Drivers owe pedestrians a duty of care
California drivers must yield to pedestrians in marked and unmarked crosswalks (Vehicle Code §21950) and must exercise due care at all times — even when a pedestrian is outside a crosswalk.
Parking lots and driveways
Many pedestrian injuries happen in parking lots and driveways, where property owners and businesses may share responsibility.
Multiple sources of coverage
Besides the driver's policy, your own auto policy's UM/UIM coverage may apply even though you were walking. And sometimes the responsible party isn't only the driver — a government entity, a private property owner, or a construction company (for example, in a work zone) can be liable too. We look for every dollar available.
What to do after a pedestrian accidents injury
- Get medical care right away — and keep every appointment. Gaps in treatment are the first thing an insurer attacks.
- Photograph everything: the scene, vehicles or hazard, your injuries, and any visible cameras.
- Get names and numbers of witnesses before they disappear.
- Don't give a recorded statement to the other side's insurance company.
- Call Eisner Law before you sign anything or accept a quick offer.
Frequently asked questions
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury (Code of Civil Procedure §335.1). If a city, county, or state agency is involved, you usually have only six months to file a government claim. Don't wait — evidence disappears fast.
I was hit outside a crosswalk. Do I have a case?
Possibly. Drivers still have a duty of care. Fault may be shared, but under California's comparative fault rules you can still recover.
How much does it cost to hire Eisner Law?
Nothing up front. We work on a contingency fee — we only get paid if we recover money for you. Consultations are free.