Pedestrian accident cases are governed by CACI 400–401 (general negligence) and CACI 700–705 (pedestrian-specific duties).

To win, the pedestrian must prove:

1. The Driver Owed a Duty of Care (CACI 400)

Drivers must use reasonable care to avoid injuring pedestrians. This includes:

• Maintaining a proper lookout
  
• Yielding to pedestrians in crosswalks
  
• Slowing in school zones and residential neighborhoods
  
• Exercising caution when visibility is limited
  
• Avoiding distractions such as phones
  
• Never driving impaired
  

2. The Driver Breached Their Duty (CACI 401)

Breaches commonly include:

• Speeding
  
• Distracted driving (texting, GPS use)
  
• Failing to yield in crosswalks
  
• Rolling stop signs (“California rolls”)
  
• Making left or right turns without checking for pedestrians
  
• Backing out of driveways or parking lots without looking
  
• School zone violations
  
• Running red lights
  

3. The Breach Caused the Injury (CACI 430)

California’s substantial factor test requires only that the driver’s negligence contributed to the injury in more than a trivial way.

4. The Pedestrian Suffered Damages

This includes medical bills, lost wages, disability, pain and suffering, future care, and more.

• CACI 700 — Duty of a Motorist
  
• CACI 701 — Duty to Keep a Lookout
  
• CACI 702 — Duty to Sound Horn When Necessary
  
• CACI 705 — Pedestrian Right of Way in Crosswalks
  
• CACI 706 — Speed Laws & Driving Too Fast for Conditions
  

These instructions frequently determine liability in California pedestrian cases.

• Failure to yield in crosswalks
  
• Vehicles speeding through residential or school zones
  
• Distracted driving
  
• Uber/Lyft or delivery drivers rushing between pickups
  
• Left-turn collisions
  
• Impaired driving
  
• Poor nighttime visibility
  
• Dangerous roadway design
  
• Parking lot backing collisions
  

Below are specialized categories BLG litigates — integrated into your core pedestrian practice page.

✔ Uber & Lyft Pedestrian Accidents

Pedestrians hit by rideshare drivers can recover compensation from multiple insurance layers:

Uber/Lyft Insurance Coverage

Coverage depends on the driver’s “status”:

1. App Off – Driver’s personal insurance applies
   
2. App On / Waiting for Ride – Uber/Lyft provides limited liability coverage
   
3. En Route to Pickup or During Trip – Companies provide $1,000,000 in coverage
   

These cases involve:

• Distracted rideshare drivers looking at the app
  
• Rushing to pick up passengers
  
• Sudden U-turns and unsafe stopping
  
• Unfamiliarity with area / navigation errors
  

BLG also evaluates employer liability, negligent hiring, and unsafe driver history.

✔ School Zone Pedestrian Accidents

School zones are among the most dangerous locations for pedestrians — especially children, who drivers must anticipate.

Common causes:

• Speeding through school zones
  
• Failure to stop for school buses
  
• Illegal drop-off/pick-up maneuvers
  
• Distracted parents rushing
  
• Poor signage or inadequate crossing guards
  

Drivers owe heightened care when children are present.
Cities, school districts, and crossing-guard programs may also share liability for:

• Unsafe crossing design
  
• Lack of flashing beacons
  
• Poor signage
  
• Inadequate visibility
  

✔ Crosswalk Injury Cases

Crosswalk accidents happen at:

• Marked crosswalks
  
• Unmarked intersections (legal crosswalks)
  
• Mid-block crosswalks
  
• Flashing-beacon crossings
  
• Pedestrian scramble intersections
  

Key issues include:

• Failure to yield (Vehicle Code §21950)
  
• Turning drivers failing to check for pedestrians
  
• Inadequate lighting
  
• Poor roadway design
  
• Short pedestrian signal times
  
• Malfunctioning walk signals
  

BLG often brings claims against cities or Caltrans for dangerous crosswalk design.

✔ Wrongful Death Pedestrian Cases

Pedestrian fatalities often require:

• Wrongful death claim by heirs (CCP §377.60)
  
• Survival action by the estate (CCP §377.30)
  

Families may recover:

• Loss of financial support
  
• Funeral/burial expenses
  
• Loss of companionship, guidance, and care
  
• Future economic contributions
  
• Household services
  

These cases demand rapid investigation to preserve evidence (video, skid marks, vehicle data, witness testimony).

• Traumatic brain injuries
  
• Skull fractures
  
• Spinal cord injuries
  
• Pelvic fractures
  
• Internal organ damage
  
• Facial trauma
  
• Crush injuries
  
• Limb fractures requiring surgery
  
• Permanent disability
  
• Wrongful death
  

Claims may be brought against:

• City or county transportation departments
  
• Caltrans
  
• School districts
  
• Public agencies
  

For:

• Dangerous crosswalk design
  
• Poor lighting
  
• Failure to maintain traffic signals
  
• Lack of signage
  
• Improper speed limits
  

Government Tort Claim must be filed within 6 months

Victims may recover:

• Medical bills
  
• Future medical care
  
• Lost wages & earning capacity
  
• Pain and suffering
  
• Emotional distress
  
• Disability and disfigurement
  
• Mobility equipment & home modifications
  
• Long-term care
  
• Wrongful death damages for families
  

• Two years for personal injury
  
• Six months for government defendants
  
• Two years for wrongful death
  
• Minors receive tolling
  

BLG conducts:

• Accident reconstruction
  
• Traffic signal and timing analysis
  
• Intersection visibility studies
  
• Cell phone & digital forensics
  
• Video retrieval (traffic cameras, doorbell cams, business footage)
  
• Vehicle black box (EDR) downloads
  
• Interviewing witnesses
  
• Lighting & human factors analysis
  

Every case is built for trial from day one.