Who Is Liable for a Pedestrian Accident in Canoga Park?

Arya Firoozmand, Esq.

Local Canoga Park Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He attended El Camino Real High School adjacent to Canoga Park, graduated from UCLA Law School, and has spent his career representing injured clients in the West Valley communities he grew up around.

When a pedestrian is struck by a vehicle in Canoga Park, the question of liability determines whether the victim can recover compensation for their injuries. In the majority of pedestrian accidents, the driver bears primary liability for failing to yield, driving distracted, speeding, or otherwise operating their vehicle negligently. However, liability can also extend to government entities, property owners, and in some cases, the pedestrian may share a portion of fault.

At L&F Brown, our Canoga Park pedestrian accident attorneys conduct thorough investigations to identify every liable party and pursue maximum compensation for our injured clients.

Driver Liability in Pedestrian Accidents

The driver is the most common liable party in Canoga Park pedestrian accidents. Drivers owe a heightened duty of care to pedestrians because of the extreme vulnerability of people on foot. Common forms of driver negligence that cause pedestrian accidents include:

• Failing to yield to pedestrians in crosswalks at intersections on Sherman Way, Topanga Canyon Blvd, and Roscoe Blvd
• Distracted driving, particularly texting or using a phone
• Speeding through pedestrian-heavy areas near schools, parks, and the Metro Orange Line Canoga station
• Running red lights or stop signs at intersections
• Making turns without checking for pedestrians in the crosswalk
• Driving under the influence of alcohol or drugs
• Failing to check mirrors and blind spots when backing up in parking lots

When a driver strikes a pedestrian, the burden often falls on the driver to explain why they did not see and avoid the person on foot. Drivers are expected to be aware of their surroundings and to take extra caution in areas where pedestrians are likely to be present.

Government Liability for Dangerous Conditions

The City of Los Angeles and other government entities responsible for road design and maintenance may share liability for pedestrian accidents if dangerous conditions contributed to the crash. Examples include:

• Missing or faded crosswalk markings on busy streets
• Insufficient pedestrian crossing signals at dangerous intersections
• Overgrown vegetation blocking drivers' views of pedestrians
• Inadequate street lighting in pedestrian areas
• Poorly designed intersections that create confusion for drivers and pedestrians
• Lack of pedestrian islands or refuges on wide roads like Topanga Canyon Blvd

Claims against government entities require filing a government tort claim within six months of the accident. Our attorneys handle this process and investigate whether road design or maintenance failures contributed to your accident.

Property Owner Liability

In some pedestrian accidents, a property owner may bear liability. For example, if a pedestrian is struck in a poorly designed commercial parking lot along Sherman Way, or if a property owner's landscaping obstructs a driver's view at a driveway entrance, the property owner may share fault. Commercial properties have a duty to design and maintain their parking areas and driveways in a way that protects pedestrian safety.

When the Pedestrian Shares Fault

Insurance companies frequently argue that the pedestrian was partially or entirely at fault for the accident. Common arguments include:

• The pedestrian was jaywalking or crossing mid-block outside a crosswalk
• The pedestrian crossed against a traffic signal
• The pedestrian was distracted by their phone
• The pedestrian was wearing dark clothing at night
• The pedestrian darted into traffic

Under California's pure comparative negligence system, even if the pedestrian shares some fault, they can still recover compensation. Their recovery is reduced by their percentage of fault. For example, if a pedestrian is found 30 percent at fault and their damages total $500,000, they would recover $350,000.

Our attorneys aggressively defend against unfair fault assignments. We present evidence showing the driver had the opportunity and duty to avoid the collision, regardless of the pedestrian's actions.

Evidence Used to Establish Liability

Proving liability in a pedestrian accident in Canoga Park involves gathering and analyzing:

• The LAPD police report and any witness statements collected at the scene
• Traffic camera and surveillance footage from nearby businesses
• The driver's cell phone records to determine if they were distracted
• Vehicle damage patterns that show speed and angle of impact
• Road and intersection design documents from the City of Los Angeles
• Expert accident reconstruction analysis

Wrongful Death in Pedestrian Accidents

When a pedestrian accident in Canoga Park results in death, the victim's family may bring a wrongful death lawsuit. Wrongful death claims allow surviving spouses, children, and other eligible family members to recover compensation for their loss, including loss of financial support, loss of companionship, and funeral and burial expenses. These cases are heard at the Van Nuys Courthouse West.

Contact L&F Brown About Your Pedestrian Accident

What to Do After Being Hit by a Car in Canoga Park

If you were struck by a vehicle while walking near Topanga Canyon Blvd, Sherman Way, Roscoe Blvd, and Canoga Ave, the most important step is getting medical attention immediately. Call 911 from the scene. Even if you think your injuries are minor, the force of a vehicle impact can cause internal injuries that are not immediately apparent. Get to West Hills Hospital for a full evaluation.

While waiting for emergency services, try to document the scene if you are physically able. Use your phone to photograph the vehicle that hit you, the license plate, the intersection or location, any traffic signals or signs, and your visible injuries. Get contact information from any witnesses who saw the accident.

Do not accept any offer from the driver's insurance company without speaking to an attorney first. Pedestrian accident claims involve serious injuries with long recovery timelines, and early settlement offers rarely reflect the true value of these cases. The insurance company wants to close your claim quickly, before the full extent of your injuries and future medical needs is known.

LAPD investigates pedestrian accidents on city streets, while CHP handles incidents on freeways and highway on/off ramps. The police report is an important piece of evidence, but it is not the only factor in determining liability. Your attorney can supplement the police investigation with independent evidence, witness statements, and expert analysis. If litigation becomes necessary, your case would be heard at Van Nuys Courthouse West, where pedestrian accident claims are regularly adjudicated.

If you or a family member was struck by a vehicle in Canoga Park, contact L&F Brown for a free consultation. We identify every liable party and fight for the compensation pedestrian accident victims need to recover and rebuild their lives. You pay nothing unless we win. Call today.