What should I do immediately after being struck by a vehicle?

Seek medical attention immediately and call 911. If possible, photograph the accident scene, surrounding area, and any visible injuries. Collect names, phone numbers, and addresses from all witnesses. Do not sign any documents or give a recorded statement to the at-fault driver’s insurance company without first speaking to an attorney.

Does California law protect pedestrians in crosswalks?

Yes. California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians lawfully within a crosswalk. However, insurance companies often attempt to shift blame to the pedestrian or question whether the crosswalk was lawfully used. Strong evidence is crucial.

What if the driver fled the scene of the accident?

Hit-and-run accidents create additional complexity. You may recover through your uninsured motorist coverage or other channels if the at-fault driver cannot be identified. Our investigative team works aggressively to locate fleeing drivers and preserve evidence.

What if I was jaywalking at the time of the accident?

California applies pure comparative negligence. Even if you were jaywalking, you may still recover compensation — though your award will be reduced by your percentage of fault. The driver still has a duty to avoid hitting you if reasonably possible.

How long do I have to file a pedestrian accident lawsuit?

In most pedestrian accident cases, you have two years from the date of the accident to file a lawsuit. However, if your injury was not immediately apparent, the statute of limitations may begin from the date of discovery. Cases involving government entities have a six-month notice requirement. Contact our office promptly to protect your rights.

What does it cost to hire a pedestrian accident attorney?

We work on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. There are no upfront costs and no out-of-pocket expenses.

San Diego Pedestrian Accident Attorneys

Fighting for Injured Pedestrians and Their Families Throughout Southern California

Pedestrians struck by motor vehicles have almost no protection, and the resulting injuries are often catastrophic: broken bones, traumatic brain injuries, spinal cord damage, and internal trauma are common. At Banker’s Hill Law Firm, our San Diego pedestrian accident attorneys represent injured walkers and the families of those killed in pedestrian collisions throughout San Diego County and Southern California. We fight aggressively to hold negligent drivers and other at-fault parties accountable.

Contact our office for a free case evaluation. There are no upfront costs and no attorney fees unless we win your case. Below, our pedestrian accident lawyers explain the California right-of-way laws that decide these cases and the compensation available to injured pedestrians.

Proven Track Record

Our Pedestrian Accident Results

Our legal team has recovered significant compensation for pedestrian accident victims across San Diego County and Southern California.

Below are examples of past case results. Individual outcomes depend on the specific facts of each case.

$1,000,000+

Settlement

Multiple seven-figure recoveries for seriously injured clients

$742,000

Settlement

Serious injury matter; full recovery obtained

$557,000

Settlement

Client sustained serious injuries; full recovery obtained after litigation

Additional Results

$663,000 Full compensation recovered for seriously injured client

$330,000 Client recovered full policy limits following a personal injury claim

$215,000 Vehicle collision resulting in significant personal injuries

$136,000 Vehicle accident resulting in documented physical injuries

$129,650 Medical expenses and lost wages recovered

$100,000 Policy limits recovered for injured client following collision

Past results do not guarantee a similar outcome. Every case is unique and depends on its individual circumstances. Results may vary based on the specific facts of your case.

Get Your Free Evaluation

California Pedestrian Right-of-Way Laws

California’s Vehicle Code sets out clear duties for both drivers and pedestrians. Understanding which rule applies is often the key to establishing fault:

Driver duties

Vehicle Code § 21950 — drivers must yield to pedestrians in marked and unmarked crosswalks at intersections and must exercise due care for pedestrian safety.
Vehicle Code § 21950(c) — drivers must reduce speed or take other action needed to protect pedestrians.
Vehicle Code § 21451 & § 21453 — drivers must obey traffic signals and yield to pedestrians lawfully in a crosswalk; under § 21456, pedestrians crossing on a WALK signal have the right-of-way.

Pedestrian responsibilities

Vehicle Code § 21950(b) — pedestrians must not suddenly leave a curb into the path of a vehicle that is a hazard.
Vehicle Code § 21954 — pedestrians crossing outside a crosswalk must yield to vehicles, though drivers must still use care to avoid a collision.

Even when a pedestrian bears some responsibility, California’s pure comparative negligence rule allows recovery reduced by the pedestrian’s share of fault — so a partial mistake rarely ends a claim.

The Freedom to Walk Act and Jaywalking in California

On January 1, 2023, California’s Freedom to Walk Act (AB 2147) changed how jaywalking is enforced. Officers may now cite a pedestrian for crossing outside a crosswalk only when a reasonably careful person would recognize an immediate danger of collision. Safe mid-block crossings are generally lawful. This matters for injury claims: a driver’s insurer can no longer automatically brand an injured pedestrian a ‘jaywalker’ to escape liability, and the driver’s duty to avoid a foreseeable collision remains intact.

Why Pedestrian Accidents Are So Dangerous

California consistently reports among the highest numbers of pedestrian fatalities in the nation. In 2023, pedestrians accounted for about 27% of all California traffic deaths (well above the roughly 18% national share) according to UC Berkeley’s SafeTREC and federal crash data. San Diego’s mix of dense urban corridors, busy arterials, and year-round foot traffic puts walkers at particular risk. Because a person on foot absorbs the full force of a collision, even a low-speed impact can cause life-altering traumatic brain injuries or spinal cord injuries.

Common Causes of Pedestrian Accidents in San Diego

Most pedestrian collisions come down to driver negligence. The causes we see most often include:

Distracted driving, including texting and phone use behind the wheel
Failure to yield at crosswalks and intersections
Speeding in pedestrian-heavy areas
Drunk or impaired driving
Running red lights or stop signs
Drivers turning without checking for crossing pedestrians
Backing up in parking lots and driveways
Poorly designed, poorly lit, or inadequately marked crosswalks

Dangerous road conditions, defective traffic controls, or inadequate lighting can also create liability for a government entity or, through premises liability, a property owner. Collisions can also involve rideshare vehicles or motorcycles.

How Our Pedestrian Accident Attorneys Handle Your Case

Attorney reviewing case documents with a client in a law office

Free case evaluation

We begin with a no-cost, confidential consultation to understand the circumstances of the crash and the extent of your injuries.

Investigation and evidence gathering

We collect police reports, traffic and surveillance camera footage, witness statements, scene photographs, and expert reconstruction analysis to establish liability.

Medical documentation and damage calculation

We work with your treating physicians and medical experts to document your current and future injuries and calculate every element of your losses.

Negotiation with insurers

Insurance companies often lowball pedestrian victims. We negotiate firmly and refuse inadequate offers.

Litigation, if necessary

If insurers will not offer a fair settlement, our trial attorneys are fully prepared to advocate for you before a judge and jury.

What Compensation Can Pedestrian Accident Victims Seek?

Economic Damages

Emergency care, surgery, hospitalization, and rehabilitation
Physical therapy, specialist care, and ongoing treatment
Prescription medications and medical equipment
Lost wages and diminished earning capacity
Home modifications and in-home care

Non-Economic Damages

Pain and suffering
Emotional distress and psychological trauma
Reduced quality of life and loss of enjoyment
Disability or disfigurement
Wrongful death damages if the accident was fatal
Punitive damages in cases of drunk driving or reckless conduct

The ranges below are illustrative only and reflect how pedestrian claims are commonly valued by injury severity. Because pedestrian injuries tend to be severe, these cases often fall into the higher tiers.

Injury severity	Typical example	Illustrative range
Moderate	Fractures, injuries requiring surgery	$50,000 – $250,000
Serious	Multiple surgeries, lasting impairment	$250,000 – $1,000,000
Catastrophic	Brain or spinal cord injury, amputation	$1,000,000+
Fatal	Wrongful death of a loved one	Seven figures / policy-dependent

Important — settlement ranges are illustrative, not a promiseThe figures below are general ranges drawn from reported California outcomes and this firm’s own case history. They are provided for educational context only. Every case is unique; prior results do not guarantee a similar outcome, and the value of any individual claim depends on its specific facts. This section should be published with the firm’s standard results disclaimer.

Frequently Asked Questions: Pedestrian Accident Claims

Seek medical attention immediately and call 911. If you are able, photograph the scene, the vehicle, and any visible injuries, and collect names and contact information from witnesses. Do not sign anything or give a recorded statement to the at-fault driver’s insurance company before speaking with an attorney.

Yes. California Vehicle Code section 21950 requires drivers to yield the right-of-way to pedestrians lawfully within a marked or unmarked crosswalk at an intersection. Insurers often try to shift blame to the pedestrian or dispute whether the crosswalk was used lawfully, so strong evidence is essential.

Hit-and-run cases are more complex, but you are not without options. You may be able to recover through your own uninsured motorist coverage or other channels even if the driver is never identified. Our investigative team works quickly to locate fleeing drivers and preserve evidence such as traffic and surveillance camera footage.

You may still recover. California follows pure comparative negligence, so even if you were partly at fault, your compensation is reduced by your percentage of fault rather than eliminated. Since 2023, the Freedom to Walk Act has also made many mid-block crossings lawful, and drivers still have a duty to avoid hitting pedestrians when reasonably possible.

In most cases, two years from the date of the accident under California Code of Civil Procedure section 335.1. If a government entity is involved — for example, a city vehicle or a dangerous roadway — you generally must file a formal claim within six months. If an injury was not immediately apparent, the deadline may run from the date of discovery.

We work on a contingency-fee basis. You pay no attorney fees unless we recover compensation for you, and there are no upfront or out-of-pocket costs to begin.

Contact Our San Diego Pedestrian Accident Attorneys Today

Professional Woman With Glasses And A Red Blazer Sitting

If you or someone you love has been struck by a vehicle while walking, the team at Banker’s Hill Law Firm is ready to help. Call (619) 230-0330 or request a free case evaluation to speak with our San Diego legal team today. There are no upfront costs, and you owe no attorney fees unless we win.

About the Attorney: Maxwell C. Agha

Maxwell C. Agha is the founding principal of Banker’s Hill Law Firm, A.P.C. He earned his Juris Doctor from the University of San Diego School of Law in 1988 and has spent more than 36 years representing injured Californians in state and federal courts, recovering millions of dollars in settlements and verdicts. He represents pedestrians and families in fatal pedestrian cases across San Diego County, including crosswalk collisions, hit-and-runs, and claims involving dangerous roadways.

Mr. Agha has been recognized among the Top 100 National Trial Lawyers and the Top 50 of the National Bar Association, is a Lanier Trial Academy alumnus, and has been featured on CourtTV for his work on catastrophic personal injury cases. He serves as an active arbitrator for the San Diego County Bar Association and is a member of the American Bar Association, San Diego County Consumer Attorneys, the Lawyers Club of San Diego, and the Earl B. Gilliam Bar Association.

Banker’s Hill Law Firm holds a 4.8-star rating across more than 430 client reviews, and our multilingual team assists clients in English, Spanish, Mandarin, Cantonese, Lao, Cambodian, and Arabic. Every personal injury and workers’ compensation case is handled on a contingency-fee basis — you pay no attorney fees unless we recover compensation for you.

Call us today at (619) 230-0330 or contact our office online to schedule your confidential, no-cost case evaluation.