Pedestrian accidents are some of the most devastating types of collisions. Without the protection of a vehicle, pedestrians often suffer catastrophic injuries that can take months or years to heal. Medical bills, lost income, and emotional trauma can place enormous strain on victims and their families.

One of the most important steps after a pedestrian accident is determining who is legally responsible. While it may seem obvious that the driver is at fault, liability in these cases is often more complex. Several different parties may share responsibility, and identifying all of them is critical to maximizing the compensation available in a Roseville, CA pedestrian accident claim.

Drivers of Motor Vehicles

​​The most common liable party in a pedestrian accident is the driver of the vehicle involved. Drivers may be found negligent if they:

  • Fail to yield to pedestrians in crosswalks
  • Speed or run red lights
  • Drive while distracted by phones or other devices
  • Operate a vehicle while under the influence of alcohol or drugs

California law requires drivers to exercise reasonable care while driving. When they fail to do so and a pedestrian is injured, the driver can typically be held liable for resulting damages.

Employers of Negligent Drivers

​​In some cases, the driver is not the only one who may be responsible. If the driver was performing job duties at the time of the crash. For example, delivering goods, driving for a rideshare service, or operating a company vehicle, their employer may also be held liable.

This concept, known as vicarious liability, allows injured pedestrians to pursue claims against the company, which often has greater financial resources and insurance coverage than the individual driver.

Government Entities

Not all pedestrian accidents are caused solely by driver error. Sometimes, poor road design or inadequate maintenance contributes to collisions. Examples include:

  • Malfunctioning traffic lights
  • Faded crosswalk markings
  • Insufficient lighting at intersections
  • Lack of pedestrian signals or signage

When unsafe road conditions play a role, the government entity responsible for maintaining the roadway may be liable. However, these cases are more complex because claims against government agencies in California generally must be filed within six months, a much shorter deadline than typical injury lawsuits.

Property Owners

Pedestrian accidents don’t only happen on public roads. In parking lots, apartment complexes, or commercial spaces, property owners are responsible for keeping walkways and crosswalks reasonably safe. When they fail to do so, for example, by not addressing broken pavement, inadequate lighting, or confusing traffic patterns, they may be held accountable for pedestrian injuries.

Vehicle and Parts Manufacturers

Mechanical failures can also contribute to serious accidents. If a vehicle’s brakes fail, tires blow out, or a safety feature malfunctions, the manufacturer of the vehicle or part may bear liability. In other situations, a negligent mechanic who performed poor repairs could be at fault. These product liability claims often involve technical evidence and expert testimony but can significantly increase the compensation available to an injured pedestrian.

Shared Liability and Comparative Negligence in California

It’s also important to note that in California, pedestrians themselves can sometimes share fault. For instance, a pedestrian may have been crossing outside of a crosswalk or distracted by their phone.

Under California’s comparative negligence rule, even if a pedestrian is found partially at fault, they can still recover damages, but the total amount will be reduced by their percentage of fault. For example, if a pedestrian is awarded $100,000 but found 20% at fault, they would recover $80,000.

Why Determining Liability in California Pedestrian Accidents Matters

Determining liability in a pedestrian accident is rarely straightforward. Multiple parties may share responsibility, and each one has an interest in shifting blame to reduce their own exposure. Insurance companies often use this confusion to minimize payouts.

An experienced pedestrian accident attorney can investigate the circumstances of the crash, gather evidence, and identify all potential sources of compensation. This includes reviewing police reports, interviewing witnesses, analyzing accident reconstruction data, and exploring whether outside parties, like employers or government agencies, should also be held accountable.