Orange County Pedestrian Accident Attorney

Helping Clients in Orange County With Pedestrian Accident Claims

Pedestrian Accident Overview

Pedestrians have no protection when a vehicle strikes them. No seatbelt, no airbag, no steel frame. The result is that pedestrian accidents produce some of the most severe injuries of any traffic collision, including traumatic brain injuries, spinal cord damage, multiple fractures, internal organ injuries, and fatalities. In Orange County, pedestrian accidents remain a persistent and serious problem. Busy corridors through cities like Santa Ana, Anaheim, Garden Grove, and Fullerton see pedestrian collisions on a regular basis, often at intersections, crosswalks, and in commercial areas where foot traffic is heaviest. If you or a family member were struck by a vehicle while walking, you have the right to hold the driver and any other responsible parties accountable.

Why Early Action Matters in Orange County

Pedestrian accident cases often hinge on establishing exactly how the collision occurred, including the driver’s speed, the pedestrian’s location in or near the crosswalk, and whether traffic signals were functioning properly. The physical evidence that answers these questions, such as surveillance video, skid marks, and vehicle damage patterns, can disappear within days. California gives you two years to file a personal injury claim, or six months if a government entity is involved (for example, if a dangerous crosswalk design contributed to the accident). But from an evidence standpoint, every day matters.

Common Causes of Pedestrian Accident Incidents

• Distracted driving. Drivers looking at their phones, adjusting navigation, or otherwise not watching the road are among the leading threats to pedestrians, particularly in busy commercial areas and near schools.
• Failure to yield at crosswalks. California law requires drivers to yield to pedestrians in marked and unmarked crosswalks. Violations of this law are a common cause of pedestrian injuries.
• Left-turn collisions. Drivers making left turns at intersections frequently focus on oncoming traffic and fail to see pedestrians crossing in their path. This is one of the most common pedestrian accident patterns.
• Speeding. The relationship between vehicle speed and pedestrian fatality risk is well documented by the National Highway Traffic Safety Administration (NHTSA) and the AAA Foundation for Traffic Safety. A pedestrian struck at 40 mph is far more likely to die than one struck at 25 mph.
• Backing accidents. Parking lots, driveways, and residential streets are common sites for backing accidents, where drivers fail to see pedestrians behind their vehicles.
• Impaired driving. Alcohol and drug impairment reduce a driver’s ability to detect pedestrians and react in time to avoid a collision, particularly at night.
• Poor infrastructure. Missing crosswalks, inadequate lighting, lack of pedestrian signals, and poorly designed intersections contribute to pedestrian accidents. When a government entity is responsible for the deficient infrastructure, a separate liability claim may apply.

What To Do After a Pedestrian Accident in Orange County

Immediate steps to protect your health and your claim

1. Call 911 and get medical attention. Pedestrian accident injuries are frequently severe. Even if you feel stable, internal injuries, head trauma, and spinal damage require immediate professional evaluation.
2. Stay at the scene if you are able. Cooperate with law enforcement and provide your account of what happened, but avoid speculating about fault.
3. Identify the driver. Get the driver’s name, phone number, license plate, insurance information, and driver’s license number. If the driver fled the scene, note as much as you can about the vehicle.
4. Gather witness information. Pedestrian accident cases benefit greatly from independent witnesses. If anyone saw the accident, collect their names and contact information.
5. Document everything possible. Photograph your injuries, the intersection or road where the accident occurred, traffic signals, crosswalk markings, and any visible vehicle damage.
6. Contact a pedestrian accident attorney. These cases involve unique legal considerations, including crosswalk laws, right-of-way rules, and potentially government liability for unsafe infrastructure.

Mistakes to avoid

• Don’t assume you were at fault. Insurance companies routinely try to blame pedestrians for their own injuries. Even if you were not in a crosswalk, the driver may still bear significant liability.
• Don’t give recorded statements to the driver’s insurer. Adjusters will look for any opening to reduce your claim.
• Don’t delay treatment or skip follow-up appointments. Gaps in medical care undermine the credibility of your injury claims.
• Don’t post about your accident on social media, and don’t discuss it with AI chatbots or AI assistants. Queries to AI tools are likely not protected by the attorney-client privilege and may later become discoverable. Insurance companies routinely monitor public social media posts for content they can use to dispute your claim.

Evidence That Strengthens Pedestrian Accident Claims

• Surveillance and traffic camera footage. Video evidence is often among the most valuable pieces of evidence in a pedestrian accident case. It can show the driver’s speed, the pedestrian’s location, and the traffic signal status at the time of impact.
• Police reports. The responding officer’s documentation, including witness statements, citations, and scene observations, provides an important evidentiary baseline.
• Medical records. Detailed records of your injuries, surgeries, rehabilitation, and prognosis establish the severity of harm and the cost of your recovery.
• Crosswalk and intersection design records. If the accident occurred at a location with a history of pedestrian collisions or known design deficiencies, engineering records and accident history data can support a claim against the responsible government agency.
• Expert reconstruction. Pedestrian accident reconstruction experts can calculate vehicle speed at impact, determine sight lines, and establish whether the driver had time to stop.

Preserving evidence and documentation

Municipal traffic monitoring cameras can overwrite footage within 24 to 72 hours, and Caltrans freeway cameras are often live-only with no archive. Nearby business surveillance systems may operate on similarly short retention cycles. Your attorney should request preservation of all video evidence immediately after the accident. Physical evidence at the scene, including crosswalk paint condition, signal timing, and lighting levels, should also be documented as soon as possible.

How Liability Works in Orange County for Pedestrian Accident Cases

California law places a strong duty of care on drivers to watch for and yield to pedestrians. Even when a pedestrian shares some fault, California’s comparative negligence system allows them to recover damages, reduced by their percentage of responsibility.

Pedestrian accident liability scenarios

• The driver. A driver who strikes a pedestrian due to distraction, speeding, intoxication, or failure to yield bears direct liability for the resulting injuries, just as in a car accident between two vehicles.
• The driver’s employer. If the driver was operating a vehicle for work purposes at the time of the accident, including driving for a delivery service or rideshare platform, their employer may share liability under the doctrine of respondeat superior, or commercial insurance policies with higher limits may apply.
• Government entities. Cities, counties, and state agencies responsible for designing and maintaining roads, crosswalks, traffic signals, and street lighting can be liable when infrastructure failures contribute to a pedestrian accident. These claims must be filed within six months.
• Property owners. If a pedestrian is struck in a parking lot, private roadway, or commercial property due to poor design or inadequate safety measures, the property owner may bear responsibility.
• Your own UM/UIM coverage. If the at-fault driver was uninsured or underinsured, your own uninsured/underinsured motorist coverage may provide an additional source of recovery, and it typically protects you even while on foot.

Compensation We Pursue for Pedestrian Accident Victims

Economic damages (medical bills, lost income)

Pedestrian injuries often require extensive and costly medical care. Economic damages cover all related expenses: emergency treatment, hospitalization, surgery, rehabilitation, assistive devices, ongoing therapy, lost wages, and diminished future earning capacity.

Non-economic damages (pain and suffering)

These damages address the physical pain, emotional distress, fear and anxiety (including fear of crossing streets or being near traffic), loss of independence, and disruption to relationships and daily life caused by the accident.

Pedestrian-accident-specific damages

Pedestrian accidents frequently result in permanent disabilities that require home modifications, long-term personal care, and adaptive equipment. In fatal pedestrian accidents, surviving family members may pursue wrongful death damages covering funeral costs, loss of financial support, and loss of companionship.

How The Schenk Law Firm Handles Pedestrian Accident Cases

Case evaluation and strategy

We provide a free, thorough review of your case. An attorney at The Schenk Law Firm examines fault, identifies all responsible parties, and builds a strategy designed to achieve the maximum recovery for your injuries.

Investigation and expert support

We work with accident reconstruction experts, traffic engineers, medical professionals, and economists to develop a detailed, evidence-backed case.

Insurance negotiations

We handle all insurance communications and push aggressively for a settlement that reflects the true severity of your injuries and their long-term impact on your life.

Litigation and trial preparation

When insurance companies refuse to offer fair compensation, we are fully prepared to present your case at trial. Our decades of courtroom experience ensure your case is handled with the seriousness it deserves.

Why Choose The Schenk Law Firm

Client-first communication

We keep you informed at every stage, return your calls and messages promptly, and make sure you always understand what’s happening with your case.

Trial-ready approach

Our reputation for trying cases gives us leverage that leads to stronger settlements and better outcomes for our clients.

Experience with serious injury cases

Since 1979, our firm has helped clients recover over $25 billion. Pedestrian accidents produce some of the most devastating injuries we see, and we approach every case with the attention and resources it demands.

No fee unless we recover on your behalf

You pay nothing upfront and owe no fees unless we secure compensation on your behalf.