Pedestrian Accidents in Drive-Thru Lanes: Your California Legal Rights

Drive-thru lanes have proliferated across California, with the state having more drive-thru facilities per capita than almost anywhere else in the nation. From the iconic In-N-Out Burger lines that wrap around buildings to Starbucks locations with dual-lane ordering systems, these facilities process millions of transactions daily. However, the design of many drive-thru lanes creates inherent hazards for pedestrians who must cross or walk near vehicle traffic lanes to access the main entrance or parking areas.

According to California Department of Transportation data, pedestrian accidents in commercial parking lots and drive-thru areas have increased by 23% over the past five years. Many of these incidents occur because drivers are distracted by menu boards, mobile ordering apps, or conversations with passengers while navigating tight spaces at low speeds. The assumption that 'slow-moving' vehicles pose less danger is dangerously false—even impacts at 5-10 mph can cause serious injuries to pedestrians, particularly children, elderly individuals, and those with pre-existing conditions. If you've been injured in any type of pedestrian accident, understanding California's liability laws is crucial.

The confined nature of drive-thru lanes compounds the danger. Unlike open parking lots where pedestrians have more visibility and escape routes, drive-thru lanes often feature high curbs, landscaping barriers, and building walls that limit pedestrian options when a vehicle approaches unexpectedly. Poor lighting, inadequate signage warning drivers to watch for pedestrians, and the absence of designated pedestrian walkways all contribute to the accident risk.

• ✓Fast food restaurants account for approximately 40% of drive-thru pedestrian accidents in California
• ✓Coffee shop drive-thrus see increased incidents during morning rush hours (6-9 AM)
• ✓Bank and pharmacy drive-thrus present unique risks due to longer transaction times and driver distraction
• ✓Children under 12 and adults over 65 represent disproportionate percentages of drive-thru pedestrian injury victims

Driver inattention is the leading cause of drive-thru pedestrian accidents in California. Motorists focused on menu boards, mobile phones, or fumbling with payment methods often fail to notice pedestrians crossing their path. The expectation that drive-thru lanes are 'vehicle-only' zones creates a dangerous cognitive bias where drivers simply don't anticipate pedestrian presence. This is particularly problematic during busy periods when drivers are impatient and rushing through the ordering process.

Backing accidents represent another significant category of drive-thru incidents. When drivers realize they've entered the wrong lane, missed the ordering point, or want to exit the queue, they may attempt to back up without adequately checking for pedestrians behind their vehicle. Backup cameras and sensors, while helpful, don't eliminate the risk—especially when pedestrians are in blind spots or when drivers ignore warning signals. These vehicle accidents in confined spaces can result in pedestrians being pinned against walls, curbs, or other vehicles.

Poor facility design and maintenance also contribute to accidents. Faded pavement markings, broken lighting, overgrown landscaping that obscures sightlines, and the absence of pedestrian crossing zones all increase risk. Some drive-thru lanes are designed with sharp turns or merge points where vehicles from parking areas enter the queue, creating conflict points where pedestrians and vehicles intersect unexpectedly. Property owners have a legal duty to maintain reasonably safe premises, and failures in this regard can establish liability.

• ✓Distracted driving (phones, passengers, food/drinks) accounts for 52% of drive-thru pedestrian accidents
• ✓Backing/reversing incidents represent 28% of cases
• ✓Excessive speed in drive-thru lanes contributes to 15% of accidents
• ✓Poor visibility due to facility design or maintenance factors into 31% of incidents

California operates under a 'pure comparative negligence' system, which means that liability for a drive-thru pedestrian accident can be shared among multiple parties based on their percentage of fault. The driver who struck the pedestrian typically bears primary responsibility, but property owners, management companies, and even the pedestrian themselves may share liability depending on the circumstances. This system allows injured pedestrians to recover damages even if they were partially at fault, though their compensation will be reduced by their percentage of responsibility.

Driver liability is usually established through California Vehicle Code sections that require motorists to exercise reasonable care and watch for pedestrians in all areas where pedestrian traffic might reasonably be expected—including commercial parking lots and drive-thru areas. Even in spaces primarily designed for vehicles, drivers have a duty to remain vigilant and yield to pedestrians. Evidence such as witness statements, surveillance video, and accident reconstruction can demonstrate that a driver was negligent by speeding, failing to look, driving while distracted, or violating other traffic safety principles.

Premises liability claims against property owners and business operators represent another avenue for compensation. California law requires property owners to maintain their premises in a reasonably safe condition and to warn visitors of known hazards. If a drive-thru lane has dangerous design features, inadequate lighting, missing signage, or other hazardous conditions that contributed to the accident, the property owner may be held liable. This is particularly relevant when accidents occur repeatedly at the same location, suggesting a known dangerous condition that wasn't adequately addressed. Our personal injury attorneys have extensive experience with premises liability claims.

• ✓Drivers can be held liable for negligence, distracted driving, or Vehicle Code violations
• ✓Property owners may face premises liability for dangerous conditions, poor design, or inadequate maintenance
• ✓Business operators can be liable for failing to implement reasonable safety measures
• ✓Multiple parties can share liability, with damages apportioned based on fault percentages

Despite the relatively low speeds involved, drive-thru pedestrian accidents frequently result in serious injuries. The human body is simply not designed to withstand impact from a multi-ton vehicle, even at 5-15 mph. Lower extremity injuries are particularly common, including fractured legs, crushed feet, torn ligaments, and knee injuries. When pedestrians are struck from behind or from the side, they often fall to the pavement, resulting in secondary impact injuries to the head, shoulders, and hips. These broken bones and fractures can require extensive medical treatment and lengthy recovery periods.

Traumatic brain injuries (TBI) occur when pedestrians strike their heads on the vehicle, pavement, or nearby structures during the accident. Even seemingly minor head impacts can result in concussions, which may have long-lasting cognitive and emotional effects. More severe TBI cases can involve skull fractures, brain bleeding, and permanent neurological damage. Given that many drive-thru accidents involve children and elderly victims—populations particularly vulnerable to head injuries—the TBI risk is especially concerning. Our brain injury lawyers understand the long-term implications of these injuries.

Spinal cord injuries, while less common, represent the most catastrophic outcomes of drive-thru pedestrian accidents. When vehicles pin pedestrians against walls or other objects, or when pedestrians are run over, the resulting spinal trauma can lead to partial or complete paralysis. Back and neck injuries, including herniated discs, compression fractures, and soft tissue damage, are also frequent. These injuries often require surgery, extensive rehabilitation, and may result in permanent disability that affects the victim's ability to work and enjoy life. Victims with spinal cord injuries face particularly challenging recovery journeys.

• ✓Lower extremity injuries (legs, feet, knees) in 64% of cases
• ✓Head injuries and traumatic brain injuries in 38% of cases
• ✓Back and neck injuries in 42% of cases
• ✓Upper extremity injuries (arms, hands, shoulders) in 29% of cases
• ✓Internal injuries and soft tissue damage in 31% of cases

Proving liability in drive-thru pedestrian accident cases requires gathering and preserving critical evidence. Surveillance video is often the most valuable evidence, as many commercial properties have security cameras covering parking lots and drive-thru areas. This footage can definitively show how the accident occurred, whether the driver was distracted or negligent, and whether any dangerous property conditions contributed to the incident. However, this video is typically retained for only 30-90 days, making it essential to act quickly to preserve this evidence through a formal preservation letter from an attorney.

Witness testimony provides crucial corroboration of the accident circumstances. Other customers in the drive-thru line, employees working near windows, or pedestrians in the parking lot may have observed the accident. Their statements can establish facts such as the vehicle's speed, whether the driver was looking at their phone, whether warning signs were present, and whether the pedestrian was in a marked crossing area. Physical evidence from the accident scene—including skid marks, vehicle damage, debris patterns, and the pedestrian's injuries—can also help accident reconstruction experts determine how the collision occurred.

Documentation of the property's condition is essential for premises liability claims. Photographs showing inadequate lighting, faded pavement markings, obstructed sightlines, or the absence of pedestrian safety features can demonstrate that the property owner failed to maintain a reasonably safe environment. Prior accident reports or complaints about the same location can establish that the owner had knowledge of the dangerous condition. Our experienced attorneys know how to gather and present this evidence effectively.

• ✓Surveillance video from the business and surrounding properties
• ✓Witness statements from customers, employees, and bystanders
• ✓Police accident reports and officer observations
• ✓Photographs and measurements of the accident scene
• ✓Vehicle damage analysis and accident reconstruction
• ✓Medical records documenting injuries and treatment
• ✓Prior incident reports showing a pattern of accidents at the location

Insurance companies defending drive-thru pedestrian accident claims frequently argue that the pedestrian was partially or entirely at fault for the accident. Common defenses include allegations that the pedestrian was jaywalking through the drive-thru lane, failed to watch for vehicles, was distracted by a phone, or was in an area where pedestrians shouldn't be. Under California's pure comparative negligence system, if these arguments succeed, the pedestrian's compensation will be reduced by their percentage of fault. For example, if a jury determines the pedestrian was 30% at fault and awards $100,000 in damages, the pedestrian would receive $70,000.

However, even when pedestrians are in drive-thru lanes, drivers still have a duty to exercise reasonable care and watch for pedestrians. California courts have consistently held that drivers cannot simply assume that certain areas are 'vehicle-only' zones where they can ignore the possibility of pedestrian presence. The fact that a pedestrian was in a drive-thru lane doesn't automatically make them negligent—particularly if there were no signs prohibiting pedestrian access, if the pedestrian was crossing to reach the restaurant entrance, or if the lobby was closed and the drive-thru was the only way to access service.

Defending against comparative negligence arguments requires thorough investigation and strategic presentation of evidence. Showing that the property lacked adequate pedestrian walkways, that signage was absent or confusing, that the pedestrian had a legitimate reason to be in the area, and that the driver had the 'last clear chance' to avoid the accident can minimize or eliminate pedestrian fault. Expert testimony from safety engineers and accident reconstruction specialists can be particularly valuable in these cases. Similar principles apply to bicycle accidents where comparative negligence is often raised.

• ✓California's pure comparative negligence allows recovery even if pedestrian was partially at fault
• ✓Compensation is reduced by the pedestrian's percentage of fault
• ✓Drivers have a duty to watch for pedestrians even in drive-thru lanes
• ✓Absence of pedestrian safety features can reduce or eliminate pedestrian fault
• ✓'Last clear chance' doctrine may apply when driver could have avoided the accident

Victims of drive-thru pedestrian accidents in California may be entitled to comprehensive compensation covering both economic and non-economic damages. Economic damages include all quantifiable financial losses resulting from the accident: medical expenses (emergency treatment, hospitalization, surgery, rehabilitation, ongoing care), lost wages (both past and future earnings if the injury affects work capacity), property damage (clothing, phones, or other items damaged in the accident), and out-of-pocket expenses related to the injury. California law allows recovery of all reasonable and necessary medical expenses, even if health insurance paid some of the bills.

Non-economic damages compensate for intangible losses that don't have a specific dollar value but significantly impact the victim's life. Pain and suffering—both physical pain from injuries and emotional distress from the trauma—represents a major component of non-economic damages. Loss of enjoyment of life, disfigurement from scarring, loss of consortium (impact on relationships with spouse and family), and emotional distress including anxiety, depression, and PTSD are all compensable. In cases involving catastrophic injuries, these non-economic damages can exceed economic damages.

In rare cases involving particularly egregious conduct—such as a driver who was severely intoxicated, intentionally reckless, or fled the scene—California law allows for punitive damages designed to punish the wrongdoer and deter similar conduct. While not available in most cases, punitive damages can significantly increase the total compensation when applicable. The total value of a drive-thru pedestrian accident claim depends on injury severity, the clarity of liability, available insurance coverage, and the skill of your legal representation. Our case results demonstrate our track record of securing substantial compensation for injured clients.

• ✓Medical expenses: emergency care, hospitalization, surgery, rehabilitation, future treatment
• ✓Lost wages: past earnings and future income loss if unable to work
• ✓Pain and suffering: physical pain and emotional distress
• ✓Loss of enjoyment of life and loss of consortium
• ✓Property damage and out-of-pocket expenses
• ✓Punitive damages in cases of extreme negligence or intentional misconduct

California law imposes strict time limits for filing personal injury lawsuits, known as statutes of limitations. For pedestrian accidents involving private parties, you generally have two years from the date of the accident to file a lawsuit in civil court. This deadline is absolute—if you miss it, the court will dismiss your case regardless of how strong your claim is or how seriously you were injured. The two-year clock starts ticking on the date of the accident, not when you discover the full extent of your injuries or when you finish medical treatment.

There are limited exceptions to the two-year rule. If the accident involved a government entity—such as a city-owned property, county facility, or state-operated location—you must file a government claim within six months of the accident before you can file a lawsuit. For minors (under 18), the statute of limitations is tolled until they turn 18, at which point they have two years to file. If the defendant left California after the accident, the time they were absent may not count toward the two-year limit. However, these exceptions are narrow and technical, making it essential to consult with an attorney promptly.

Even if you're still receiving medical treatment or negotiating with insurance companies, the statute of limitations continues to run. Insurance adjusters know about these deadlines and may deliberately delay settlement negotiations hoping you'll miss the filing deadline and lose your right to sue. Once the deadline passes, your leverage in settlement negotiations evaporates because the insurance company knows you can no longer file a lawsuit. This is why it's critical to contact a pedestrian accident lawyer as soon as possible after your accident—even if you're not sure whether you want to file a lawsuit.

• ✓Two-year statute of limitations for most pedestrian accident cases in California
• ✓Six-month deadline for government claim filing if a public entity is involved
• ✓Deadline is absolute—missing it means losing your right to compensation
• ✓Limited exceptions for minors, defendants who leave the state, and certain other circumstances
• ✓Insurance companies may delay hoping you'll miss the deadline

Drive-thru pedestrian accident cases often involve multiple insurance policies that may provide coverage. The at-fault driver's auto insurance policy is the primary source of compensation, with California requiring minimum liability coverage of $15,000 per person for bodily injury. However, these minimum limits are often inadequate for serious injury cases, making it important to identify all available coverage sources. If the driver has higher liability limits or umbrella coverage, these policies can provide additional compensation beyond the minimum requirements.

Commercial general liability (CGL) insurance carried by the property owner or business operator may also provide coverage, particularly when premises liability claims are involved. These policies typically have much higher limits than personal auto policies—often $1 million or more—making them valuable sources of compensation. However, CGL insurers often dispute coverage, arguing that the accident involved a vehicle and should be covered by auto insurance, not premises liability insurance. Resolving these coverage disputes requires legal expertise and sometimes litigation to force insurers to honor their obligations.

Uninsured/underinsured motorist (UM/UIM) coverage on your own auto insurance policy can provide crucial compensation when the at-fault driver lacks adequate insurance. Many Californians don't realize that their UM/UIM coverage extends to pedestrian accidents, not just accidents while driving. If you were hit by an uninsured driver or a driver with minimum limits that don't cover your damages, your UM/UIM coverage can fill the gap. Medical payments coverage (MedPay) on your auto policy can also pay medical bills regardless of fault. Our legal team can help identify all available insurance coverage to maximize your compensation.

• ✓At-fault driver's auto liability insurance (minimum $15,000 in California)
• ✓Driver's umbrella or excess liability policies
• ✓Property owner's commercial general liability insurance
• ✓Business operator's liability coverage
• ✓Your own uninsured/underinsured motorist coverage
• ✓Your own medical payments (MedPay) coverage
• ✓Workers' compensation if the accident occurred during work duties

Drive-thru pedestrian accident cases involve complex legal and factual issues that are difficult to navigate without experienced legal representation. Insurance companies employ teams of adjusters, investigators, and lawyers whose job is to minimize payouts. They'll use sophisticated tactics to reduce your claim value—arguing you were at fault, claiming your injuries aren't as serious as you say, offering quick lowball settlements before you understand the full extent of your damages, or simply delaying in hopes you'll give up or miss critical deadlines. Without a lawyer, you're at a severe disadvantage in these negotiations.

An experienced pedestrian accident attorney brings critical resources to your case: immediate investigation to preserve evidence before it's lost, access to medical experts who can document your injuries and future care needs, accident reconstruction specialists who can prove how the accident occurred, economic experts who can calculate your future lost earnings, and negotiation skills honed through hundreds of similar cases. Your attorney handles all communication with insurance companies, protecting you from making statements that could hurt your case, and fights for full compensation while you focus on recovery.

Most pedestrian accident lawyers, including our firm, work on a contingency fee basis—meaning you pay no attorney fees unless we recover compensation for you. This arrangement allows injured pedestrians to access high-quality legal representation regardless of their financial situation. The contingency fee (typically 33-40% of the recovery) is paid from the settlement or verdict, not out of your pocket. Given that represented clients typically recover significantly more compensation than unrepresented individuals—even after attorney fees—hiring a lawyer is almost always financially beneficial. Our client testimonials reflect the value we provide to injured pedestrians and their families.

• ✓Insurance companies have teams working to minimize your claim
• ✓Attorneys preserve critical evidence and conduct thorough investigations
• ✓Legal representation provides access to medical, economic, and technical experts
• ✓Lawyers handle all insurance negotiations and protect your rights
• ✓Contingency fee arrangements mean no upfront costs or attorney fees unless you win
• ✓Represented clients typically recover significantly more compensation than unrepresented individuals

If you're involved in a drive-thru pedestrian accident, your immediate priority is safety and medical care. Call 911 to report the accident and request medical assistance, even if your injuries seem minor—some serious injuries don't manifest symptoms immediately, and having a police report and medical documentation from the scene strengthens your legal claim. If you're able, move to a safe location away from vehicle traffic. Don't leave the scene before police arrive, as this could complicate your claim and potentially result in legal issues.

Document everything you can about the accident. Take photos of the accident scene, including the vehicle that hit you, the drive-thru lane layout, any relevant signage (or lack thereof), lighting conditions, and your visible injuries. Get contact information from the driver, including their name, phone number, insurance information, and license plate number. Identify witnesses and get their contact information—their statements may be crucial to your case. If the business has security cameras, inform the responding officer and ask that the video be preserved. Write down your own recollection of how the accident occurred while the details are fresh in your memory.

Seek comprehensive medical evaluation even if you don't think you're seriously injured. Some injuries, particularly head injuries, internal injuries, and soft tissue damage, may not cause immediate pain but can have serious long-term consequences. Follow all treatment recommendations and attend all follow-up appointments—gaps in treatment give insurance companies ammunition to argue your injuries weren't serious. Keep detailed records of all medical treatment, expenses, lost work time, and how the injuries have affected your daily life. Contact a personal injury lawyer near you as soon as possible to protect your rights and begin the claims process.

• ✓Call 911 immediately to report the accident and get medical help
• ✓Document the scene with photos and videos if possible
• ✓Get driver's contact and insurance information
• ✓Identify and get contact information from witnesses
• ✓Request that surveillance video be preserved
• ✓Seek immediate medical evaluation even for seemingly minor injuries
• ✓Keep detailed records of all medical treatment and expenses
• ✓Contact an experienced pedestrian accident attorney promptly

Insurance adjusters handling drive-thru pedestrian accident claims employ predictable tactics designed to reduce payouts. One common approach is the quick settlement offer—contacting you within days of the accident with an offer that seems reasonable but is actually far below the true value of your claim. These offers come before you know the full extent of your injuries, before you've incurred all medical expenses, and before you've calculated lost wages and other damages. Once you accept and sign a release, you cannot seek additional compensation even if your injuries turn out to be more serious than initially thought.

Another tactic is requesting a recorded statement about the accident. The adjuster will present this as a routine requirement, but it's actually a trap. They'll ask leading questions designed to get you to minimize your injuries, accept partial blame for the accident, or make inconsistent statements they can use against you later. You are not legally required to give a recorded statement to the other party's insurance company, and doing so without legal advice can seriously damage your claim. Similarly, adjusters may ask to access your medical records or social media accounts, looking for information they can use to argue your injuries aren't accident-related or aren't as serious as claimed.

Delay is another favorite insurance company tactic. They may take weeks to respond to communications, request unnecessary documentation repeatedly, or claim they need more time to 'investigate' obvious liability. This delay serves multiple purposes: it frustrates you into accepting a lower settlement, it increases your financial pressure if you're missing work and facing mounting medical bills, and it runs down the statute of limitations clock. Having an attorney who knows these tactics and how to counter them is essential. Our experienced legal team has dealt with every insurance company trick and knows how to protect your interests.

• ✓Quick lowball settlement offers before you know the full extent of damages
• ✓Requests for recorded statements designed to trap you into damaging admissions
• ✓Demands for broad medical record releases to find pre-existing conditions
• ✓Social media monitoring to find posts that contradict injury claims
• ✓Deliberate delays to frustrate you and run down the statute of limitations
• ✓Arguments that you were at fault or that your injuries aren't serious
• ✓Offers to settle for policy limits when additional coverage may be available