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.
A pedestrian struck by a car has no protection, so these crashes often cause catastrophic injuries. If you were hit by a vehicle in Fullerton, California law strongly protects you: under Vehicle Code 21950, drivers must yield to pedestrians in crosswalks, and a driver who fails to do so is responsible for the harm. You can recover compensation for your medical bills, lost wages, and pain and suffering. Call (949) 325-7790 for a free consultation with a Fullerton pedestrian accident attorney, available 24/7. No fee unless we win.
At Cefali & Cefali, we represent pedestrians injured in Fullerton and throughout Orange County. We know how insurers try to blame the person on foot, and we counter it with the law and the evidence.
California Pedestrian Right-of-Way Laws
Drivers must yield in crosswalks (Vehicle Code 21950). Drivers must yield the right of way to pedestrians crossing in a marked or unmarked crosswalk at an intersection.
Drivers must use due care (Vehicle Code 21950(c)). Every driver must exercise due care for the safety of any pedestrian and reduce speed or take other precautions when needed.
The Freedom to Walk Act (effective 2023). Crossing outside a crosswalk is no longer ticketable in California when it is done safely, so being outside a crosswalk does not automatically make a pedestrian at fault.
Pedestrians owe care too (Vehicle Code 21950(b)). Pedestrians must also use reasonable care, but sharing some responsibility does not bar recovery.
How does California's comparative negligence law work?
California follows pure comparative negligence. You can recover damages even if you were partly at fault for the crash, with your award reduced by your percentage of fault. There is no 50 percent cutoff: even a pedestrian found mostly at fault can still recover a portion of their damages from the driver.
This matters because insurers routinely argue the pedestrian "came out of nowhere" or was not in a crosswalk. Even when a pedestrian shares some blame, that argument reduces a claim rather than defeating it, and an attorney's job is to establish the driver's negligence and keep the pedestrian's share as low as the facts allow.
What should you do after a pedestrian accident?
Seek medical attention immediately, even if you feel fine, because serious injuries like concussions and internal injuries may not appear until later. Call the police and get a report, photograph the scene, collect witness contact information, and speak with a pedestrian accident lawyer before giving any statement to the driver's insurer.
Pedestrian crashes commonly cause broken bones, head and traumatic brain injuries, spinal cord injuries, and internal injuries, all of which can require extensive treatment and long recoveries. Prompt medical records also create the link between your injuries and the crash that a claim depends on.
Common Causes of Pedestrian Accidents
Most pedestrian crashes are caused by driver negligence. In California, establishing that negligence is the key to a claim, and the most common forms include:
Failing to yield the right of way to a pedestrian in a crosswalk
Failing to obey traffic signals and signs
Distracted driving, such as texting or talking on the phone
Speeding or driving too fast for conditions
Drunk or impaired driving
Left-turning and backing vehicles, whose drivers often fail to check for pedestrians
In Fullerton, crashes frequently happen on high-traffic corridors such as Harbor Boulevard, State College Boulevard, and Chapman Avenue, and in busy pedestrian areas around Downtown Fullerton, Cal State Fullerton, and the Fullerton Transportation Center. Seriously injured pedestrians are often treated at St. Jude Medical Center in Fullerton or UCI Medical Center in Orange, the county's only Level I trauma center.
Compensation in a Pedestrian Accident Claim
An injured pedestrian can recover economic damages (current and future medical bills, lost wages, and reduced earning capacity) and non-economic damages (pain and suffering, emotional distress, and loss of enjoyment of life). California places no cap on general damages such as pain and suffering in an ordinary injury case. If a pedestrian is killed, surviving family members can pursue a wrongful death claim under Code of Civil Procedure section 377.60 for funeral costs, lost support, and loss of companionship.
How long do I 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 crash to file a personal injury lawsuit, or two years from the date of death for a wrongful death claim. If a government entity is involved, for example a dangerous crosswalk or intersection, you may have as little as six months to file a claim. Missing these deadlines usually ends your right to recover.
How a Fullerton Pedestrian Accident Lawyer Helps
We investigate the crash, obtain the police report and any traffic or surveillance footage, gather witness statements, document your injuries, and identify every source of insurance. We handle all communication with the insurer, counter attempts to blame the pedestrian, and negotiate for full compensation. If the insurer refuses a fair offer, we are prepared to take your case to trial. Because we work on a contingency fee basis, you pay no fees unless we win.
If you or a loved one was injured in a pedestrian accident in Fullerton, call (949) 325-7790 or contact us for a free consultation. We represent injured pedestrians throughout Fullerton and Orange County, and there is 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.
