedestrian accidents in California may be entitled to substantial compensation for their injuries and losses. Economic damages include all medical expenses—emergency room treatment, hospitalization, surgery, medication, physical therapy, assistive devices, and future medical care. You can also recover lost wages for time missed from work during recovery, as well as lost earning capacity if your injuries prevent you from returning to your previous occupation or reduce your ability to earn income in the future.

Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and permanent disability. These damages recognize that serious injuries impact every aspect of your life beyond just financial costs. California law does not cap non-economic damages in most personal injury cases, allowing juries to award compensation that truly reflects the severity of your suffering. Our attorneys work with medical experts, economists, and life care planners to accurately calculate the full value of your claim.

In cases involving particularly egregious conduct—such as drunk driving, extreme recklessness, or intentional misconduct—punitive damages may also be available. These damages are designed to punish the wrongdoer and deter similar conduct in the future. If a loved one was killed in a driveway accident, surviving family members may pursue wrongful death damages including funeral expenses, loss of financial support, and loss of companionship. Our track record of successful settlements and verdicts demonstrates our commitment to securing maximum compensation for every client.

Successfully recovering compensation requires proving that the driver (and potentially other parties) were negligent and that this negligence caused your injuries. Our attorneys gather comprehensive evidence including police reports, witness statements, photographs and video footage from security cameras or doorbell cameras, vehicle damage analysis, and accident reconstruction expert testimony. We also obtain the driver's cell phone records if distracted driving is suspected, and driving history to show patterns of reckless behavior.

Medical records and expert testimony establish the nature and extent of your injuries and link them directly to the accident. We work with accident reconstruction specialists who can analyze skid marks, vehicle positions, and impact patterns to demonstrate exactly how the accident occurred and who was at fault. In cases involving property defects, we may retain engineers or safety experts to evaluate whether inadequate lighting, poor driveway design, or visibility obstructions contributed to the accident.

California's negligence per se doctrine is particularly powerful in driveway accident cases. When a driver violates Vehicle Code Section 22106 by failing to yield to a pedestrian on a sidewalk, this violation establishes negligence as a matter of law—the driver is presumed to be at fault, and the burden shifts to them to prove otherwise. This legal principle significantly strengthens pedestrian injury claims and often leads to favorable settlements without the need for trial. Our satisfied clients consistently praise our thorough investigation and aggressive advocacy.

Driveway accidents involving children present unique legal and practical considerations. Children under age five are the most common victims of backover accidents, often because they are playing in or near driveways and are too small for drivers to see. California law recognizes that children cannot be held to the same standard of care as adults—courts apply a standard based on what a reasonable child of similar age, intelligence, and experience would do in similar circumstances.

This means that even if a child was playing in a driveway or ran behind a backing vehicle, they may still be entitled to full compensation because children are not expected to appreciate the dangers that adults would recognize. Parents or guardians can file claims on behalf of injured children, and any settlement or judgment for a minor must be approved by the court to ensure the child's interests are protected. Compensation for child victims often includes damages for future medical care, future lost earning capacity, and the long-term psychological impact of the trauma.

Our child pedestrian accident attorneys have extensive experience representing young victims and their families. We understand the emotional toll these accidents take on entire families and work compassionately with parents while aggressively pursuing justice against negligent drivers. We also ensure that settlement funds are properly structured to provide for the child's long-term needs, often through structured settlements or court-supervised trust accounts.

Driveway pedestrian accident claims typically involve the at-fault driver's auto insurance policy, which should provide liability coverage for injuries caused by the driver's negligence. California requires all drivers to carry minimum liability insurance of $15,000 per person and $30,000 per accident for bodily injury, though many drivers carry higher limits. However, these minimum amounts are often inadequate to fully compensate serious injury victims, making it crucial to identify all available insurance coverage.

If the driver is underinsured or uninsured, you may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have auto insurance. Homeowner's or renter's insurance policies may also provide coverage in some driveway accident scenarios, particularly if the accident occurred on the policyholder's property. In commercial settings, business liability insurance may cover accidents in business driveways or parking areas.

Insurance companies often dispute liability in driveway accidents, claiming the pedestrian was at fault or that the driver couldn't have seen them. They may also minimize injury severity or argue that medical treatment was unnecessary. Our attorneys have decades of experience negotiating with insurance companies and know their tactics. We don't accept lowball settlement offers and are fully prepared to take cases to trial when insurers refuse to offer fair compensation. We handle all communications with insurance adjusters so you can focus on recovery.

California's statute of limitations gives injury victims two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you will likely lose your right to pursue compensation forever, regardless of how strong your case may be. For wrongful death claims, the two-year period begins on the date of death, which may be different from the accident date if the victim survived for some time before succumbing to injuries.

There are limited exceptions to the two-year rule. If the victim is a minor, the statute of limitations is tolled (paused) until they turn 18, at which point they have two years to file. If the at-fault party leaves California, the time they spend out of state may not count toward the two-year limit. However, you should never rely on these exceptions—the sooner you consult an attorney and begin building your case, the better your chances of success.

Early legal action also allows us to preserve crucial evidence before it disappears. Surveillance footage is often deleted after 30-90 days, witnesses' memories fade, and physical evidence at the accident scene can change. Insurance companies must be notified of claims promptly, and delays can be used against you to argue that your injuries weren't serious. Contact our pedestrian accident lawyers for a free consultation as soon as possible after your accident to protect your rights.

At Hurt Advice, our California pedestrian accident attorneys have successfully represented hundreds of clients injured in driveway accidents throughout the state. We understand the unique challenges these cases present and have the resources, experience, and determination to maximize your compensation. Our attorneys have recovered millions of dollars for pedestrian accident victims and have a proven track record of success in both settlement negotiations and courtroom trials.

We work on a contingency fee basis, meaning you pay no attorney fees unless we win your case. This allows injury victims to access top-quality legal representation regardless of their financial situation. We advance all case costs including expert witness fees, investigation expenses, and court filing fees, so you never have to pay anything out of pocket. Our dedicated legal team provides personalized attention to every client, keeping you informed throughout the legal process and answering your questions promptly.

We offer free, no-obligation consultations where we'll review your case, explain your legal options, and provide honest advice about the best path forward. We handle all aspects of your claim so you can focus on healing—from investigating the accident and gathering evidence to negotiating with insurance companies and litigating in court if necessary. Our goal is not just to win your case, but to secure compensation that truly addresses all your needs and helps you rebuild your life after a devastating accident. Contact us today to schedule your free consultation and learn how we can help you pursue justice.