San Diego Pedestrian Accident Lawyers
Pedestrians have almost no protection when they are struck by a car, truck, motorcycle, rideshare vehicle, or other motor vehicle. Even a relatively low-speed collision can cause severe injuries, including traumatic brain injuries, fractures, spinal injuries, internal injuries, permanent disability, and wrongful death.
The Mason Firm represents pedestrians and families in serious injury and wrongful death cases throughout San Diego and California. The firm handles cases involving crosswalk collisions, intersection crashes, distracted driving, speeding, drunk driving, hit-and-run accidents, unsafe road conditions, public entities, rideshare vehicles, and catastrophic injuries.
Led by trial attorney Brian R. Mason, The Mason Firm prepares serious pedestrian injury cases for litigation and trial from the beginning.
If you or a loved one was seriously injured while walking, contact The Mason Firm for a free case review.
Pedestrian Accident Cases We Handle
The Mason Firm represents people injured in pedestrian accidents involving:
- crosswalk collisions;
- intersection accidents;
- left-turn and right-turn crashes;
- vehicles failing to yield;
- distracted drivers;
- drunk drivers;
- speeding drivers;
- hit-and-run drivers;
- rideshare vehicles;
- commercial vehicles;
- trucks and delivery vehicles;
- parking lot collisions;
- backing vehicles;
- school-zone accidents;
- neighborhood streets;
- dangerous roadways;
- unsafe intersections;
- inadequate lighting;
- dangerous public property;
- and wrongful death.
Pedestrian cases often involve disputed liability. Drivers may claim they did not see the pedestrian, that the pedestrian entered the roadway unexpectedly, or that the pedestrian was outside a crosswalk. These cases require careful investigation of the collision, roadway conditions, sight lines, traffic signals, vehicle speed, lighting, and available video.
Why Pedestrian Accidents Are Often So Serious
Pedestrians have no seat belt, airbag, steel frame, or other physical protection. When a vehicle strikes a person, the body absorbs the force of the collision. Common injuries include:
- traumatic brain injuries;
- concussions;
- skull fractures;
- facial injuries;
- spinal cord injuries;
- neck and back injuries;
- pelvic fractures;
- hip fractures;
- femur fractures;
- leg and ankle fractures;
- arm and wrist fractures;
- internal injuries;
- organ damage;
- road rash;
- nerve damage;
- scarring;
- disfigurement;
- amputations;
- permanent disability;
- and wrongful death.
The full impact of the injury may not be known immediately. Serious pedestrian cases often require long-term medical care, surgery, rehabilitation, therapy, future treatment, and expert analysis.
Common Causes of Pedestrian Accidents
Pedestrian crashes can happen for many reasons. Common causes include:
Failure to Yield
Drivers may fail to yield to pedestrians in marked or unmarked crosswalks, at intersections, or while making turns.
Distracted Driving
Drivers using phones, navigation systems, texting, adjusting controls, or looking away from the road may fail to see a pedestrian.
Speeding
Speed affects both stopping distance and injury severity. A faster-moving vehicle has less time to react and creates greater force on impact.
Drunk or Impaired Driving
Alcohol and drugs can impair reaction time, judgment, perception, and the ability to detect pedestrians.
Unsafe Turns
Drivers may focus on vehicle traffic and fail to notice a pedestrian crossing during a left or right turn.
Backing Vehicles
Parking lots, driveways, alleys, and garages can be dangerous when drivers back up without checking carefully for pedestrians.
Poor Visibility
Low light, glare, rain, darkness, obstructed sight lines, parked vehicles, and poorly designed intersections may contribute to a collision.
Dangerous Road Conditions
Some pedestrian accidents involve unsafe crosswalk placement, inadequate lighting, missing warning signs, poorly timed signals, dangerous medians, or other roadway design issues.
Crosswalk and Intersection Accidents
Crosswalk accidents are among the most common pedestrian injury cases. A pedestrian may be struck when a driver:
- fails to yield;
- turns through a crosswalk;
- runs a red light;
- runs a stop sign;
- enters an intersection too quickly;
- looks only for vehicle traffic;
- drives while distracted;
- or fails to see the pedestrian in time.
The existence of a crosswalk does not automatically determine fault, and every case depends on its facts. Evidence may include signal timing, road design, witness statements, surveillance footage, vehicle data, photographs, and accident reconstruction.
Pedestrian Accidents Outside a Crosswalk
Drivers and insurance companies sometimes assume that a pedestrian outside a marked crosswalk is automatically at fault. That is not necessarily true. Liability depends on the full circumstances, including:
- where the pedestrian was walking;
- traffic conditions;
- visibility;
- vehicle speed;
- whether the driver had time to react;
- roadway design;
- lighting;
- nearby intersections;
- and the conduct of both the driver and pedestrian.
California follows comparative fault principles. Even if a pedestrian shares some responsibility, that does not automatically prevent recovery.
Hit-and-Run Pedestrian Accidents
Hit-and-run pedestrian crashes can be especially difficult because the responsible driver may leave before identifying themselves or providing insurance information. Important evidence may include:
- surveillance video;
- traffic cameras;
- dashcam footage;
- witness statements;
- license plate information;
- vehicle debris;
- photographs;
- police reports;
- 911 calls;
- nearby business video;
- and social media or neighborhood camera footage.
If the driver cannot be identified, uninsured motorist coverage may need to be reviewed depending on the facts and available policies.
Early investigation is critical because video can be erased and witnesses can become difficult to locate.
Pedestrian Accidents Involving Children
Children are especially vulnerable as pedestrians. Child pedestrian accidents may occur near:
- schools;
- parks;
- residential neighborhoods;
- driveways;
- parking lots;
- crosswalks;
- bus stops;
- and recreation areas.
Drivers may have a heightened need to use caution in places where children are likely to be present. A serious pedestrian injury to a child may affect medical care, development, education, future earning capacity, independence, and quality of life. These cases require careful evaluation of both present and future damages.
Pedestrian Accidents Involving Older Adults
Older pedestrians may suffer especially serious consequences from a collision.
Injuries may include:
- hip fractures;
- pelvic fractures;
- traumatic brain injuries;
- spinal injuries;
- internal injuries;
- loss of mobility;
- and loss of independence.
Recovery may also be slower, and injuries may lead to long-term rehabilitation, assisted living needs, or permanent changes in daily life.
Rideshare and Delivery Vehicle Pedestrian Accidents
Pedestrian crashes may involve Uber, Lyft, delivery drivers, commercial vehicles, or app-based drivers. These cases can involve additional insurance issues, including questions about:
- whether the driver was logged into an app;
- whether a trip had been accepted;
- whether a passenger was present;
- employer or independent contractor status;
- commercial insurance;
- company policies;
- and multiple layers of insurance coverage.
The driver’s status at the time of the collision can affect which policies may apply.
Dangerous Roadways and Public Entity Claims
Some pedestrian accidents are caused or worsened by dangerous roadway conditions. Potential issues may include:
- poorly designed intersections;
- unsafe crosswalk placement;
- inadequate lighting;
- missing warning signs;
- defective traffic signals;
- obstructed sight lines;
- dangerous medians;
- poor pedestrian timing;
- unsafe sidewalks;
- and other dangerous conditions of public property.
Cases involving cities, counties, transit agencies, or other public entities may require a government claim before a lawsuit can be filed. These claims often involve much shorter deadlines than ordinary personal injury cases.
Early legal review is important.
What if the Driver Says They Never Saw the Pedestrian?
Drivers frequently say they did not see the pedestrian until it was too late. That does not end the analysis. A driver’s responsibility may depend on whether they were:
- driving too fast;
- distracted;
- turning without checking;
- failing to scan the roadway;
- impaired;
- ignoring a traffic signal;
- or failing to use reasonable care under the circumstances.
The fact that a driver did not see a pedestrian does not necessarily mean the collision was unavoidable.
Damages in Pedestrian Accident Cases
The damages in a pedestrian injury case depend on the severity of the injury, medical treatment, future care needs, work impact, permanent limitations, and effect on quality of life. Recoverable damages may include:
Medical Expenses
This may include ambulance care, emergency treatment, hospitalization, surgery, imaging, medication, rehabilitation, physical therapy, and follow-up care.
Future Medical Care
Serious injuries may require future surgery, rehabilitation, pain management, specialist care, assistive devices, prosthetics, or long-term support.
Lost Income
An injured pedestrian may lose income because of hospitalization, recovery, medical appointments, or inability to work.
Loss of Earning Capacity
If the injury affects the person’s ability to work in the future, damages may include reduced earning capacity.
Pain and Suffering
Damages may include physical pain, emotional distress, anxiety, inconvenience, sleep disruption, fear, and loss of enjoyment of life.
Permanent Disability or Disfigurement
Pedestrian collisions can cause paralysis, amputation, traumatic brain injury, chronic pain, scarring, disfigurement, and permanent mobility limitations.
Loss of Independence
A serious injury may affect driving, walking, work, exercise, household responsibilities, family activities, and daily self-care.
Wrongful Death Damages
When a pedestrian is killed, qualifying family members may have wrongful death claims for the loss of love, companionship, comfort, care, assistance, protection, guidance, support, and other losses recognized under California law.
What to Do After a Pedestrian Accident
After a pedestrian crash, consider taking the following steps:
- Call 911.
Report the collision and request emergency medical care. - Get medical treatment.
Pedestrian injuries can be serious even when symptoms are not immediately obvious. - Identify the driver and vehicle.
Obtain license, insurance, registration, plate number, and contact information if possible. - Take photographs and video.
Document injuries, vehicle damage, the roadway, crosswalk, traffic signals, skid marks, lighting, and surrounding area. - Identify witnesses.
Get names and contact information from anyone who saw the collision. - Look for cameras.
Nearby businesses, homes, buses, rideshare vehicles, intersections, and parking facilities may have video. - Preserve clothing and personal items.
Shoes, clothing, backpacks, phones, and damaged items may become evidence. - Do not give a recorded statement without understanding your rights.
Insurance companies may ask questions designed to reduce or deny the claim. - Do not rush settlement.
The full extent of injuries and future care may not be known immediately. - Contact an attorney promptly.
Evidence can disappear quickly, and public entity cases may involve short deadlines.
Why Hire The Mason Firm?
The Mason Firm represents pedestrians and families in serious injury, wrongful death, traumatic brain injury, public entity, dangerous property, and motor vehicle cases throughout California.
The firm can help by:
- investigating how the collision happened;
- identifying all responsible parties;
- preserving video and other evidence;
- obtaining police and incident reports;
- locating witnesses;
- analyzing insurance coverage;
- evaluating public entity claims;
- working with accident reconstruction experts;
- reviewing medical records;
- documenting future care and damages;
- negotiating with insurance companies;
- preparing the case for litigation;
- and taking cases toward trial when necessary.
The Mason Firm is led by San Diego trial attorney Brian R. Mason and focuses on serious cases involving disputed liability, catastrophic injuries, public entities, wrongful death, and significant damages.
Frequently Asked Questions About Pedestrian Accident Cases
Below are answers to common questions about Pedestrian Accident Cases in San Diego. Disclaimer: This information is general and is not legal advice.
Who is responsible when a car hits a pedestrian?
Liability depends on the facts. A driver may be responsible for failing to yield, speeding, driving while distracted, making an unsafe turn, or otherwise failing to use reasonable care.
Can I still recover if I was outside a crosswalk?
Possibly. Being outside a marked crosswalk does not automatically eliminate a claim. California uses comparative fault, so responsibility can be divided between multiple parties.
What if the driver says they never saw me?
That does not automatically excuse the driver. The issue is whether the driver used reasonable care under the circumstances, including speed, attention, turning movements, and roadway conditions.
What if the driver fled the scene?
A hit-and-run pedestrian case may require immediate investigation for video, witnesses, license plate information, vehicle debris, and other evidence. Uninsured motorist coverage may also need to be evaluated.
Can a city or public entity be responsible for a pedestrian accident?
Yes, in some cases. Dangerous intersections, unsafe crosswalks, poor lighting, defective signals, or other dangerous public property conditions may create potential public entity liability.
What injuries are common in pedestrian accidents?
Common injuries include traumatic brain injuries, fractures, spinal injuries, internal injuries, nerve damage, scarring, disfigurement, amputations, and permanent disability.
What damages can be recovered in a pedestrian injury case?
Damages may include medical expenses, future care, lost income, reduced earning capacity, pain and suffering, disability, disfigurement, loss of independence, and other losses recognized under California law.
What if my child was hit by a car?
Child pedestrian cases require special attention because the injury may affect development, education, future care, and earning capacity. Settlements involving minors may also require court approval.
How soon should I contact a lawyer?
As soon as possible. Video can be erased, witnesses can become harder to locate, and public entity cases may involve shorter claim deadlines.
How much does it cost to hire The Mason Firm?
The Mason Firm handles pedestrian accident and serious injury cases on a contingency-fee basis. Clients do not pay attorney’s fees unless there is a recovery.
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