Burbank Pedestrian Accident Lawyer

In most pedestrian accident cases, the driver who struck you bears primary liability under California’s negligence standard—meaning they failed to exercise reasonable care while operating their vehicle. California Vehicle Code §21950 requires drivers to yield to pedestrians in marked and unmarked crosswalks, so a violation of that statute is powerful evidence of fault. We also investigate secondary parties such as the City of Burbank if a defective signal, missing crosswalk paint, or poor road design contributed to the crash. Every case is fact-specific, but our job is to identify every liable party so you receive full compensation.

Call 911 right away so police respond and create an official accident report—that document becomes critical evidence in your claim. Get medical attention immediately, even if you feel fine, because adrenaline often masks serious injuries like traumatic brain injuries or internal bleeding that appear hours later. Photograph the scene, the vehicle, the driver’s license and insurance card, and any visible injuries before leaving the location. Avoid giving a recorded statement to any insurance company until you have spoken with an attorney.

Under California Code of Civil Procedure §335.1, you generally have two years from the date of your accident to file a personal injury lawsuit against a private party such as a negligent driver. However, if a government entity—such as the City of Burbank, LADOT, or Caltrans—shares responsibility for your injuries due to a dangerous road condition, you must file a government tort claim within six months of the incident. Missing these deadlines will almost certainly bar your right to recover any compensation. Contact us as soon as possible so we can preserve evidence and protect your legal rights.

Yes. California follows a pure comparative fault system under Civil Code §1714, which means you can still recover compensation even if you were partially responsible for the crash. Your total damages award is simply reduced by your percentage of fault—so if you were found 20% at fault and your damages total $500,000, you would recover $400,000. Insurance companies frequently try to inflate a victim’s share of blame to minimize payouts, which is exactly why having experienced legal representation is critical. We aggressively challenge any attempt to unfairly assign fault to our clients.

Pedestrian accident victims in Burbank are typically entitled to both economic and non-economic damages. Economic damages include all past and future medical expenses, lost wages, loss of earning capacity, and costs for ongoing rehabilitation or in-home care. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement—categories that can represent the majority of a serious pedestrian accident claim. In rare cases involving egregious conduct, such as a driver who was street racing on Sepulveda Boulevard or driving under the influence, punitive damages may also be available.

In the short term, your own health insurance, MediCal, or Medicare will typically cover your treatment, and we coordinate with those providers so your care is not interrupted. If you have MedPay or Personal Injury Protection coverage on your own auto policy, those benefits can also apply even as a pedestrian. Many of our clients treat with doctors on a medical lien basis, meaning the provider defers payment until the case resolves. We negotiate these liens aggressively so that the maximum amount of any settlement or verdict reaches you.

Hit-and-run accidents are tragically common on Burbank streets, particularly along corridors like Vermont Avenue and Figueroa Street. If the driver is uninsured or cannot be identified, your own Uninsured Motorist (UM) coverage under California Insurance Code §11580.2 may provide compensation for your injuries. We also investigate whether other third parties—a business whose vehicle was involved, a rideshare company like Uber or Lyft, or a government agency—bear any responsibility. Our firm has successfully recovered compensation for hit-and-run victims through multiple avenues, and we will pursue every one on your behalf.

Settlement timelines vary considerably depending on the severity of your injuries and the complexity of liability disputes. Straightforward cases with clear liability and a single insurer can resolve in three to six months. Cases involving catastrophic injuries—spinal cord damage, traumatic brain injury, or amputations—often require more time because we wait until you reach maximum medical improvement before valuing your claim, so we do not leave future damages on the table. If the at-fault insurer refuses a fair offer and litigation is necessary in Burbank Superior Court, the case may take one to two years. We keep you informed every step of the way.

No. We handle all pedestrian accident cases on a contingency fee basis, which means you pay absolutely nothing unless we win your case through settlement or verdict. Our fee is a percentage of the recovery, and all case costs—investigation, expert witnesses, court filing fees—are advanced by our firm. If we do not recover compensation for you, you owe us nothing. This arrangement ensures that every injured pedestrian, regardless of financial situation, has access to the same aggressive legal representation.

The vast majority of pedestrian accident cases—roughly 90 to 95 percent—resolve through settlement before trial. Insurance companies often prefer to avoid the uncertainty of a Burbank jury, particularly in cases involving serious injuries and a sympathetic victim. That said, we prepare every case as if it will go to trial, because insurance adjusters pay larger settlements when they know our attorneys are not afraid to take a case before a jury at the Stanley Mosk Courthouse. If a fair settlement cannot be reached, we are fully prepared to litigate and try your case.

Insurance companies routinely offer far less than a case is worth, especially when an unrepresented victim accepts the first offer out of financial desperation. A fair settlement must account for all future medical care, diminished earning capacity, and non-economic damages like chronic pain—costs that are difficult for an unrepresented person to accurately project. We consult with medical experts, economists, and life-care planners to build a precise damages model before evaluating any offer. We will give you an honest assessment and negotiate hard for the full value of your claim.

Yes, government entities can be held liable for dangerous road conditions under California Government Code §835 if they had notice of the hazard and failed to remedy it. Common examples include failed crosswalk signals, faded or missing crosswalk markings, inadequate lighting at intersections like Western and Olympic or Crenshaw and Slauson, and poor signal timing. The critical deadline is the six-month window to file a government tort claim, which is much shorter than the standard two-year statute. We act quickly in these cases to investigate, preserve records, and file the required claim on time.

The most valuable evidence includes the police report, surveillance or traffic camera footage, dashcam video, and eyewitness statements collected immediately after the accident. Because surveillance footage is often overwritten within 24 to 72 hours, we send evidence preservation letters to businesses and the LADOT within days of being retained. We also obtain the driver’s cell phone records to determine whether they were distracted, and we use accident reconstruction experts when liability is contested. The strength of your evidence directly affects both the likelihood of a favorable outcome and the value of any settlement.

Jaywalking does not eliminate your right to recover damages in California—it simply means your comparative fault percentage may be higher. Even a driver who has the right of way must exercise reasonable care to avoid hitting a pedestrian they can clearly see. Under California Vehicle Code §21954, a pedestrian outside a crosswalk must yield to vehicles but drivers are still required to exercise due care. We carefully analyze the specific facts, road width, vehicle speed, visibility, and driver behavior to minimize any fault assignment and maximize your recovery. Many of our clients who were crossing mid-block have still recovered substantial compensation.

The first step is a free, no-obligation consultation with our team, which you can schedule any time—day or night. During that call or meeting, we review the facts of your accident, assess liability, and give you an honest evaluation of the strength of your claim. We then immediately begin gathering evidence, sending spoliation letters, and communicating with insurance companies on your behalf so you can focus on your recovery. There is no risk and no cost to speaking with us, and early action is almost always the single most important thing you can do to protect the value of your case.