This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If you were hurt by a car while walking in Irvine, California law strongly protects pedestrians, and you may be entitled to compensation for your medical bills, lost income, and pain and suffering. Under Vehicle Code 21950, drivers must yield to pedestrians in both marked and unmarked crosswalks, and since the Freedom to Walk Act took effect in 2023, safe mid-block crossing is no longer a crime. The pedestrian accident attorneys at Cefali & Cefali hold at-fault drivers accountable across Orange County. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
What does California law say about pedestrian right of way?
California law places strong duties on drivers around people on foot. The key rules are:
CVC 21950 requires drivers to yield to pedestrians in both marked and unmarked crosswalks. Every intersection is a crosswalk, whether painted or not.
CVC 21954 asks a pedestrian crossing outside a crosswalk to yield to vehicles that are close, but the same law says this does not relieve the driver of the duty to use due care for everyone on the road.
The Freedom to Walk Act, effective January 1, 2023, decriminalized safe mid-block crossing, so a pedestrian can no longer be ticketed for jaywalking when it is done safely.
The practical point is that a driver cannot simply blame a pedestrian for being in the road. If the driver was speeding, distracted, or impaired and had time to react, the driver can be held liable even when the pedestrian was crossing outside a crosswalk.
Common Causes of Pedestrian Accidents in Irvine
Most pedestrian accidents come down to driver negligence. Common causes include:
Distracted driving, especially texting or phone use
Failure to yield at crosswalks and intersections
Left-turn and right-turn collisions, where a turning driver does not see a pedestrian in the crosswalk
Speeding and reckless driving, including running red lights
Impaired driving
Hit-and-run, where the driver leaves the scene
Common Pedestrian Accident Injuries
Because a pedestrian has no protection in a collision with a vehicle, injuries are often severe:
Traumatic brain injuries and concussions
Spinal cord injuries, which can cause paralysis
Broken bones and fractures
Internal organ damage
Soft-tissue injuries, which may not appear until days later
Because head and internal injuries can surface hours later, get medical attention right away even if you feel able to walk away from the scene. Prompt care protects both your health and the record linking your injuries to the crash. For a traumatic brain injury, early evaluation is especially important.
Who is at fault when a pedestrian is hit by a car?
Fault turns on who failed to use reasonable care. A driver who fails to yield, turns across a crosswalk, speeds, or drives distracted is typically at fault. But a pedestrian can share fault too, for example by crossing against a signal or stepping suddenly into traffic that is too close to stop.
California follows pure comparative negligence, so even if the pedestrian shares some blame, they can still recover, reduced by their percentage of fault, with no cutoff. If a pedestrian is found 20 percent at fault on a $100,000 claim, they still recover $80,000. Insurers routinely try to inflate the pedestrian's share of fault to cut what they pay, which is exactly what an attorney pushes back on with the evidence and the correct law.
What compensation can you recover?
An injured pedestrian may recover both economic and non-economic damages, and California places no cap on these damages in an ordinary injury case. Recoverable losses include:
Medical expenses, current and future
Lost income and reduced earning capacity
Pain and suffering and emotional distress
Property damage
Loss of consortium for a spouse
Wrongful death damages, including funeral costs, if a pedestrian was killed
Where a driver's conduct was especially egregious, such as a hit-and-run or driving under the influence, punitive damages may also be available under Civil Code section 3294.
What should you do if you are hit by a car in Irvine?
Seek medical treatment right away, even if injuries seem minor, since internal and head injuries may not be obvious at first.
Call the police and get an official report; many insurers require one.
Gather evidence: photos of the scene and your injuries, and witness contact information.
Do not give a recorded statement to the driver's insurer before speaking with a lawyer.
Contact a pedestrian accident attorney to protect your rights and handle the insurers.
How long do you have to file a pedestrian accident claim in California?
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the accident to file a personal injury lawsuit. If a government entity is involved, such as a city vehicle or a dangerous road condition, you must file an administrative claim within six months under the California Government Claims Act. Because these deadlines are strict, it is best to speak with an attorney promptly.
Why Choose Cefali & Cefali
Pedestrian claims turn on the driver's duty to yield, the fault the insurer will try to shift onto you, and the often-serious nature of the injuries. We investigate the crash, work with accident reconstruction and medical experts when needed, handle the insurer, and pursue the full value of your claim, ready to take the case to trial if the offer is not fair. We work on a contingency fee basis, so you pay no fee unless we win.
We represent injured pedestrians in Irvine and throughout Orange County, including Tustin, Lake Forest, Santa Ana, Newport Beach, and Mission Viejo. Our Irvine personal injury attorneys are here to help. If you or a loved one was hurt, call (949) 325-7790 or contact us for a free consultation. No fee unless we win.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
