Who Is Liable for a Pedestrian Accident in Pacoima?

Arya Firoozmand, Esq.

Local Pacoima Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A San Fernando Valley native, he graduated from El Camino Real High School and UCLA Law School. He represents injured clients from every corner of the Valley, from Woodland Hills to Pacoima.

A car hit you while you were walking in Pacoima. Whether it happened in a marked crosswalk on Van Nuys Blvd, at an intersection on Foothill Blvd, near Hansen Dam Recreation Area, or on a residential side street, you need to understand who is legally responsible for your injuries. The answer is not always obvious, and it can involve more than just the driver.

The Driver: Negligence Under California Law

In most pedestrian accident cases, the driver who struck you bears primary liability. California Vehicle Code Section 21950 requires drivers to yield the right of way to pedestrians crossing in marked crosswalks and at unmarked crosswalks at intersections. A driver who fails to yield, who is distracted, speeding, or simply not paying attention, is negligent.

Common forms of driver negligence in Pacoima pedestrian crashes include:

Failure to yield at crosswalks. Van Nuys Blvd and Foothill Blvd have marked crosswalks at numerous intersections. Drivers are required by law to stop when a pedestrian is in their half of the roadway. Failure to do so is a Vehicle Code violation and strong evidence of negligence.

Distracted driving. A driver texting, scrolling, adjusting GPS, or otherwise looking away from the road is negligent. Cell phone records can be subpoenaed through legal discovery to prove distraction at the time of the crash.

Speeding. Higher speed means longer stopping distance and greater impact force. A pedestrian struck at 40 mph has a dramatically higher chance of fatal or catastrophic injury than one struck at 25 mph. Speed on Van Nuys Blvd and Foothill Blvd regularly exceeds posted limits, especially outside of peak hours.

Turning without checking for pedestrians. Drivers making right turns on red or left turns at intersections frequently focus on vehicle traffic and fail to check for pedestrians in the crosswalk. This is one of the most common crash scenarios on Foothill Blvd at cross streets like Glenoaks Blvd and Osborne St.

Driving under the influence. A drunk or impaired driver who strikes a pedestrian faces heightened liability, including the possibility of punitive damages under California law.

Comparative Fault: When the Pedestrian Shares Some Blame

California's pure comparative fault system means that liability is not always 100 percent on the driver. If the pedestrian contributed to the crash, for example by crossing against a signal, stepping into the road suddenly, or crossing mid-block without a crosswalk, the pedestrian's percentage of fault reduces the recovery proportionally.

Here is what matters: even if you were partially at fault, you can still recover. If a jury determines you were 25 percent responsible and your damages total $400,000, you recover $300,000. The insurer will push to maximize your share of fault. Your attorney's job is to present the evidence that keeps the driver's fault where it belongs.

The driver always has a duty of care, even when the pedestrian is not in a crosswalk. Under California Vehicle Code Section 21954, drivers must exercise due care to avoid hitting any pedestrian on any roadway. A driver who sees a pedestrian and fails to slow down, honk, or take evasive action is negligent regardless of where the pedestrian was walking.

Government Liability for Dangerous Road Design

Sometimes the crash happens not just because a driver was negligent, but because the road was designed or maintained in a way that put pedestrians in danger. When a dangerous road condition contributes to a pedestrian accident in Pacoima, the government entity responsible for that road may share liability.

Common government liability scenarios in Pacoima pedestrian cases include:

• Missing or faded crosswalk markings that make crosswalks invisible to drivers, especially at night
• Broken or malfunctioning pedestrian signals at intersections on Van Nuys Blvd or Foothill Blvd
• Inadequate lighting at pedestrian crossings, particularly along stretches of road without commercial businesses
• Missing or damaged curb ramps that force pedestrians into the roadway
• Poor sight lines caused by overgrown vegetation, parked vehicles allowed too close to crosswalks, or road design that obscures pedestrians from approaching drivers

The City of Los Angeles maintains city streets in Pacoima, including Van Nuys Blvd, Foothill Blvd, and surrounding residential streets. Caltrans maintains the I-5 and 118 freeway on-ramps and off-ramps, where pedestrians are sometimes struck while crossing ramp areas.

Government tort claims carry a critical deadline: you must file a claim with the responsible government entity within six months of the accident. This is drastically shorter than the standard two-year statute of limitations. Missing this deadline can permanently bar your claim against the government, even if the road design clearly contributed to your crash.

Employer Liability

If the driver who hit you was working at the time of the crash, their employer may be liable under the doctrine of respondeat superior. This means the employer is legally responsible for negligent acts committed by employees within the scope of their employment.

In Pacoima, commercial vehicles, delivery trucks, work vans, and fleet cars are a constant presence on Van Nuys Blvd and Foothill Blvd during business hours. If a delivery driver heading to a stop near Hansen Dam strikes a pedestrian while making a turn, the driver's employer and its commercial insurance policy become available for the claim. Commercial auto policies carry significantly higher limits than personal policies, which means more compensation may be available.

Property Owner Liability

Pedestrian accidents do not only happen on public roads. If you were struck by a vehicle in a parking lot, a strip mall entrance, or a private driveway in Pacoima, the property owner may share liability if the property design was unsafe. Poor lighting in a parking lot, inadequate pedestrian walkways, blocked sight lines at a commercial driveway, and missing stop signs within private property can all contribute to crashes.

Property owners have a duty to maintain their premises in a reasonably safe condition for pedestrians. If a property design flaw contributed to your crash, the property owner's commercial liability insurance may be a source of recovery in addition to the driver's auto policy.

How Liability Is Determined

LAPD Foothill Division investigates pedestrian accidents on city streets in Pacoima. The traffic collision report generated by the responding officer includes an initial assessment of fault, witness statements, and the location and circumstances of the crash. CHP handles any incidents on the I-5 or 118 freeways or ramp areas.

Your attorney conducts an independent investigation beyond the police report. This includes gathering surveillance footage from nearby businesses before it is overwritten, interviewing witnesses, examining the road design and crosswalk conditions, and potentially retaining accident reconstruction experts. Cases are filed at the Van Nuys Courthouse West.

Protecting Your Claim

Liability in a pedestrian accident can involve multiple parties, and each one will try to shift blame to you or to each other. Your job right now is to preserve evidence and get legal help before the evidence disappears.

Get medical treatment at Olive View-UCLA Medical Center. Document the scene and your injuries. Do not give a recorded statement to any insurance company. And speak with a Pacoima pedestrian accident lawyer as soon as possible.

L&F Brown investigates pedestrian accident liability throughout Pacoima. No fees unless we recover. Visit our Pacoima personal injury page for a free consultation.