Who Is Liable for a Pedestrian Accident in Calabasas?

Arya Firoozmand, Esq. — Founding Partner

Local Calabasas Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up in Woodland Hills — minutes from Calabasas — graduated from El Camino Real High School and UCLA Law School, and has spent his career representing injured clients across the West Valley.

In most Calabasas pedestrian accidents, the driver who struck the pedestrian is primarily liable. But the analysis is more specific than that, and understanding the full picture determines how strong your claim is and who can be held responsible for your injuries.

The Driver's Duty of Care to Pedestrians

California Vehicle Code imposes specific duties on drivers regarding pedestrians. Drivers must yield to pedestrians in marked crosswalks and in many unmarked crossing situations. They must exercise due care to avoid hitting pedestrians at all times - even outside designated crosswalks. They cannot pass another vehicle stopped at a crosswalk. At marked crosswalks on Lost Hills Road or anywhere else in Calabasas, failing to yield to a pedestrian is a per se violation that establishes the driver's negligence.

Outside marked crosswalks, the analysis is more fact-specific. A driver who could reasonably have seen a pedestrian and failed to brake is still negligent even if the pedestrian was not in a crosswalk. Pedestrians in Calabasas have legal protection beyond the crosswalk - California law does not treat pedestrians as trespassers on the road simply because they weren't at a designated crossing.

Comparative Fault in Pedestrian Cases

California's pure comparative fault system allows fault to be distributed between the driver and the pedestrian. A pedestrian who stepped off the curb into fast-moving traffic on Las Virgenes Road without looking shares some fault. But California courts have been clear that a driver who could have avoided the collision bears the lion's share of responsibility - particularly at crosswalks and in conditions where the pedestrian should have been visible.

Common comparative fault arguments the driver's insurer will raise:

• The pedestrian was not in a marked crosswalk
• The pedestrian crossed against a traffic signal
• The pedestrian was distracted (looking at a phone)
• The pedestrian was wearing dark clothing in low-visibility conditions
• The pedestrian darted into traffic without looking

Each of these arguments, if true, may reduce your recovery percentage. An attorney builds the counter-argument with physical evidence - where the impact occurred on the vehicle, skid marks, traffic signal timing data, witness statements, surveillance footage from Calabasas Commons or other nearby businesses. The physical evidence often tells a more complete story than the driver's initial account.

Government Entity Liability for Road Conditions

Sometimes the road itself contributes to a pedestrian accident. A missing or malfunctioning pedestrian signal on Lost Hills Road, an unmarked crossing at a location where pedestrians regularly cross, inadequate lighting near a crossing area - these conditions, if maintained by the City of Calabasas or LA County, may create government liability.

Government tort claims have a six-month notice deadline. If road design or maintenance was a factor in the pedestrian accident, this needs to be identified and acted on quickly.

Multiple Insurance Policies

The driver's liability coverage is the primary recovery source in most Calabasas pedestrian accident cases. However, if the driver was on the job at the time of the crash - a delivery driver, an employee running a work errand - the employer's coverage may also apply. If the vehicle had a mechanical failure, a product liability claim against the manufacturer may be viable.

Your own auto insurance policy's uninsured motorist coverage may apply if the driver was uninsured or underinsured, even though you were a pedestrian rather than a vehicle occupant. California UM coverage applies to named insureds as pedestrians under most policy forms.

If you want to understand who's liable for your specific pedestrian accident in Calabasas, a Calabasas pedestrian accident lawyer can evaluate your situation at no cost. Our Calabasas personal injury attorneys work on contingency - free to start, no fee unless we recover.