Who Is Liable for a Pedestrian Accident in North Hollywood?

Arya Firoozmand, Esq.

Local North Hollywood Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A Woodland Hills native and El Camino Real graduate, he earned his law degree at UCLA and has spent his career representing injured clients across the San Fernando Valley.

When a car hits a pedestrian in North Hollywood, the question of who is legally responsible determines everything that follows: who pays the medical bills, who compensates you for lost wages, and who is accountable for the pain and disruption this crash has caused in your life. The answer might seem obvious, but liability in pedestrian cases can involve multiple parties, and the insurance company for the driver who hit you will work hard to shift blame onto you. Here is how liability actually works.

The Driver Who Hit You

In the majority of pedestrian accidents in North Hollywood, the driver who struck you is the primary liable party. California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians in marked and unmarked crosswalks. A driver who fails to yield, who is speeding, who is distracted by a phone, or who makes a turn without checking for pedestrians has breached their duty of care. That breach, when it results in injury, is negligence.

The most common driver negligence patterns in North Hollywood pedestrian cases include drivers making left turns on Lankershim Blvd who are watching for gaps in vehicle traffic but fail to check the crosswalk for pedestrians. Drivers making right turns on red at intersections along Magnolia Blvd who look left for oncoming traffic but fail to look right for pedestrians entering the crosswalk. Distracted drivers on their phones who blow through crosswalks near the NoHo Arts District. Drivers exiting the 170 Freeway who are focused on merging and fail to see pedestrians at adjacent intersections.

Proving driver negligence requires evidence: the LAPD traffic collision report, witness statements, surveillance camera footage from nearby businesses, traffic signal timing data, and in some cases the driver's cell phone records showing they were using their phone at the time of impact.

The City of Los Angeles

Sometimes the crash is not entirely the driver's fault. Dangerous road conditions can contribute to pedestrian accidents, and when they do, the government entity responsible for maintaining the road may share liability.

Examples in North Hollywood include faded or missing crosswalk markings that make it unclear to drivers that pedestrians have the right-of-way. Malfunctioning pedestrian crossing signals that give a walk sign while vehicles also have a green light to turn. Inadequate lighting at crosswalks, especially along the commercial stretches of Lankershim Blvd where pedestrians cross at night to reach restaurants and theaters. Missing or damaged sidewalks that force pedestrians to walk in the roadway. Poorly designed intersections near 170 Freeway on-ramps and off-ramps that fail to account for pedestrian traffic.

Government liability claims have a critical deadline that is much shorter than the standard statute of limitations. You must file a government tort claim within six months of the accident. If you miss that deadline, you may lose the right to pursue compensation from the city entirely. This is one of the most important reasons to contact an attorney early.

Commercial Businesses and Property Owners

If a vehicle was operating in a commercial capacity when it struck you, the driver's employer may also be liable. Under the legal doctrine of respondeat superior, employers are responsible for the negligent acts of their employees when those acts occur within the scope of employment.

In North Hollywood, this frequently applies to delivery drivers, rideshare vehicles, and commercial trucks. If an Uber or Lyft driver hit you while actively on the app, the rideshare company's commercial insurance policy, which provides up to $1 million in coverage, may apply. If a delivery truck struck you while the driver was making a delivery along Lankershim Blvd, the trucking company's insurance is in play.

Property owners can also bear liability in certain circumstances. If a business's parking lot design creates a blind spot where drivers cannot see pedestrians on the sidewalk, or if a property owner's landscaping obscures a crosswalk or traffic sign, they may share responsibility for the crash.

The Pedestrian's Own Fault

This is where insurance companies focus their energy. They will argue that you were jaywalking, that you were distracted by your phone, that you were wearing dark clothing at night, or that you stepped into the road without looking. Their goal is to assign you as large a percentage of fault as possible, because under California's comparative fault system, your recovery is reduced by your percentage of responsibility.

Here is what the law actually says. Under California's comparative fault rules, even if you bear some responsibility for the accident, you can still recover damages. If you are found 20% at fault and your damages total $300,000, you recover $240,000. You are not barred from recovery unless you are 100% at fault, which is extremely rare in a pedestrian case.

California also recognizes unmarked crosswalks at virtually every intersection, even when there are no painted lines on the pavement. So the argument that you were jaywalking may not hold up if you were crossing at an intersection. And even if you were crossing mid-block, the driver still had a duty to exercise reasonable care to avoid hitting you.

How Liability Is Investigated and Proven

Building a strong liability case after a pedestrian accident requires gathering evidence quickly. Here is what matters most.

The LAPD report. For crashes on North Hollywood streets, LAPD responds and prepares the traffic collision report. This report documents the officer's observations, driver and witness statements, and the physical evidence at the scene. It sometimes includes a preliminary fault determination, though this is not final or binding.

Surveillance footage. Businesses throughout the NoHo Arts District, along Lankershim Blvd, and on Magnolia Blvd often have exterior security cameras. Venues like Tiki No and the Federal Bar, retail stores, restaurants, and banks may all have footage that captured the crash or the moments leading up to it. This footage is typically overwritten within 3 to 7 days, so your attorney must send preservation letters immediately.

Traffic signal data. The city maintains records of traffic signal timing at signalized intersections. This data can prove whether you had a walk signal when you entered the crosswalk, which is often dispositive on the question of fault.

Witness testimony. Independent witnesses who saw the crash can corroborate your account and contradict the driver's version of events. Getting their contact information at the scene is critical.

Medical records. Your injuries from Providence Saint Joseph Medical Center in Burbank and all subsequent treatment document the severity of the impact and support the damages component of your case.

What You Should Do Now

If you were hit by a car while walking in North Hollywood, the most important thing you can do right now is talk to an attorney before the evidence disappears and before the insurance company locks you into a lowball settlement. A North Hollywood pedestrian accident lawyer can investigate who is liable, gather and preserve evidence, and build a case that holds every responsible party accountable.

Our North Hollywood personal injury team handles pedestrian accident liability cases throughout the area, including crashes on Lankershim Blvd, Magnolia Blvd, near the 170 Freeway, and in the NoHo Arts District. Consultations are free and representation is on contingency. You pay nothing unless we recover money for you. Call us today.