Who Is Liable for a Pedestrian Accident in Van Nuys?
When a pedestrian is struck by a vehicle in Van Nuys, the question of liability determines who is financially responsible for the injuries. In most cases, the driver who hit you bears primary liability. But depending on the circumstances, other parties may also be responsible, and identifying every liable party is critical to maximizing your recovery.
Driver Negligence: The Primary Source of Liability
The vast majority of pedestrian accidents in Van Nuys are caused by driver negligence. California Vehicle Code Section 21950 requires drivers to yield the right of way to pedestrians in marked and unmarked crosswalks. When a driver fails to yield and strikes a pedestrian, they are negligent per se, meaning the law automatically treats their conduct as negligent.
The most common forms of driver negligence in Van Nuys pedestrian cases include failure to yield to pedestrians in crosswalks on Van Nuys Blvd and Sherman Way. Distracted driving, particularly texting or using a phone while approaching an intersection. Running red lights or stop signs at busy crossings near the Van Nuys Civic Center. Making right turns on red without checking for pedestrians in the crosswalk. Speeding through areas with heavy foot traffic, especially near bus stops along Van Nuys Blvd where Metro riders cross frequently.
Proving driver negligence requires evidence. The LAPD traffic collision report will document the officer's assessment of the primary collision factor. Traffic camera footage from city-operated cameras at major intersections can show exactly what happened. Witness statements corroborate your account. Cell phone records, obtainable through the legal discovery process, can prove the driver was distracted at the moment of impact.
City of Los Angeles Liability
The City of Los Angeles has a legal obligation to design, build, and maintain streets that are reasonably safe for pedestrians. When the city fails in that obligation, and a pedestrian is injured as a result, the city can be held liable.
Common city liability scenarios in Van Nuys include missing or faded crosswalk markings that make it unclear where pedestrians should cross. Broken or missing traffic signals that fail to give pedestrians a safe crossing interval. Inadequate lighting at intersections and crosswalks, making pedestrians invisible to drivers at night. Failure to install pedestrian safety features like median refuges, leading pedestrian intervals, or high-visibility crosswalks at known dangerous intersections. Obstructed sightlines caused by overgrown vegetation, parked vehicles, or poorly placed signage that prevent drivers from seeing pedestrians.
Sherman Way and Van Nuys Blvd both have intersections where the road design itself creates pedestrian hazards. Wide lanes encourage higher vehicle speeds. Turn lanes create conflicts between turning vehicles and pedestrians. Short signal timing forces pedestrians to rush across wide streets, leaving them exposed in the roadway when the signal changes.
Claims against the City of Los Angeles require filing a government tort claim within six months of the accident. This is a strict deadline, and missing it will almost certainly bar your claim permanently.
Property Owner Liability
In some Van Nuys pedestrian accidents, the property adjacent to the crash location contributes to the danger. A commercial property owner whose landscaping blocks the view of a crosswalk, a business whose sign obscures a traffic signal, or a parking lot owner whose design forces pedestrians into the street without a safe crossing point may all share liability.
This is particularly relevant along Van Nuys Blvd, where commercial properties directly abut the sidewalk and parking lot entrances channel pedestrians across busy travel lanes. If you were struck while crossing a parking lot entrance or driveway, the property owner's responsibility to provide safe pedestrian access becomes a factor in your case.
Employer Liability for Commercial Drivers
Van Nuys has a dense concentration of commercial and industrial businesses. Delivery trucks, work vans, and service vehicles are constantly moving through the area. When a pedestrian is hit by a driver who is working at the time of the crash, the driver's employer may be liable under California's respondeat superior doctrine.
Employer liability is significant because commercial insurance policies carry much higher coverage limits than personal auto policies. A delivery driver's employer might have a $1 million or $2 million commercial liability policy. Identifying employer liability requires investigating whether the driver was acting within the scope of their employment at the time of the crash, and whether the employer had adequate training and supervision practices in place.
Rideshare and Other Third-Party Liability
If the vehicle that struck you was an Uber, Lyft, or other rideshare vehicle, additional insurance coverage may be available depending on the driver's status at the time of the crash. If the driver was actively transporting a passenger or en route to pick up a passenger, the rideshare company's $1 million commercial liability policy typically applies. This can dramatically increase the available coverage compared to the driver's personal auto policy.
Comparative Fault: When the Pedestrian Shares Responsibility
California's pure comparative fault system means that even if the pedestrian shares some responsibility for the accident, they can still recover damages. Common comparative fault arguments in pedestrian cases include crossing outside of a crosswalk, entering the roadway against a traffic signal, walking while distracted by a phone, or wearing dark clothing at night.
Insurance companies aggressively pursue these arguments to reduce the amount they pay. They may argue that you were jaywalking on Sherman Way, that you stepped into Van Nuys Blvd without looking, or that you crossed against a don't walk signal near the Van Nuys Courthouse. Even if there is some truth to their arguments, you still have the right to recover compensation. If you are found 25% at fault and your damages are $400,000, you recover $300,000.
An experienced attorney knows how to counter these arguments with evidence. Drivers have a legal duty to exercise due care to avoid hitting pedestrians, even pedestrians who are not in a crosswalk. Speeding, inattention, and failure to keep a proper lookout are driver behaviors that often outweigh any fault on the pedestrian's part.
How to Protect Your Claim
Preserving evidence is essential. The LAPD report, traffic camera footage, witness statements, and your medical records from Valley Presbyterian Hospital all need to be secured quickly. Camera footage is overwritten on a short cycle. Witnesses become harder to locate with each passing day. Physical evidence at the scene disappears under normal traffic.
A Van Nuys pedestrian accident lawyer can begin investigating immediately, issue evidence preservation letters, obtain camera footage, and build a complete picture of liability before critical evidence is lost.
If you were hit by a vehicle while walking in Van Nuys, contact our Van Nuys personal injury team for a free consultation. We will review what happened, identify every liable party, and explain what your case is worth.
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