A crosswalk offers little protection when a turning driver fails to see someone on foot. The person on foot takes the full force of the crash, and insurance calls may begin before recovery is underway. San Diego pedestrian cases can also depend heavily on independent evidence because there is no second driver to support your account.
You can put your questions to The Law Office of Kevin Lemieux, APC, before you sign anything or give a carrier a statement. Kevin Lemieux leads our firm’s pedestrian injury practice, and our attorneys review pedestrian claims at no cost.
Nothing about that first conversation obligates you to hire anyone. Call (619) 488-6767 or contact us online to set up your free consultation.
Why Injured Pedestrians Bring Us Their Cases
Adjusters keep track of which firms file lawsuits and which ones settle everything on paper. Kevin Lemieux has practiced law in San Diego since 2003, and our San Diego pedestrian accident lawyers build each file as though a jury will see it, because that possibility is what gives a demand any weight.
Pedestrian Laws in California
Drivers owe you the right of way most of the time. That protection comes from California Vehicle Code § 21950, which requires drivers to yield to anyone crossing in a marked or unmarked crosswalk at an intersection. The same section puts a duty on you, since no pedestrian may step off a curb into the path of a vehicle close enough to be an immediate hazard, and carriers lean on that half of the rule hard.
Common Causes of San Diego Pedestrian Accidents
Most San Diego pedestrian crashes trace back to a handful of recurring driver behaviors, and the cause often shapes what evidence matters most to your claim.
- Distracted driving: A driver checking a phone or dashboard screen often misses a pedestrian already in the crosswalk, and phone records can later confirm what pulled their attention away.
- Failure to yield at crosswalks: Drivers turning left or right frequently look for oncoming cars instead of pedestrians already crossing, which is a common way this duty gets overlooked in practice.
- Speeding in residential and school zones: Higher speeds shorten reaction time and increase the severity of injuries, and posted speed limit signs and any citation issued at the scene become key evidence.
- Impaired driving: Alcohol or drug impairment slows reaction time and judgment, and toxicology results or field sobriety reports can directly support a claim.
- Poor nighttime visibility: Unlit intersections, faded crosswalk paint, or dark clothing can all factor into a nighttime crash, and streetlight maintenance records can show whether the city bears some responsibility.
How San Diego Pedestrian Accident Claims Work
A claim starts with the crash report and ends with either a signed release or a verdict. San Diego Police Department traffic investigators handle most surface street collisions.
In contrast, the California Highway Patrol takes crashes on Interstate 5, Interstate 8, and the state routes crossing the county. Along the way, a claim moves through several stages:
- Notice to every carrier with possible coverage
- Collection of medical records and treatment notes
- Scene investigation, camera canvass, and vehicle data downloads
- A lawsuit filed in San Diego County Superior Court if talks stall
A driver may not be the only party responsible for a pedestrian collision. If a damaged sidewalk, poor lighting, or a blind corner in a parking structure contributed, a premises liability claim may accompany the case against the driver.
How Fault Is Determined in California Pedestrian Cases
California uses pure comparative fault, reducing your recovery by your percentage of fault. If you are found 30% at fault, you can still recover 70% of your damages, which is why adjusters often ask early questions aimed at shifting some blame to you.
Objective evidence can settle those disputes more clearly than memory alone. Our San Diego pedestrian accident lawyers gather records that establish speed, timing, and driver attention, including the following:
- Signal timing and crosswalk phasing data from the city
- Event data recorder downloads from the striking vehicle
- Surveillance footage from businesses facing the intersection
- Streetlight outage and maintenance records
Bystander photos taken minutes after the crash can resolve disputes that might otherwise last for months. Acting quickly matters in a pedestrian case because there may be no other driver who witnessed the collision from behind the wheel.
Damages Available in a San Diego Pedestrian Accident Case
Damages account for both documented financial losses and intangible harm. Pedestrian claims frequently reach across several categories because the person absorbs an impact that a vehicle would otherwise take:
- Medical treatment
- Future healthcare costs
- Lost wages and earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Disability and impairment
When a pedestrian does not survive, specific surviving family members can bring a wrongful death claim in their own names. Our team documents each category with records rather than estimates, because guesswork gives an adjuster room to argue.
Time Limits for Filing in California
You generally get two years from the date of a pedestrian crash to file suit in state court. That deadline comes from California Code of Civil Procedure § 335.1, which sets a two-year window for injury and death claims caused by another person’s wrongful act or neglect, and judges enforce it without much sympathy.
Claims involving public agencies follow different deadlines. If a city vehicle, transit bus, or dangerous road condition contributed to the crash, you may need to file a formal claim well before the usual two-year deadline, so our attorneys ask about roadway conditions and government vehicles early.
San Diego Pedestrian Accident FAQ: Answers for Injury Victims
What If the Driver Who Hit You Left the Scene?
You may still have a claim through the uninsured motorist (UM) coverage on your own auto policy, which typically follows you while you are walking. California generally requires either physical contact with the vehicle or an independent witness account to support a hit-and-run claim under California Insurance Code § 11580.2, so report the collision to police right away.
Were You Required to Cross at a Crosswalk?
No. Crossing outside a crosswalk is not automatically illegal in California, and the Freedom to Walk Act limits when officers may write a citation for it. You can still be assigned part of the fault for the crash, which is a separate question from any ticket.
Should You Give the Other Driver’s Insurer a Recorded Statement?
Not before you talk with our attorneys. Adjusters ask questions built to lock in details you may misremember on pain medication, and those answers surface again months later. You must cooperate with your own insurer, but you owe the other carrier nothing.
Get Our San Diego Pedestrian Accident Lawyer Working on Your Case
Camera footage records over itself, witnesses move away, and the driver’s insurance company already has people working the file. Reach The Law Office of Kevin Lemieux, APC, before evidence from the scene disappears.
Our attorneys will hear you out, tell you plainly where your claim stands, and deal with the carriers from that point on. Call (619) 488-6767 or contact us online today, and we will get to work on your case.
A crosswalk offers little protection when a turning driver fails to see someone on foot. The person on foot takes the full force of the crash, and insurance calls may begin before recovery is underway. San Diego pedestrian cases can also depend heavily on independent evidence because there is no second driver to support your account.
Adjusters keep track of which firms file lawsuits and which ones settle everything on paper. Kevin Lemieux has practiced law in San Diego since 2003, and our San Diego pedestrian accident lawyers build each file as though a jury will see it, because that possibility is what gives a demand any weight.
Drivers owe you the right of way most of the time. That protection comes from
A claim starts with the crash report and ends with either a signed release or a verdict. San Diego Police Department traffic investigators handle most surface street collisions.
California uses pure comparative fault, reducing your recovery by your percentage of fault. If you are found 30% at fault, you can still recover 70% of your damages, which is why adjusters often ask early questions aimed at shifting some blame to you.
You generally get two years from the date of a pedestrian crash to file suit in state court. That deadline comes from
