Santa Monica Hit-and-Run Pedestrian Tragedy: Your Rights After a Sidewalk Crash

The recent news of a horrific hit-and-run crash on Wilshire Boulevard has sent a shockwave of grief and anger through the Santa Monica community. A reckless driver, traveling the wrong way, jumped a sidewalk and tore through a group of pedestrians, taking two lives and leaving two others injured. This senseless act of violence has left families shattered and residents demanding justice.

Our hearts at Walch Law go out to the victims, their families, and all those affected by this devastating event. While the Santa Monica Police Department works tirelessly to bring the criminal driver to justice, the victims and their families have immediate and urgent legal needs. This guide explains your civil rights and the practical steps to take after a pedestrian hit-and-run crash.

What We Know About the Wilshire Boulevard Crash

According to a report from KTLA on October 27, 2025, the tragedy unfolded around 9:15 p.m. on Friday in the 1300 block of Wilshire Boulevard. Key facts from the report include:

A driver in an orange Dodge Charger was traveling the wrong way in the eastbound lanes.
The driver drove onto the sidewalk and struck four pedestrians.
Two victims, identified as Brad Lipshy and Maura Cohen, both 61, tragically died from their injuries.
Two other victims were injured and transported to local hospitals.
The driver abandoned the vehicle at the scene and fled on foot. Police have provided a description of the suspect and are asking the public for information.¹

This incident is not just a car accident; it is a violent crime. But it is also the basis for civil legal action to hold the responsible parties accountable and secure financial support for the victims and their families.

Criminal vs. Civil Cases: Why You Don’t Have to Wait

The police are pursuing a criminal case to punish the driver for their illegal actions. This can lead to arrest, conviction, and imprisonment.

Separately, the victims and their families can pursue civil claims to recover financial compensation for their losses. These are two different legal tracks, and a civil case does not depend on a criminal conviction. You can pursue a civil claim for wrongful death or personal injury even if the driver is never identified or is found not guilty in criminal court. The standard of proof is lower, and the goal is financial recovery, not jail time.

Your Civil Options After a Hit-and-Run in California

In a complex case like this, there may be several potential defendants and sources of financial recovery.

Wrongful Death & Personal Injury Claims: The families of Brad Lipshy and Maura Cohen can file wrongful death lawsuits to recover for the loss of their loved ones’ financial support and companionship. The two injured survivors can file personal injury claims for their medical bills, lost wages, and pain and suffering.
The At-Fault Driver: Once identified, the driver is the primary person responsible for the harm they caused. Their auto insurance policy would be the first source of recovery.
The Vehicle Owner: If the driver did not own the Dodge Charger, the vehicle’s owner may also be held liable under California’s “permissive use” doctrine.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: This is the most critical source of recovery in a hit-and-run. If you have UM/UIM coverage on your own auto insurance policy, it steps in to cover your damages as if it were the at-fault driver’s insurance. This coverage applies even though you were a pedestrian. You may also be able to make a claim on the policy of a resident relative.
Other Potential Third Parties: In some cases, other parties could be responsible. For example, if the driver was working at the time of the crash, their employer could be liable. If a vehicle defect contributed to the crash, the manufacturer could be a defendant.

Because the driver’s actions were so egregious—wrong-way driving, speeding on a sidewalk, and fleeing the scene—there is also significant potential for punitive damages. These are damages intended to punish the defendant and deter similar conduct in the future.

Evidence to Preserve Immediately

Time is of the essence. Critical evidence can disappear quickly. An experienced attorney will immediately work to preserve:

Photos and videos of the scene, the abandoned vehicle, and injuries.
Contact information for any witnesses.
911 dispatch logs and official reports from the Santa Monica Police Department (SMPD).
Surveillance camera footage from nearby homes and businesses.
Medical records from the hospital and coroner’s reports.
News footage and media reports.
Records to identify the vehicle’s owner and insurance information.

Navigating Insurance When the Driver Is Unknown

The fact that the driver fled does not mean you are without options. This is precisely why Uninsured/Underinsured Motorist coverage exists.

As a pedestrian, if you have UM/UIM coverage on your car insurance policy, you can open a claim to cover your medical bills, lost wages, and pain and suffering. This coverage also extends to family members who live in your household. It is vital to notify your insurance company of a potential UM claim as soon as possible, as there are strict deadlines. An attorney can handle this for you to ensure your rights are protected.

Understanding the Damages You Can Recover

In a wrongful death or personal injury claim, you can seek compensation for a wide range of harms:

Medical bills (past and future)
Funeral and burial expenses
Lost financial support and the value of lost household services
Pain, suffering, and emotional distress
Loss of companionship, guidance, and intimacy (in wrongful death cases)
Costs of therapy and counseling for PTSD and trauma

Practical Next Steps for Victims and Families

Prioritize Medical and Mental Health Care: Seek immediate treatment for all physical injuries. For survivors and family members, grief counseling and therapy for trauma are equally important.
Do Not Speak to Any Insurance Companies: Do not give a recorded statement to any insurer without consulting an attorney. Their goal is to limit their financial exposure.
Cooperate with SMPD: Provide any information you have to the police investigators, but let your lawyer manage the civil investigation.
Open a UM/UIM Claim: Notify your own auto insurer immediately to preserve your right to make an uninsured motorist claim.
Keep a Journal: Document everything you remember about the incident, your injuries, your pain levels, and how this tragedy is affecting your daily life.

Let Our Family Help Yours- Deadly Santa Monica Pedestrian Accident Law Firm

This horrific event has caused unimaginable pain. While you focus on healing, let our family at Walch Law handle the legal burdens. We have over 45 years of experience fighting for the victims of catastrophic accidents in Los Angeles. We will immediately launch a full investigation, work to preserve all evidence, and navigate the complex insurance claims process on your behalf.

Contact us today for a free, completely confidential consultation. We work on a contingency fee basis, which means you pay absolutely nothing unless we win a recovery for you.

¹ KTLA, “Victims named in deadly Santa Monica hit-and-run crash,” Oct. 27, 2025.