How California’s “Comparative Negligence” Law Affects Pedestrian Accident Cases

When a pedestrian is struck by a vehicle in Orange County, the consequences can be life-changing. From mounting medical bills to lasting physical and emotional trauma, victims are often left searching for answers about their legal rights. One of the most important factors in determining compensation for these injuries is California’s comparative negligence law. This doctrine governs how liability is shared between an injured party and the person or entity responsible for the accident. The following discussion explains how comparative negligence operates under California law, why it matters in pedestrian accident claims, and how it can affect the amount of compensation you receive. This article is provided by Law Offices of Samer Habbas & Associates, a firm dedicated to protecting the rights of accident victims throughout Orange County and across Southern California.

Understanding California’s Comparative Negligence Law

California follows a pure comparative negligence system, which was established by the California Supreme Court in Li v. Yellow Cab Co. (13 Cal.3d 804 [1975]). Prior to this decision, the state used the “contributory negligence” rule, which completely barred recovery if a plaintiff shared any fault for their own injuries. The Li decision fundamentally changed that approach by holding that fault should instead be allocated proportionally.

This rule is reflected in California Civil Code § 1714, which provides that every person is responsible for the results of their lack of ordinary care. In practical terms, this means that even if you were partially responsible for your pedestrian accident—such as by crossing against a signal or stepping into the street outside a marked crosswalk—you are not automatically barred from recovery. However, your financial recovery will be reduced according to your percentage of fault.

For example, if a pedestrian’s total damages are assessed at $200,000, and a jury determines the pedestrian was 20% responsible for the collision, the pedestrian would still be entitled to recover $160,000. The driver or other liable party would bear financial responsibility for the remaining 80%.

Application of Comparative Negligence to Pedestrian Accident Cases

Comparative negligence plays a central role in nearly every pedestrian accident claim because both drivers and pedestrians owe a legal duty of care under California law. California Vehicle Code § 21950 states that drivers must yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk at an intersection. At the same time, § 21950 requires pedestrians to exercise reasonable care for their own safety and not suddenly leave the curb or other place of safety and walk into the path of a vehicle that is close enough to constitute an immediate hazard.

This mutual responsibility means that both the driver and the pedestrian can be found negligent to varying degrees. Consider a common example: a driver is speeding through an intersection while a pedestrian begins to cross outside a designated crosswalk. In this situation, the driver’s excessive speed and lack of attention may be the primary cause of the accident, but the pedestrian’s decision to cross mid-block could still be a contributing factor. A court or jury would evaluate the facts and assign each party a percentage of fault consistent with the evidence.

How Comparative Negligence Affects Compensation

The comparative negligence system affects not only how much compensation you can recover but also how your attorney structures your case. Because every percentage point of fault can reduce your recovery, demonstrating the other party’s negligence through strong factual and legal arguments becomes crucial.

Evidence such as accident reconstruction reports, witness statements, surveillance footage, and traffic collision reports from local agencies—such as the Orange County Sheriff’s Department or the California Highway Patrol—can be instrumental in proving the driver’s negligence. In many cases, an experienced pedestrian accident attorney will also retain expert witnesses, such as biomechanical or human factors experts, to help clarify how the collision occurred and which party failed to meet the applicable standard of care.

Even when fault is shared, it is common for a skilled attorney to challenge inflated claims of comparative negligence. Insurance companies frequently attempt to assign excessive blame to pedestrians to minimize payouts. However, under California law, liability must be based on credible evidence and sound reasoning, not speculation.

Why Comparative Negligence Promotes Fairness

California’s adoption of comparative negligence promotes fairness by ensuring that each party bears financial responsibility in proportion to their actual level of fault. This system recognizes that accidents are often complex and cannot be fairly resolved through an “all-or-nothing” approach. For pedestrians, this rule offers an important avenue of recovery even when mistakes were made.

For example, if you were distracted by your phone while crossing a street but a driver was also distracted and ran a red light, you might still recover the majority of your damages. The law’s intent is not to punish minor mistakes but to balance accountability based on evidence.

Protecting Your Rights After a Pedestrian Accident

In the aftermath of a pedestrian accident, insurance companies may quickly attempt to contact you with settlement offers. It is vital to understand that these offers are rarely in your best interest. Before signing any documents or providing a recorded statement, consult an attorney who understands how California’s comparative negligence rules apply to your specific circumstances.

A thorough investigation can uncover critical details—such as whether the driver violated traffic laws, failed to yield, or was distracted—that strengthen your position and reduce your share of fault. Your attorney can also help you document all of your economic and non-economic damages, including medical expenses, lost wages, and pain and suffering.

Contact Orange County Pedestrian Accident Lawyer Samer Habbas

If you were injured as a pedestrian in Orange County, you do not have to navigate California’s comparative negligence laws on your own. Law Offices of Samer Habbas & Associates has extensive experience representing victims of pedestrian accidents throughout Southern California. The firm’s attorneys are dedicated to holding negligent drivers accountable and securing full compensation for their clients.

To discuss your case and better understand your legal options, contact Law Offices of Samer Habbas & Associates by calling 949-727-9300 or contacting us online for a free consultation. You have legal rights under California law—let an experienced Orange County pedestrian accident lawyer help you protect them.