Pedestrian Accidents at Gas Stations: Your Legal Rights in California

Gas stations present multiple hazards that contribute to pedestrian accidents. The most common cause is vehicles backing out of pump spaces without checking for pedestrians. Drivers often focus on their mirrors and backup cameras while ignoring pedestrians walking behind their vehicles. This is especially dangerous during busy periods when multiple vehicles maneuver simultaneously.

Distracted driving is another leading cause. Drivers entering gas stations are often looking at fuel prices, checking their phones for directions, or dealing with passengers. This divided attention means they may not see pedestrians crossing the lot or walking near pump areas. Distracted driving accidents at gas stations frequently result in serious injuries because pedestrians have no protection from vehicle impact.

Poor property maintenance also contributes significantly to gas station pedestrian accidents. Fuel spills create slippery surfaces, potholes and uneven pavement cause trip-and-fall accidents, and inadequate lighting makes it difficult for drivers to see pedestrians at night. Gas station owners have a legal duty to maintain safe premises, and failure to do so can result in catastrophic injuries for unsuspecting pedestrians.

Liability in gas station pedestrian accidents can fall on multiple parties. The driver who struck you is typically the primary defendant, especially if they were negligent—backing without looking, speeding through the lot, or driving while distracted. California follows a pure comparative negligence system, meaning even if you share some fault, you can still recover damages reduced by your percentage of responsibility.

Gas station owners and operators may also be liable under premises liability law. Property owners must maintain safe conditions and warn visitors of known hazards. If poor lighting, unmarked hazards, inadequate signage, or failure to clean fuel spills contributed to your accident, the gas station owner may be held responsible. Many gas stations are owned by major corporations with substantial insurance coverage, making them important defendants in serious injury cases.

In some cases, third parties may share liability. If a vehicle defect caused the accident—such as faulty brakes or a malfunctioning backup camera—the vehicle manufacturer could be liable. If a contractor was performing work at the gas station and created a hazard, they might share responsibility. Personal injury attorneys experienced in gas station accidents know how to identify all potentially liable parties to maximize your compensation.

California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians in marked and unmarked crosswalks. This applies to gas station entrances and exits where pedestrians cross driveways. Drivers must exercise due care and reduce speed when approaching pedestrians, regardless of whether formal crosswalks are marked.

Premises liability law, governed by California Civil Code Section 1714, requires property owners to maintain their premises in a reasonably safe condition. Gas station owners must regularly inspect for hazards, promptly repair dangerous conditions, and provide adequate warnings when hazards cannot be immediately fixed. This includes maintaining proper lighting, marking pedestrian walkways, and quickly cleaning fuel spills.

California's comparative negligence rule (Civil Code Section 1431.2) means that even if you were partially at fault—perhaps by walking in an unmarked area—you can still recover damages. For example, if you're found 20% at fault and your damages total $100,000, you would receive $80,000. This makes it crucial to work with experienced pedestrian accident lawyers who can minimize any fault attributed to you.

Gas station pedestrian accidents often result in severe injuries due to the force of vehicle impacts in confined spaces. Broken bones and fractures are extremely common, particularly in the legs, hips, and pelvis when vehicles strike pedestrians at low to moderate speeds. These injuries often require surgery, extended rehabilitation, and may result in permanent mobility limitations.

Traumatic brain injuries occur when pedestrians are knocked to the ground and strike their heads on pavement or vehicles. Even seemingly minor head impacts can cause concussions, while more severe accidents may result in skull fractures, brain bleeding, or permanent cognitive impairment. TBIs often have delayed symptoms, making immediate medical evaluation critical even if you feel fine initially.

Spinal cord injuries represent the most catastrophic outcomes of gas station pedestrian accidents. Vehicle impacts can fracture vertebrae or damage the spinal cord itself, potentially causing partial or complete paralysis. These life-altering injuries require extensive medical treatment, adaptive equipment, home modifications, and ongoing care that can cost millions of dollars over a lifetime.

• ✓Soft tissue injuries including sprains, strains, and torn ligaments
• ✓Back and neck injuries from impact or falls
• ✓Internal organ damage from blunt force trauma
• ✓Road rash and lacerations from being dragged or falling on pavement
• ✓Psychological trauma including PTSD, anxiety, and depression

Your actions immediately after a gas station pedestrian accident can significantly impact your ability to recover compensation. First and foremost, seek medical attention even if you don't think you're seriously injured. Adrenaline can mask pain, and some injuries like internal bleeding or brain trauma may not show immediate symptoms. Emergency room documentation creates a crucial medical record linking your injuries to the accident.

If you're physically able, document the accident scene thoroughly. Take photos of the exact location where you were struck, any visible hazards like fuel spills or poor lighting, the vehicles involved, and your injuries. Get contact information from the driver, witnesses, and the gas station manager. Note the time, weather conditions, and lighting. This evidence becomes invaluable when insurance companies try to dispute liability.

Report the accident to the gas station management and request that they preserve any surveillance footage. Most gas stations have multiple cameras that may have captured your accident. However, this footage is often deleted within days or weeks, so prompt action is essential. Also file a police report, even for seemingly minor accidents—this creates an official record and may document the driver's statements or citations issued at the scene.

California law allows injured pedestrians to recover both economic and non-economic damages. Economic damages include all quantifiable financial losses: medical expenses (emergency care, surgery, hospitalization, rehabilitation, future medical needs), lost wages (both past and future earning capacity), property damage (clothing, personal items), and out-of-pocket expenses like transportation to medical appointments and home care assistance.

Non-economic damages compensate for subjective losses that don't have a specific dollar value. This includes pain and suffering, emotional distress, loss of enjoyment of life, disfigurement and scarring, and loss of consortium (impact on relationships with family members). California does not cap non-economic damages in most personal injury cases, meaning severely injured victims can recover substantial compensation for their suffering.

In cases involving particularly egregious conduct—such as a drunk driver or a gas station owner who knowingly ignored dangerous conditions—punitive damages may be available. These damages are designed to punish the wrongdoer and deter similar conduct. While less common, punitive damages can significantly increase the total compensation in appropriate cases. Our track record includes numerous six and seven-figure settlements for gas station pedestrian accident victims.

Insurance companies representing drivers and gas station owners will immediately begin working to minimize their liability and your compensation. Common tactics include claiming you were partially or entirely at fault, arguing your injuries aren't as severe as claimed, or offering quick lowball settlements before you understand the full extent of your injuries and damages. Never accept an initial settlement offer without consulting an attorney—these offers rarely reflect the true value of your claim.

The driver's auto insurance will typically be the first source of compensation. California requires minimum liability coverage of $15,000 per person, but this is rarely sufficient for serious pedestrian accident injuries. If the driver has higher limits or umbrella coverage, your attorney will pursue those policies. When the driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage may provide additional compensation.

Gas station premises liability claims involve the property owner's commercial general liability insurance. These policies typically have much higher limits than auto insurance—often $1 million or more. However, insurers will aggressively defend these claims, arguing the property was safe or that the driver's negligence was the sole cause. Successful premises liability claims require thorough investigation, expert testimony, and skilled legal representation to overcome these defenses.

Surveillance footage is often the most powerful evidence in gas station pedestrian accident cases. Most gas stations have multiple cameras covering pump areas, parking lots, entrances, and store fronts. This footage can definitively show how the accident occurred, who was at fault, and the severity of impact. It can also reveal hazardous conditions like fuel spills or poor lighting that contributed to the accident.

However, obtaining this footage requires immediate action. Many gas station systems automatically delete footage after 7-30 days, and some owners may be reluctant to voluntarily provide footage that could establish their liability. Your attorney can send a spoliation letter demanding preservation of evidence and, if necessary, obtain a court order requiring the gas station to produce the footage.

When reviewing surveillance footage, experienced attorneys look for details that strengthen your case: the driver's speed and attentiveness, whether they checked for pedestrians before backing up, how long a hazardous condition existed before your accident, and whether gas station employees were aware of the danger. This evidence can be the difference between a denied claim and substantial compensation. Contact our team immediately after your accident so we can secure this critical evidence before it's lost.

California's pure comparative negligence system means your compensation will be reduced by your percentage of fault, but you can still recover even if you were mostly responsible. Insurance companies will try to maximize your fault percentage to reduce their payout. Common arguments include that you weren't using a designated walkway, were distracted by your phone, or were wearing dark clothing at night.

Skilled pedestrian accident attorneys know how to counter these arguments and minimize your attributed fault. We gather evidence showing you were acting reasonably under the circumstances, that the driver or property owner's negligence was the primary cause, and that any contributory negligence on your part was minor. Even reducing your fault percentage by 10-20% can mean tens of thousands of dollars in additional compensation.

It's important to understand that California law generally favors pedestrians. Even if you were jaywalking or in an unmarked area, drivers still have a duty to exercise reasonable care and watch for pedestrians. Similarly, gas station owners must maintain safe conditions throughout their property, not just in designated walkways. Our experienced attorneys have successfully recovered compensation for clients even when insurance companies initially claimed they were primarily at fault.

California's statute of limitations gives you two years from the date of your accident to file a personal injury lawsuit. This deadline is strictly enforced—if you miss it, you lose your right to compensation forever, regardless of how strong your case is. While two years may seem like plenty of time, complex cases involving multiple defendants and serious injuries require extensive investigation and preparation.

Some situations have even shorter deadlines. If a government entity is involved—such as an accident at a gas station on government property or involving a government vehicle—you must file a claim with the appropriate government agency within six months. Claims against government entities have special procedural requirements that must be followed precisely or your claim will be barred.

Don't wait to consult an attorney. Evidence disappears, witnesses' memories fade, and surveillance footage is deleted. Insurance companies also use delay tactics, hoping you'll miss deadlines or become desperate enough to accept lowball offers. Schedule a free consultation with our team as soon as possible after your accident to protect your rights and maximize your compensation.

Gas station pedestrian accident cases involve complex legal and factual issues that require specialized knowledge and experience. Generic personal injury attorneys may not understand the specific duties gas station owners owe to pedestrians, how to identify and prove premises liability, or how to effectively counter comparative negligence arguments. Our attorneys focus specifically on pedestrian accidents and have handled numerous gas station cases throughout California.

We have relationships with expert witnesses who can strengthen your case: accident reconstructionists who can demonstrate exactly how the accident occurred, medical experts who can testify about your injuries and future needs, safety experts who can identify code violations and industry standards the gas station violated, and economists who can calculate your lifetime financial losses. These experts are often essential to recovering full compensation in serious injury cases.

Perhaps most importantly, experienced pedestrian accident attorneys level the playing field against well-funded insurance companies and corporate defendants. Gas station chains and their insurers have teams of lawyers working to minimize their liability. You need equally skilled representation fighting for your interests. We handle all aspects of your case—investigation, negotiation, litigation if necessary—while you focus on recovery. Learn more about our firm and how we've helped hundreds of pedestrian accident victims recover the compensation they deserve.

While this guide focuses on your legal rights after an accident, understanding prevention can help protect others and strengthen your case by showing what the gas station should have done. Effective prevention measures include clearly marked pedestrian walkways with painted lines or different pavement colors, adequate lighting throughout the property especially near pumps and parking areas, convex mirrors at blind corners to help drivers see pedestrians, and prominent signage reminding drivers to watch for pedestrians.

Gas station owners should implement regular safety inspections to identify and correct hazards, immediate cleanup protocols for fuel spills and other slippery substances, proper training for employees on safety procedures and emergency response, and surveillance systems that cover all areas where pedestrians and vehicles interact. When gas stations fail to implement these basic safety measures, they can be held liable for resulting injuries.

If your accident was caused by a preventable hazard that the gas station knew or should have known about, this strengthens your premises liability claim. Our attorneys investigate the gas station's safety history, prior complaints or accidents, inspection records, and industry standards to demonstrate that your accident could and should have been prevented. This evidence not only supports your compensation claim but may also lead to changes that protect future customers. Read what our clients say about how we've helped them recover and hold negligent parties accountable.