While in most pedestrian accident cases the driver is typically found to
be at fault, that doesn't mean that the pedestrian can never be responsible
for their own injuries. For example, if a pedestrian was jaywalking at
the time of the accident and this resulted in the driver being unable
to see them soon enough to stop, the pedestrian's settlement may be reduced
by the percentage of fault that they shared in the accident. (This is
where California's comparative negligence laws come into play.)
However, even if a pedestrian had some fault in the accident, as long as
they are less than 51% responsible for the accident, they can still recover
some compensation for their injuries.