Pedestrian Accident
Legal Help for Injured Pedestrians in California
Walking is a healthy, eco-friendly, and often necessary way to get around San Diego. But for pedestrians, even a short walk can be dangerous when drivers act carelessly behind the wheel. In a collision between a person on foot and a motor vehicle, it’s the pedestrian who pays the price. At In Motion Law, APC, our lawyer represents pedestrians statewide who have been injured in traffic accidents and fights to hold negligent drivers accountable for the damage they have caused.
When California Law Gives Pedestrians the Right-of-Way
California has long recognized the vulnerability of pedestrians and has passed several laws to protect them. Key statutes in the California Vehicle Code set clear rules for both pedestrians and motorists:
- CVC §21950 requires drivers to yield the right-of-way to pedestrians crossing within marked or unmarked crosswalks at intersections. While pedestrians are expected to use due care, such as by not darting into traffic or entering an intersection when it would be hazardous to do so, the greater responsibility rests on the driver.
- CVC §21951 prohibits drivers from overtaking another vehicle stopped at a crosswalk. It’s reasonable to expect that the driver has stopped to allow a pedestrian to cross, and impatiently swerving around a stopped car is a reckless and dangerous maneuver.
- CVC §21952 requires drivers emerging from an alley, driveway, or building to yield to pedestrians on the sidewalk.
Despite these laws, many drivers fail to stop, fail to yield, or simply fail to see the pedestrians in their path until it’s too late.
What Causes Most Pedestrian Accidents?
Pedestrian accidents are often the result of driver negligence. In a city like San Diego—with dense intersections, active nightlife, and busy shopping districts—these accidents can happen anywhere. Some of the most common causes of pedestrian accidents include distracted driving, speeding, failure to yield at crosswalks, running red lights or stop signs, impaired driving, and rolling stops at intersections. In many cases, drivers are simply not paying attention to their surroundings.
Environmental factors like poor lighting or inclement weather can make matters worse. But ultimately, it’s up to drivers to stay alert, especially in areas where pedestrians are likely to be present.
The Devastating Impact of a Pedestrian Collision
A car, truck, or SUV weighs thousands of pounds and can inflict devastating injuries in a pedestrian collision—even at relatively low speeds. Many victims suffer traumatic brain injuries, spinal cord damage, broken bones, internal bleeding, and severe lacerations. Recovery is often long and painful. Some injuries leave permanent disabilities or psychological trauma that changes a victim’s life forever. In the most tragic cases, pedestrian accidents end in fatality, which gives rise to a wrongful death claim to be asserted by surviving family members.
Fighting Back Against Insurance Companies After a Pedestrian Accident
Insurance companies are rarely eager to pay what a pedestrian accident claim is truly worth. Their adjusters may argue that the pedestrian was partially or even entirely to blame in an attempt to evade responsibility or lower how much they have to pay. California follows a pure comparative negligence system, which means that an injured pedestrian’s compensation can be reduced if they were partly at fault. For example, if a pedestrian crossed against the light or outside a crosswalk, the insurance company may attempt to reduce or deny the claim. An action such as this may or may not amount to negligence, and the percentage of fault attributable to each party is always open to dispute.
That’s why it’s so important to have an experienced personal injury attorney on your side. At In Motion Law, APC, we investigate the accident thoroughly, gather critical evidence, and push back against insurance tactics designed to minimize your recovery. We understand the law, the rules of the road, and the challenges injured pedestrians face when dealing with reluctant insurers. Lawyer Jack Pogosian is a trial-focused litigation attorney with plenty of experience in the courtroom who is always ready to go to trial when necessary.
What You Can Recover in a California Pedestrian Injury Case
If you were injured due to someone else’s negligence, you have the right to seek compensation. A successful personal injury claim can include, for example:
- Medical bills, including future care and rehabilitation
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of quality of life
A pedestrian accident is likely to include significant amounts in all of these categories. In a fatal accident case, surviving family members may also pursue wrongful death compensation for funeral expenses, loss of financial support, and the loss of a loved one’s companionship.
How In Motion Law, APC Can Help
At In Motion Law, APC, we understand how painful, stressful, and overwhelming a pedestrian accident can be. We handle every step of the legal process so you can focus on healing. From collecting police reports and medical records to consulting with experts and negotiating with insurers, our firm is with you every step of the way.
We also recognize the importance of acting quickly. The statute of limitations in California typically gives you two years to file a personal injury lawsuit, but the deadline may be shorter if a public agency (such as San Diego city or county) is involved. The sooner you contact us, the sooner we can begin building your case.
Tips for Pedestrian Safety
Although drivers have the legal responsibility to avoid hitting pedestrians, you can still take precautions to protect yourself. Use designated crosswalks and wait for walk signals when available. Try to make eye contact with drivers before crossing in front of them. At night, wear bright or reflective clothing, and stay especially alert around driveways and parking lots. Remember that California law gives pedestrians the right of way in many instances, and even if you are deemed partially at fault, you still have a case against a negligent driver who hit you.
Talk to a Lawyer Today
If you or a loved one was injured in a pedestrian accident, don’t wait to get help. Contact In Motion Law, APC, for a free consultation. We’re here to listen, advise, and fight for the full compensation you need and deserve. Let us put our legal experience to work for you.
