If you or a loved one was hit by a car while walking in Tustin, the experienced Tustin pedestrian accident lawyers at Bisnar Chase are ready to help. Since 1978 we have recovered over $1 billion for injury victims and maintain a 99% success rate. We work on a contingency-fee basis — you pay nothing unless we win. Call 949-203-3814 for a free consultation.
If you or someone you know has been involved in a pedestrian incident, our top-rated Tustin personal injury lawyers will fight for you.
Tustin Pedestrian Accidents
How Do I Prove Liability in a Tustin Pedestrian Accident Claim?
Under California law, drivers must yield the right-of-way to pedestrians in marked or unmarked crosswalks at intersections (California Vehicle Code § 21950). To succeed in a claim, you generally must show the following:
- The driver owed you a duty of care.
- The driver breached that duty (speeding, distraction, failure to yield, DUI, etc.).
- The breach caused your injuries.
- You suffered actual damages (medical bills, lost wages, and pain and suffering).
- Were you in a crosswalk or at an intersection?
- Did the driver commit a traffic violation?
- Was a dangerous roadway condition or poor lighting a factor?
Even if you were partially at fault (for example, crossing outside a crosswalk), California’s pure comparative negligence rule still allows recovery — your compensation is simply reduced by your percentage of fault. Claims against a city or government entity must usually be filed within six months.
How Much Does a Tustin Pedestrian Accident Lawyer Cost?
Bisnar Chase handles pedestrian accident cases on a pure contingency-fee basis. You pay no upfront fees and no attorney fees unless we recover compensation for you. Typical contingency percentages are discussed at the free consultation and are usually a percentage of the recovery.
Why Choose Bisnar Chase as Your Tustin Pedestrian Accident Attorneys?
- Over $1 billion recovered for clients
- 99% success rate
- More than 48 years serving Orange County
- All trial lawyers — ready to go to court when necessary
No fee unless we win - Free, no-obligation case evaluation
Call 949-203-3814 or fill out our online form today.
What Is the Average Settlement for a Pedestrian Hit by a Car in California?
Settlement amounts vary widely based on injury severity, medical costs, lost earnings, and permanent impairment. Minor soft-tissue cases may resolve in the low five figures, while catastrophic injuries (traumatic brain injury, spinal cord damage, or wrongful death) can reach six or seven figures. Our firm has recovered multi-million-dollar results in serious pedestrian and related cases.
Every case is unique. The only way to estimate the value of your claim is a free case review with an experienced Tustin pedestrian accident attorney.
How Long Do I Have to File a Pedestrian Accident Lawsuit in California?
Most personal-injury claims: 2 years from the date of the accident.
Claims against a government entity (city of Tustin, Orange County, Caltrans, etc.): generally 6 months to file an administrative claim.
Missing these deadlines can permanently bar you from compensation. Contact a lawyer as soon as possible to preserve evidence and protect deadlines.
What Questions Will the Insurance Company Ask After a Pedestrian Accident?
Insurance adjusters typically investigate the following:
- Exact location and whether you were in a crosswalk.
- Whether you had the right-of-way.
- Why did the driver not see or stop for you?
- Any traffic violations by the driver.
- Your medical treatment and pre-existing conditions.
- Statements you made at the scene or to medical providers.
Do not give a recorded statement without speaking to an attorney first. An experienced Tustin pedestrian accident lawyer can handle all communication with the insurer.
What Are the Most Common Causes of Pedestrian Accidents in Tustin and Orange County?
Common factors include:
- Drivers failing to yield at crosswalks
- Distracted driving (phones, etc.)
- Speeding
- Driving under the influence
- Poor lighting or roadway design
- Left-turn collisions at intersections
Tustin and surrounding Orange County roads such as Red Hill Avenue, Edinger Avenue, Jamboree Road, and areas near the former Marine Corps Air Station (Tustin Legacy) see significant vehicle and pedestrian traffic. Local data shows pedestrian injuries remain a real concern.
Tustin Pedestrian Accident Lawsuit
In order to prove liability, a California pedestrian accident victim must show that they have suffered serious physical or emotional injuries or damages. Remember a few essential questions to make your personal injury claim successful.
Important Questions to Ask When Filing Pedestrian Accident Claim
- Were you legally crossing the road at the time of the crash?
- Were you in a crosswalk or at an intersection?
- Did the driver strike you while committing a traffic violation?
The answers to these questions will likely affect the outcome of your accident case. A skilled Tustin pedestrian accident lawyer can help you obtain fair compensation for your losses and help hold the at-fault party accountable.
How Much is My Pedestrian Accident Case Worth?
In California, you may be able to receive compensation for damages if you have been hit by a car as a pedestrian. You could recover medical expenses from the negligent driver who caused your accident and pain and suffering or loss of wages due to an inability to work in the aftermath of an injury sustained in such an incident.
The amount awarded will depend on factors such as the severity of injuries suffered and the length of recovery time required; however, with an experienced pedestrian accident attorney in Tustin, victims may receive up to six figures depending upon their unique situation. If this has happened to you or someone close, consider speaking with one of our personal injury lawyers specialized in handling these cases.
Being specific, the average payout for a pedestrian hit by a car in California is typically 2,000.00 to upwards of 75,000.00, depending on the injuries.
How much does the attorney charge for my case?
A personal injury attorney will only charge you if they win your case; the fee is 33%, typically, of the awarded amount. If the case is lost, the client will not be charged.
How long does it take to settle a pedestrian accident case?
Your personal injury claim can take anywhere from a few months to 2 years to settle, and much of that depends on how hard your legal term works and how receptive you are in providing the information necessary to move quickly.
Questions that Insurance Companies Will Ask You
Once you have made an accident claim, insurance companies and the defense’s legal team will want specific details about the circumstances of your pedestrian accident. Investigators assigned to your claim will carefully examine when and where the pedestrian or motor vehicle accident occurred.
Factors insurance companies will ask:
- Were you in a crosswalk or at an intersection during the collision? Under California Law Vehicle Code section 21950: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”
- Did you have the right of way? Pedestrians are required to cross only in designated areas. However, drivers are responsible for exercising due care and caution, especially in areas with pedestrians. For example, a driver who strikes a pedestrian while exceeding the posted speed limit could be liable for the accident, even if the pedestrian was walking outside a marked crosswalk.
- Why was the driver unable to avoid the collision? Unless you were running quickly across traffic, it is reasonable to assume that an alert and defensive driver should have been able to avoid the collision. Therefore, it must be determined why the accident occurred.
- Did the driver commit a traffic violation? For example, did the driver run a red light? Did he or she run a stop sign or make an illegal or unsafe turn?
In some cases, a dangerous roadway or intersection may also cause or contribute to an injury pedestrian accident. In such cases, the city or governmental agency responsible for maintaining the roadway can also be liable. Any personal injury claim against a governmental agency must be properly filed within six months of an incident in the state of California.
Pedestrian Accident Statistics
Recent data indicate that the population of Tustin, CA, is 79,795. With so many people in the city, crosswalk accidents will inevitably occur. Pedestrians can suffer from internal bleeding, traumatic head injuries, bone fractures, and partial or complete paralysis, and they can even lose their life.
The California Department of Public Health states that within seven years, “One-fifth (21%) of persons killed in traffic crashes were pedestrians.”
Below are common causes, along with precautions that you can take to avoid being an accident victim.
- Drivers not paying attention: About 330,000 accidents have occurred due to a driver texting and driving. According to the Centers for Disease Control and Prevention, most of the victims who suffer from pedestrian incidents involve children and the elderly. One way to prevent yourself from being injured is to make sure you make eye contact with the driver first before crossing.
- Speeding: Speed limits are there to protect drivers and pedestrians alike. The NHSTA reports that thousands of people die every year due to drivers speeding. The best way to avoid being hit by a speeding driver is by taking a moment to look before you cross.
- Alcohol-Related Incidents: Unfortunately, some drivers are very irresponsible and choose to drive after consuming alcohol. Many pedestrians lose their lives due to negligent drivers in DUI car accidents or trucking accidents. Paying attention is the number one thing a pedestrian can do to avoid being hit by a driver under the influence.
- California Office of Traffic Safety – statewide pedestrian fatalities: 1,213 in 2022 → 1,106 in 2023 https://www.ots.ca.gov/ots-and-traffic-safety/score-card/
- Tustin 2022 OTS ranking (13 pedestrian victims killed or injured) https://www.ots.ca.gov/rankings/tustin-2022/
- UC Berkeley SafeTREC / CATSIP – Pedestrian & Bicycle Crash Data by County (2020–2024) https://catsip.berkeley.edu/resources/crash-data/pedestrian-and-bicycle-crash-data-county
- Transportation Injury Mapping System (TIMS) – interactive county/city crash maps and summaries https://tims.berkeley.edu/tools/summary
- California Department of Transportation (Caltrans) – Crash Data on State Highway System (includes pedestrian tables by county) https://data.ca.gov/dataset/2024-crash-data-on-state-highway-system
Trust Our Tustin Pedestrian Accident Lawyers
The Tustin Pedestrian Accident Lawyers at Bisnar Chase have over 48 years of experience protecting the rights of injured victims and their families.
We can help victims claim compensation for damages, including medical bills, lost wages, hospital costs, rehabilitation, and other related expenses.
If you have been injured or are interested in filing a wrongful death claim for your loved one, please call 949-203-3814 for free legal advice from a top-rated personal injury expert.
Brian Chase
Articles, blogs, and content have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College, and OCTLA, covering personal injury trial techniques.
