Pedestrian Accident Lawyers in Westminster
Immediately After Your Pedestrian Accident
Preserve as much evidence as you can after you seek medical attention and file a police report. Your case will hinge on physical evidence. Dashcam footage, CCTV footage, witness statements, and anything else you can think of will need to be turned over to the attorney to start the investigation.
An experienced Westminster pedestrian accident lawyer can help victims better understand their legal rights and options. There are some roadways that are just not safe for pedestrians. Even when motorists exercise caution or pedestrians have the right-of-way, there are several dangerous, busy intersections in Westminster where accidents can still occur.
The law firm of Bisnar Chase has been representing accident victims for over 48 years with a 99% success rate in winning personal injury claims. With the help of our legal team, the attorneys at Bisnar Chase have won over $1B in compensation for people who have suffered due to negligence. Our pedestrian lawyers also work on a contingency fee basis.
Contact the law offices of Bisnar Chase today at 949-203-3814 for a free consultation
What is the Statute of Limitations for a Pedestrian Accident in CA?
In California, the statute of limitations for most claims related to pedestrian accident injuries is two years from the date of the accident. This deadline is set by California Code of Civil Procedure § 335.1, which applies to personal injury claims arising from another person’s negligence.
Important Exceptions
Several exceptions can change this deadline:
- Claims against a government entity: If the at-fault party is a public agency or employee (such as a city bus, county vehicle, or dangerous condition on public property), you generally must first file an administrative claim within six months of the injury under the California Government Claims Act. Missing this deadline can bar your claim.
- Minors: Different tolling rules may apply when the injured pedestrian is under 18. The applicable deadline depends on the circumstances and the type of defendant involved.
- Delayed discovery of injuries: In limited situations where immediate discovery of an injury was unreasonable, the statute of limitations may begin running when the injury is discovered or reasonably should have been discovered. This exception is uncommon in typical pedestrian collision cases because injuries are usually apparent on the date of the crash.
Who’s at Fault in a Crosswalk Injury to a Pedestrian?
Under California Vehicle Code § 21950(a), drivers must yield the right-of-way to pedestrians crossing within any marked crosswalk or any unmarked crosswalk at an intersection. An unmarked crosswalk legally exists at nearly every intersection where sidewalks meet, even without painted lines.
However, pedestrians are not free from responsibility. The same statute requires pedestrians to use due care for their safety and prohibits them from “suddenly leav[ing] a curb or other place of safety and walk[ing] or runn[ing] into the path of a vehicle that is so close as to constitute an immediate hazard.”
- If a driver fails to yield, is speeding, or is distracted while a pedestrian is lawfully in a crosswalk, the driver is primarily or fully at fault.
- If a pedestrian suddenly darts into the path of a close vehicle, even within a crosswalk, the pedestrian may share or bear significant fault under CVC 21950(b).
What compensation can I recover after a pedestrian accident in Westminster?
- Economic damages: medical expenses, past and future
- Lost wages and the capacity to earn a living.
- Property damage and out-of-pocket expenses are also included.
- Non-economic: pain and suffering, emotional distress, loss of consortium.
Is a Wrongful Death Pedestrian Accident Different Than a Personal Injury Claim?
A wrongful death claim is brought by members of the family of the victim. Spouses, domestic partners, children, grandchildren, or other dependents who relied on the decedent. The wrongful death claim will include funeral expenses, medical costs, lost financial support, and other factors.
How Long Does a Pedestrian Accident Settlement Take?
Typically, a pedestrian accident settlement takes 6-12 months, but every claim is different and has its own circumstances. If the personal injury claim is disputed, it can take longer to reach a settlement. Your lawyer will review all the evidence of your case and determine an approximate time frame.
Pedestrian Accident Facts
Accidents involving pedestrians happen more often than many realize. In one year, the Governors Highway Safety Association estimates that about 6,000 people have died due to careless driving on the road.
Distracted driving is the primary cause of injuries to people jogging, running, or simply walking. There are ways in which you can avoid being involved in a pedestrian accident and causing harm to a pedestrian as a driver.
Pedestrians should:
- Only use marked crosswalks to cross the street
- never jaywalk
- Make eye contact with a driver so they know that you are walking across the street
- wear bright colors if they are running or walking at night
- Avoid being on the phone while crossing the street
Drivers should:
- Not text or answer any phone calls while driving
- Follow speed limits posted on the road
- Approach a crosswalk slowly
- Be extra cautious around crosswalks in bad weather conditions
- Do not drive under the influence of drugs or alcohol
5 Dangerous Roadways That Lead to Pedestrian Accidents
There are several hazardous conditions that can result in a pedestrian accident. The governing body responsible for the roadway must ensure that its design and maintenance are adequate.
Here are five examples of dangerous or defective roadway conditions that may lead to a potential claim:
- Inadequate shoulders, sidewalks, and walkways: Some roadways are simply not designed for pedestrians. When a roadway is unfit for pedestrians, signs should be posted to warn them.
- Negligent foliage maintenance: Something as simple as trimming trees and bushes can prevent pedestrian accidents. When a pedestrian crossing sign or stop sign is partially obscured by branches, the governing body responsible for the roadway must act quickly to trim the surrounding trees. Failure to do so may affect visibility on the street.
- Poor street lighting: One way to avoid being involved in a late-night pedestrian accident is to increase your visibility. Roadways that have poor lighting can be extremely dangerous. Pedestrians should try to stay in well-lit areas. When there is a history of accidents in a certain area due to inadequate lighting, the government must address the issue.
- Poor roadway maintenance: It is especially important for cities to maintain the roadway near intersections and crosswalks. Cars that strike uneven surfaces or potholes can veer out of control, putting pedestrians in the area at great risk of injury.
- Dangerous design: Several design errors can pose a danger to pedestrians. Is a crosswalk near a hill that has limited visibility? Is there an intersection at the end of a curve where drivers cannot stop in time? Does the crosswalk need flashing lights or better signage? Are the crosswalk lines faded?
Liable Parties for a Pedestrian Accident
When negligence on the part of a governmental agency results in an injury accident, that governmental agency may be held liable for the injuries suffered by the victim.
In such cases, the victim will have to show that:
- The accident resulted from a hazardous condition
- The governmental agency knew of the dangerous condition
- The agency’s failure to fix the condition directly contributed to the accident.
- The victim suffered injuries and losses as a result
In some cases, it may be possible to show that the location had a history of similar incidents and that the government failed to rectify the problem. Accident claims involving governmental agencies must be filed promptly. Under California Government Code Section 911.2, any personal injury claim against a public entity must be filed within 180 days of the incident.
Proving fault in such cases can be a challenging process and fault needs to be proven so that you may compensated for medical bills and lost wages. A skilled Westminster pedestrian accident lawyer can review all available evidence such as surveillance tapes, interview witnesses and work with investigators to prove how the accident occurred.
If a driver or government entity is not responsible for a crosswalk accident, there are other parties that can be held liable for the injury.
There are instances where the pedestrian themselves can be held accountable for the incident as well. If the pedestrian was not abiding the laws of the road, they were not only putting themselves in danger but drivers as well.
Examples where a pedestrian can be potentially liable for an accident can be if the pedestrian was jaywalking, walking when the traffic signal did not permit them to cross the street yet, being intoxicated when they entered the street or walking into areas that are prohibited to pedestrians such as bridges and highways.
Dangerous Areas of Westminster
Beach Boulevard (SR-39), Bolsa Chica Road, Westminster Boulevard, Springdale, Brookhurst area intersections, Little Saigon commercial zones, and freeway-adjacent spots are all prone to higher accident rates.
High-Risk Intersections and Corridors
- Magnolia Street & Hazard Avenue
- Brookhurst Street & Bolsa Avenue
- Goldenwest Street & Bolsa Avenue
- Beach Boulevard & Trask Avenue
- Bolsa Chica Road & Garden Grove Boulevard
- Also noted in broader Orange County analyses: Bushard Street & McFadden Avenue; Bolsa Avenue & Brookhurst Street
Beach Boulevard (SR-39) stands out as a systemic high-risk corridor through Westminster. It is a multi-lane arterial with higher speeds (often 40–50 mph), long crossing distances, sidewalk/lighting gaps in places, mid-block crossing activity, and documented pedestrian/bicyclist collisions. Regional data and walk audits (including recent SCAG/City efforts) flag it as a pedestrian safety issue.
Enforcement actions and safety assessments have targeted segments such as near Trask Avenue, 21st Street, and Westminster Boulevard. Older TIMS-based notes (e.g., 2015–2018) documented multiple pedestrian collisions along the city corridor.
City-Data fatal crash summaries for Westminster highlight a clear pedestrian pattern recently:
- 2024: 9 fatal accidents, 9 fatalities, 8 pedestrians involved.
- 2023: 13 fatal accidents, 15 fatalities, 5 pedestrians involved.
- 2022: 10 fatal accidents, 10 fatalities, 5 pedestrians involved.
- 2021: 11 fatal accidents, 11 fatalities, 7 pedestrians involved.
Contact a Westminster Pedestrian Accident Lawyer
The experienced Westminster Pedestrian Accident Lawyers at our law firm have an excellent track record of pursuing compensation from cities and other governmental agencies on behalf of seriously injured victims and their families.
The pedestrian lawyers at Bisnar Chase have an exceptional attorney-client relationship and provide superior client representation.
We have the conviction, resources, and tenacity to fight at-fault parties and help injured victims obtain fair compensation for their injuries, damages, pain, and suffering.
Call the law offices of Bisnar Chase today at 949-203-3814.
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.
