Liability When a Pedestrian Acts Unexpectedly: The Long Beach PCH Death Raises Tough Questions

By Yosi Yahoudai Founder and Managing Partner

July 10, 2025

Car Accidents

What Happened in Long Beach on May 18, 2025? 

Late that Sunday night, a pedestrian was struck and killed on Pacific Coast Highway in Long Beach. The man, reportedly in his 30s and unclothed at the time, was found dead at the scene. The driver stayed and cooperated with authorities. No arrests have been made. 

The headline is jarring. But the legal questions underneath are even more complex. 

“When a pedestrian behaves erratically, it doesn’t automatically clear the driver of responsibility,” says J&Y Law’s Prelitigation Managing Attorney Arthur Dermendjian. “The law still expects drivers to stay alert, anticipate risk, and respond with care – even in unpredictable situations.” 

Can a Driver Still be Held Liable if the Pedestrian was Behaving Strangely?

Yes. California law holds drivers to a duty of care – which means they must drive with reasonable caution, regardless of the circumstances. That includes: 

• Slowing down in poorly lit or high-risk areas 

• Staying vigilant for pedestrians, even at odd hours 

• Avoiding distractions like phones, food, or loud music 

While an unclothed pedestrian is rare, erratic or unexpected pedestrian behavior isn’t. Drivers are trained and licensed with the understanding that not everyone will follow the rules of the road. 

“The driver’s duty doesn’t end when things get weird,” Dermendjian explains. “It gets sharper. That’s the whole point of defensive driving. You don’t get to say, ‘I didn’t expect that,’ and walk away clean.” 

Does a Pedestrian’s Behavior Affect a Wrongful Death Case?

It can. If the pedestrian was jaywalking, intoxicated, or acting in a way that made the accident more likely, a court might assign comparative fault – meaning the pedestrian shares some blame. 

But even if the victim is partially at fault, the driver (or their insurer) could still be responsible for a portion of damages. In California, partial liability doesn’t cancel out a claim. 

That means the victim’s family may still have a wrongful death claim, even if the situation seems complicated or unconventional. 

What if the Driver was Sober, Stayed at the Scene, and Didn’t Break the Law?

That helps their defense, but it’s not an automatic pass. Investigators will ask: 

• Was the driver speeding? 

• Were they paying full attention? 

• Could they have stopped in time? 

The standard isn’t perfection. But it is reasonable care under the circumstances. And in a populated area like PCH, where pedestrians are known to cross even when they shouldn’t, “I didn’t see him” might not cut it. 

“We’ve seen sober drivers who didn’t break a single law still get sued – and lose – because they didn’t react reasonably in the moment,” Dermendjian notes. “And juries don’t just look at facts. They look at behavior, judgment, and humanity.” 

Can the Victim’s Family Still File a Lawsuit in a Case Like This?

Yes. A wrongful death claim is still possible. The legal team would look into: 

• Street lighting and visibility at the scene 

• Surveillance footage or dashcam evidence 

• Any distractions on the driver’s part 

• Toxicology reports (for both parties, if available) 

• Past complaints or traffic history at that location 

Families don’t have to prove the driver was 100% at fault – just that their failure to act reasonably contributed to the death. 

“I’ll never forget one case,” says Dermendjian. “There was this young boy on his bike, riding late at night. The defense tried to blame a ‘phantom driver’ who didn’t exist. They threw every excuse at us, hoping something would stick. But the truth won. His family got justice, even if he wasn’t here to see it. And that’s the hardest part of this work. You fight for someone who can’t speak anymore. So, you speak louder. You carry their story like it’s your own.” 

What’s Next for the Family of the Victim?

How someone dies should never overshadow why it happened – or what their family is left to face. A man lost his life on that road. His loved ones are now grieving, confused, and likely being met with silence instead of support. Headlines might move on, but the family doesn’t get to. They’re the ones who need clarity, accountability, and a path forward. That’s what the law is for. 

At J&Y Law, we don’t shy away from complicated cases. We lean into them. We ask the hard questions. And when the facts get murky, we make sure the truth still gets heard. 

If your loved one was killed in a pedestrian accident – even under unusual circumstances – don’t assume you have no case. Talk to a team that understands nuance, evidence, and the human cost of inaction. 

Call J&Y Law. We’ll tell you what your options are, and we’ll treat your story with the dignity it deserves. 

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