Key Takeaways
- Vehicle Code Section 21950 requires drivers to yield to pedestrians at all crosswalks — marked or unmarked.
- Vehicle Code Section 21760 requires drivers to pass cyclists at a safe distance of at least three feet.
- Government road defect claims require a tort claim within six months under Government Code Section 911.2.
- Pedestrian and cyclist injuries are frequently catastrophic — traumatic brain injury, spinal fractures, and internal injuries are common.
- Helmet non-use by adult cyclists can reduce recovery for head injuries under California comparative fault rules.
Los Angeles has one of the highest pedestrian and cyclist fatality rates of any major American city. Despite years of Vision Zero commitments and infrastructure investment, the combination of wide arterials, high vehicle speeds, distracted drivers, and a built environment that historically prioritized automobiles over people on foot or bicycle continues to produce devastating crashes. If you were struck as a pedestrian or cyclist in Los Angeles, California law provides significant protections — and the liability analysis almost always favors the injured person.
California Law and the Duty of Care to Pedestrians and Cyclists
California Vehicle Code imposes specific duties on drivers with respect to pedestrians and cyclists. Under Vehicle Code Section 21950 (full text)(Current as of 2026. Laws are subject to legislative change.), drivers must yield the right of way to pedestrians crossing at marked or unmarked crosswalks. Under Vehicle Code Section 21760 (full text)(Current as of 2026. Laws are subject to legislative change.), drivers must pass cyclists at a safe distance of at least three feet. Violations of these statutory duties are evidence of negligence.
Beyond specific statutes, California's general negligence standard requires every driver to exercise ordinary care — which means being alert, obeying traffic controls, and adjusting speed and attention to road conditions. A driver who is texting, speeding, or failing to look for pedestrians and cyclists in high-traffic areas has almost certainly breached this duty.
Common Causes of Pedestrian and Cyclist Accidents in Los Angeles
- Distracted driving — phone use, navigation systems, and in-car entertainment are leading causes of pedestrian and cyclist strikes in urban environments
- Failure to yield at crosswalks — drivers who do not slow for marked or unmarked crosswalks are responsible for a large proportion of pedestrian injuries in Los Angeles
- Turning vehicle collisions — right-turn and left-turn collisions at intersections are particularly dangerous for pedestrians and cyclists in the driver's blind spot
- Dooring — cyclists are frequently injured when a parked vehicle's door is opened into their path without warning, a violation of Vehicle Code Section 22517
- Speeding — impact speed is the most significant determinant of pedestrian and cyclist fatality; a pedestrian struck at 40 mph has a dramatically lower survival rate than one struck at 20 mph
- Rideshare and delivery vehicles — Uber, Lyft, DoorDash, and Amazon delivery drivers, under time pressure and frequently distracted by navigation apps, are disproportionately involved in pedestrian and cyclist collisions
High-Risk Locations in Los Angeles
Certain corridors and areas in Los Angeles account for a disproportionate share of pedestrian and cyclist casualties:
- Vermont Avenue, Figueroa Street, and Sepulveda Boulevard — identified as high-injury network streets by LADOT
- Hollywood and Vine, Cahuenga Boulevard — heavy foot traffic from entertainment industry workers and tourists
- Santa Monica Boulevard between West Hollywood and Santa Monica — heavily used cycling corridor
- The areas surrounding major studios — Burbank, Culver City, and Hollywood — where production workers commute on foot and bicycle
- Crossings near Metro stations — high pedestrian volume and fast arterial traffic
Injuries in Pedestrian and Cyclist Accidents
Pedestrians and cyclists have no protection from the force of a vehicle impact. Injuries are frequently severe and often include:
- Traumatic brain injury (TBI) — the leading cause of death in pedestrian and cyclist accidents
- Spinal cord injuries — with risk of permanent paralysis
- Fractures — particularly of the pelvis, femur, tibia, wrist, and skull
- Internal organ injuries
- Road rash and degloving injuries in cyclist collisions
- Psychological trauma — PTSD, anxiety, and depression are well-documented in pedestrian and cyclist accident survivors
Helmet use and comparative fault: California law does not require adult cyclists to wear helmets, but a jury may consider helmet non-use as comparative fault if the evidence shows it contributed to a head injury. If you were not wearing a helmet and suffered a head injury, your damages for that injury may be reduced proportionally. This is an issue to discuss openly and early with your attorney.
Government Liability for Dangerous Road Conditions
Sometimes a pedestrian or cyclist accident is caused in part by a dangerous road condition — a broken crosswalk signal, an unmarked hazard, poor lighting, or a defectively designed intersection. If a government entity's negligence in maintaining public infrastructure contributed to your accident, you may have a claim against the city, county, or state. These claims require filing a government tort claim within six months of the incident — an earlier deadline than the standard two-year personal injury statute of limitations. Identifying and pursuing government defendants requires prompt action.
What Damages Are Available?
Pedestrian and cyclist accident claims in California can include the same categories of damages available in all personal injury cases — past and future medical expenses, lost wages, lost earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Because pedestrian and cyclist injuries are frequently catastrophic, these claims often involve substantial future medical costs and long-term wage loss that must be carefully calculated with expert support.
What to Do After Being Struck as a Pedestrian or Cyclist in Los Angeles
- 1. Call 911 Report the incident to law enforcement and get a police report — even if injuries initially appear minor.
- 2. Get the driver's information Obtain the driver's name, license, insurance, and vehicle information before they leave the scene.
- 3. Photograph everything Document the scene, your injuries, clothing, bicycle damage, skid marks, and crosswalk markings or traffic signals.
- 4. Collect witness information Get names and contact details from bystanders who observed the collision.
- 5. Seek immediate medical evaluation Adrenaline masks serious injuries — get a full evaluation even if you feel relatively okay at the scene.
- 6. Consult an attorney promptly If a government entity may be responsible for a road defect, the six-month tort claim deadline begins immediately.
Frequently Asked Questions
Quick answers — see detailed FAQs below.
Who is at fault when a car hits a pedestrian in California?
Under Vehicle Code Section 21950, drivers must yield to pedestrians in all crosswalks. A driver who fails to yield is typically at fault, though a pedestrian who crossed unlawfully may share some comparative fault.
What is the three-foot rule for cyclists in California?
Under Vehicle Code Section 21760, drivers must pass cyclists at a safe distance of at least three feet. Passing closer than three feet is a statutory violation and strong evidence of negligence.
Detailed FAQs
I was hit by a car while crossing outside a crosswalk. Can I still recover?
Yes, although your comparative fault percentage may be higher. California's pure comparative fault rule allows recovery even if you were partially at fault. A pedestrian crossing outside a crosswalk may be assigned some percentage of fault — but if the driver was speeding, distracted, or otherwise negligent, the driver still bears significant responsibility. Your recovery is reduced by your fault percentage, not eliminated.
The driver who hit me drove away. Can I still pursue a claim?
Possibly yes. If you were injured by a hit-and-run driver, your own uninsured motorist (UM) coverage may apply — UM coverage covers you even when the at-fault driver is unknown or flees the scene. You should report the incident to law enforcement and your own insurer as quickly as possible. Surveillance footage from nearby businesses may also help identify the driver.
Can a cyclist sue for injuries from a car dooring incident?
Yes. California Vehicle Code Section 22517 prohibits opening a vehicle door into traffic without first checking for approaching cyclists. A driver or passenger who opens a door into a cyclist's path has violated this statute and is liable for the resulting injuries. Dooring claims can be significant — cyclists thrown from their bikes by a suddenly opened door frequently suffer fractures, head injuries, and road rash.
My child was struck by a car while riding their bike to school. What are our options?
Children injured in vehicle accidents have all the same legal rights as adults — plus the benefit of a tolled statute of limitations. The two-year personal injury statute of limitations does not begin to run until the child turns 18. However, if a government entity is involved, the six-month government tort claim deadline may still apply regardless of the child's age. Consulting an attorney promptly is advisable.
What evidence should I preserve after being struck as a pedestrian or cyclist?
Photograph the scene, your injuries, any damage to your clothing or bicycle, and any skid marks. Get the driver's insurance and contact information. Collect witness names and contact details. Report to law enforcement and get a copy of the police report. Seek medical attention immediately, even if injuries seem minor — adrenaline can mask serious injuries for hours.
Related Articles
Struck as a Pedestrian or Cyclist in Los Angeles?
Pedestrian and cyclist accidents frequently result in serious injuries that require significant long-term medical care and lost income. The evidence — including surveillance footage, driver records, and electronic data — needs to be preserved quickly. Eagan Law represents pedestrian and cyclist accident victims throughout Los Angeles, Santa Monica, Beverly Hills, and California.
Request a Free ConsultationAttorney Advertising Disclaimer
ATTORNEY ADVERTISING: This blog is maintained by Todd Eagan of Eagan Law Corporation for informational purposes only and is not legal advice. Eagan Law Corporation is located in Santa Monica, Los Angeles County, California. Reviewing this blog or contacting the firm does not create an attorney-client relationship. Every case is different; prior results do not guarantee a similar outcome. This post provides general information about California personal injury law and is not intended as legal advice for your specific situation.
California personal injury claims are generally subject to a two-year statute of limitations under Code of Civil Procedure Section 335.1 (full text) — but deadlines vary significantly by claim type, defendant, and circumstance. Claims against a government entity — including a city, county, or state agency — require a tort claim notice within six months of the incident under the Government Claims Act before a lawsuit may be filed.
If your injury occurred in the course and scope of employment, workers' compensation law may apply instead of or in addition to civil personal injury law. Workers' compensation claims are subject to different and shorter deadlines: you must notify your employer within 30 days of the injury, and you generally have one year to file a claim with the Workers' Compensation Appeals Board. Eagan Law Corporation does not handle workers' compensation matters — if your injury may be work-related, please consult a workers' compensation attorney promptly.
Failure to act within the applicable deadline — whichever applies to your situation — may result in the permanent loss of your right to seek compensation. Consult an attorney as soon as possible after any injury.