California Highway Pedestrian Accident Lawyer: Your Legal Rights

Highway pedestrian accidents occur for various reasons, but they all share one common factor: high-speed traffic creates deadly conditions for anyone on foot. Understanding the causes of these accidents is essential for establishing liability and building a strong compensation claim.

Vehicle breakdowns are one of the leading causes of highway pedestrian accidents. When a car breaks down on a busy freeway, occupants may exit the vehicle to assess the problem, call for help, or attempt to push the car to safety. During these vulnerable moments, passing vehicles can strike pedestrians who have limited space to avoid traffic. Car accident cases involving pedestrians on highways often result in catastrophic injuries due to the speed differential.

Distracted driving is another major factor. Drivers texting, using navigation systems, or engaging in other distractions may not see a pedestrian on the highway until it's too late. Distracted driving accidents on high-speed roadways are particularly deadly because drivers have less time to brake or swerve. Drunk driving also plays a significant role, as impaired drivers have reduced reaction times and may drift onto highway shoulders where pedestrians might be walking.

While it's illegal for pedestrians to walk on most California freeways and highways, there are legitimate reasons why people find themselves in these dangerous situations. Understanding these circumstances is crucial for defending against insurance company arguments that pedestrians were at fault.

Vehicle emergencies are the most common reason. When a car breaks down, overheats, or runs out of gas on a highway, occupants may have no choice but to exit the vehicle. California law requires drivers to pull as far to the right as possible during emergencies, but this still places pedestrians dangerously close to high-speed traffic. Some pedestrians are struck while walking to call boxes, gas stations, or safe areas.

Mental health crises and homelessness also contribute to highway pedestrian accidents. Individuals experiencing mental health emergencies may wander onto freeways without understanding the danger. California's homeless population sometimes seeks shelter under highway overpasses or walks along freeway shoulders, putting them at risk of being struck. Regardless of the reason a pedestrian is on a highway, drivers still have a legal duty to exercise reasonable care and avoid causing catastrophic injuries.

The injuries sustained in highway pedestrian accidents are typically far more severe than those in lower-speed collisions. When a vehicle traveling at 65 mph or faster strikes a pedestrian, the results are often life-threatening or fatal. Understanding the full scope of these injuries is essential for pursuing adequate compensation.

Traumatic brain injuries are extremely common in highway pedestrian accidents. The force of impact can cause the pedestrian's head to strike the vehicle, windshield, or pavement with tremendous force, resulting in skull fractures, brain bleeding, and permanent cognitive impairment. Many victims require long-term rehabilitation and may never fully recover their previous level of functioning.

Spinal cord injuries are another devastating consequence of high-speed pedestrian collisions. The impact can fracture vertebrae, sever the spinal cord, and cause partial or complete paralysis. Victims may face lifetime wheelchair use, loss of bodily functions, and the need for 24-hour care. Multiple broken bones and fractures are virtually guaranteed in these accidents, often requiring multiple surgeries, metal implants, and extensive physical therapy. Internal organ damage, severe road rash, and back and neck injuries are also common, frequently requiring emergency surgery and prolonged hospitalization.

While California Vehicle Code Section 21960 generally prohibits pedestrians from walking on freeways, this doesn't mean pedestrians lose all legal protections. California law still requires drivers to exercise reasonable care to avoid striking pedestrians, even when those pedestrians are in prohibited areas.

Under California's comparative negligence system, even if a pedestrian was partially at fault for being on a highway, they can still recover compensation for their injuries. The court will assign a percentage of fault to each party, and the pedestrian's compensation will be reduced by their percentage of fault. For example, if a pedestrian is found 30% at fault for being on the highway, they can still recover 70% of their total damages.

California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians in crosswalks and to exercise due care for pedestrian safety at all times. This duty extends to highways and freeways. If a driver sees a pedestrian on a highway, they have a legal obligation to slow down, change lanes if possible, and take reasonable steps to avoid a collision. Failure to do so can constitute negligence, making the driver liable for the pedestrian's injuries. Our pedestrian accident lawyers have successfully argued that drivers bear primary responsibility even when pedestrians were technically violating traffic laws.

Establishing liability in highway pedestrian accident cases requires thorough investigation and compelling evidence. Insurance companies will aggressively argue that the pedestrian was at fault for being on the highway, making it essential to build a strong case demonstrating driver negligence.

Accident reconstruction is often necessary in these cases. Experts can analyze skid marks, vehicle damage, debris patterns, and highway surveillance footage to determine the driver's speed, reaction time, and whether they had sufficient opportunity to avoid the collision. This evidence can prove that the driver was speeding, distracted, or failed to maintain proper lookout.

Witness testimony is invaluable. Other drivers who saw the accident can testify about the driver's behavior before the collision, whether they were weaving between lanes, using a phone, or driving erratically. Highway patrol reports and 911 call recordings can also provide crucial evidence. Our attorneys work with accident reconstruction specialists, medical experts, and investigators to build comprehensive cases that overcome insurance company defenses. We've successfully proven liability in cases involving hit-and-run drivers, drunk drivers, and commercial truck drivers who struck pedestrians on California highways.

Victims of highway pedestrian accidents are entitled to comprehensive compensation for all losses resulting from their injuries. Given the severity of injuries in high-speed collisions, these damages can be substantial and should account for both current and future needs.

Economic damages include all financial losses: medical expenses (emergency treatment, surgeries, hospitalization, rehabilitation, medications, medical equipment), lost wages and loss of earning capacity if injuries prevent returning to work, property damage, and home modification costs for wheelchair accessibility or other disability accommodations. In highway pedestrian accident cases, medical bills often exceed hundreds of thousands or even millions of dollars due to the severity of injuries.

Non-economic damages compensate for intangible losses: pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, disfigurement and scarring, and loss of consortium for spouses. In cases involving wrongful death, families can recover funeral expenses, loss of financial support, and loss of companionship. California law also allows for punitive damages in cases involving extreme negligence or intentional misconduct, such as drunk driving or hit-and-run accidents. Our personal injury attorneys have recovered multi-million dollar settlements for highway pedestrian accident victims throughout California.

California law imposes strict deadlines for filing pedestrian accident lawsuits. Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means losing your right to compensation forever.

There are limited exceptions to the two-year rule. If the victim was a minor at the time of the accident, the statute of limitations doesn't begin until they turn 18. If the accident involved a government entity (such as a Caltrans vehicle or city maintenance truck), you must file a government claim within six months of the accident before you can file a lawsuit. If the victim was mentally incapacitated after the accident, the statute of limitations may be tolled (paused) until they regain capacity.

Don't wait to contact an attorney. Evidence disappears quickly—surveillance footage is erased, witnesses forget details, and physical evidence at the accident scene is lost. Insurance companies also use delays against you, arguing that if you weren't seriously injured, you would have sought legal help immediately. Our California pedestrian accident lawyers offer free consultations and can begin investigating your case immediately to preserve crucial evidence and protect your legal rights.

Insurance companies will use every tactic possible to minimize or deny your highway pedestrian accident claim. Their adjusters are trained to find reasons to blame the pedestrian, and they'll use California's comparative negligence laws to reduce their payout as much as possible.

Common insurance company tactics include: arguing the pedestrian was illegally on the highway and therefore at fault, claiming the driver couldn't have seen the pedestrian in time to avoid the accident, offering quick lowball settlements before victims understand the full extent of their injuries, using recorded statements against victims to establish partial fault, and delaying claims to pressure victims into accepting inadequate settlements.

Never give a recorded statement to an insurance adjuster without consulting an attorney first. Anything you say can be used to reduce your compensation. Don't accept the first settlement offer—it's almost always far less than your claim is worth. Insurance companies count on victims not knowing the true value of their cases. Our attorneys handle all communications with insurance companies, protecting you from their tactics while we build a strong case for maximum compensation. We've successfully negotiated settlements with major insurers including State Farm, Geico, Progressive, and Allstate, as well as commercial trucking insurers in truck accident cases.

The moments and days following a highway pedestrian accident are critical for both your health and your legal case. Taking the right steps can significantly impact your ability to recover compensation.

First and foremost, seek immediate medical attention. Even if you don't think you're seriously injured, the adrenaline from the accident can mask pain and symptoms. Some injuries, particularly brain injuries and internal bleeding, may not be immediately apparent but can be life-threatening if left untreated. Emergency responders should be called to the scene, and you should be transported to a hospital for a complete evaluation.

If you're physically able, document the accident scene. Take photos of the location, vehicle damage, your injuries, skid marks, and any other relevant evidence. Get contact information from witnesses. Request a copy of the police report. Keep all medical records, bills, and documentation of lost wages. Do not post about the accident on social media—insurance companies monitor social media accounts and will use your posts against you. Contact an experienced pedestrian accident attorney near you as soon as possible. The sooner we can begin investigating your case, the stronger your claim will be.

Highway pedestrian accident cases are among the most complex personal injury claims. They involve unique legal issues, aggressive insurance company defenses, and often catastrophic injuries requiring extensive medical expertise. You need an attorney who specializes in these cases and has a proven track record of success.

Our California highway pedestrian accident lawyers have decades of combined experience handling high-speed pedestrian collision cases. We understand the technical aspects of accident reconstruction, the medical complexities of severe trauma injuries, and the legal strategies needed to overcome comparative negligence defenses. We work with top experts in accident reconstruction, biomechanics, and medicine to build compelling cases.

We operate on a contingency fee basis, meaning you pay nothing unless we win your case. We advance all costs of investigation and litigation, so you don't have to worry about legal expenses while you're recovering from your injuries. Our attorneys have recovered millions in compensation for pedestrian accident victims throughout California, including record-setting settlements in highway collision cases. We're not afraid to take cases to trial when insurance companies refuse to offer fair settlements. Our case results speak for themselves, and our client testimonials demonstrate our commitment to fighting for maximum compensation.

Insurance companies and defense attorneys use predictable arguments to avoid paying fair compensation in highway pedestrian accident cases. Understanding these defenses helps us prepare strong counterarguments that protect your rights.

The primary defense is that the pedestrian was illegally on the highway and therefore assumed the risk of injury. While it's true that pedestrians are generally prohibited from freeways, this doesn't absolve drivers of their duty to exercise reasonable care. We argue that drivers still have a legal obligation to avoid striking pedestrians, even in prohibited areas, and that comparative negligence should be applied rather than complete fault being assigned to the pedestrian.

Another common defense is that the driver couldn't have seen the pedestrian in time to avoid the accident. Insurance companies claim the pedestrian appeared suddenly or was wearing dark clothing at night. We counter this with accident reconstruction evidence showing the driver had adequate time to react if they had been paying attention and driving at a safe speed. We also investigate whether the driver was distracted, speeding, or impaired. In cases involving motorcycle accidents, bicycle accidents, or rideshare accidents on highways, similar defense tactics are used, and we've developed effective strategies to overcome them.

If you or a loved one was injured in a highway pedestrian accident in California, time is critical. Evidence disappears, witnesses become harder to locate, and the statute of limitations is counting down. You need experienced legal representation immediately to protect your rights and maximize your compensation.

Our California highway pedestrian accident lawyers offer free, no-obligation consultations. We'll review your case, explain your legal options, and provide honest advice about the strength of your claim. We handle cases throughout California, including Los Angeles, San Francisco, San Diego, Sacramento, and all surrounding areas. We come to you if you're unable to travel due to your injuries.

Don't let insurance companies take advantage of you during this difficult time. Contact our experienced legal team today for your free consultation. We're ready to fight for the compensation you deserve and hold negligent drivers accountable for the harm they've caused. Call now or visit our law firm to learn more about how we can help you recover physically, emotionally, and financially from your highway pedestrian accident.