A pedestrian accident attorney in San Diego handles the insurance claim, the evidence, and the deadlines after a driver hits someone on foot. That includes getting the traffic collision report, locating video, identifying every available insurance policy, and filing suit in San Diego County Superior Court if the carrier will not resolve the claim fairly.
B&D Injury Law Group represents pedestrians injured in San Diego and throughout California. This page explains how these claims work locally, who can be held responsible, and what deadlines apply. If you were hit while walking, you can reach out for a free consultation.
What Should You Do After Being Hit by a Car in San Diego?
Call 911 and accept transport if you are seriously hurt. Get the responding agency and report number, photograph the crosswalk and vehicle, and collect witness contact information. Do not give a recorded statement to the driver’s insurer before you know the extent of your injuries, and see a doctor the same day.
- Call 911 so an officer documents the scene. San Diego Police handle city streets; the California Highway Patrol handles freeways and some unincorporated areas.
- Get medical evaluation immediately, even for injuries that seem minor. Head and internal injuries are frequently missed at the scene.
- Photograph the crosswalk, lighting, curb ramps, sight lines, and vehicle damage.
- Ask nearby businesses to preserve security footage before it is overwritten, which often happens within days.
- Write down the names and numbers of everyone who stopped, including anyone who saw the vehicle before impact.
- Notify your own auto insurer, because your uninsured motorist and medical payments coverage can apply even though you were walking.
- Keep every bill, discharge instruction, and receipt together.
Who Is Responsible When a Pedestrian Is Hit in San Diego?
Usually the driver, but not always only the driver. Responsibility can extend to an employer if the driver was working, to a vehicle owner, to a property owner whose landscaping or lighting hid the crossing, or to a public entity if a dangerous roadway condition contributed. Each possible defendant has its own rules and deadlines.
| Possible responsible party | Typical situation | Key consideration |
|---|---|---|
| The driver | Failure to yield in a crosswalk, distracted or impaired driving, unsafe turn | Covered by the driver’s liability policy, which may have low limits |
| An employer or commercial owner | Delivery vans, work trucks, rideshare drivers on the app | Commercial policies are often larger, but the carrier investigates aggressively |
| A public entity | Broken signal, obscured sign, dangerous intersection design, transit vehicle | A written government claim is generally due within six months |
| A property owner | Overgrown hedges, blocked sightlines, unsafe parking lot layout | Requires proof the condition was unreasonably dangerous and known |
What Does California Law Say About Crosswalks?
California drivers must yield to pedestrians in crosswalks, and that includes unmarked crosswalks at intersections, not just the painted ones. Pedestrians in turn cannot step suddenly into the path of a vehicle that is close enough to be an immediate hazard. Both duties get examined after a collision.
California also changed its jaywalking rules in recent years. Crossing outside a crosswalk is now generally citable only when there is an immediate danger of a collision. Even so, insurers still argue about where you were walking, so physical evidence and video matter.
What If You Were Partly at Fault?
California follows pure comparative negligence. You can still recover compensation even if you were partly responsible, with your recovery reduced by your percentage of fault. There is no cutoff percentage that bars a claim, which is different from the rule in many other states.
Insurers lean on this hard. They routinely argue dark clothing, phone use, mid-block crossing, or intoxication to push your fault percentage up. Countering that takes the collision report, video, scene measurements, and sometimes a reconstruction analysis.
How Long Do You Have to File a Claim in San Diego County?
California generally allows two years from the date of injury to file a personal injury lawsuit under Code of Civil Procedure section 335.1. If a city, county, transit agency, or other public entity may be responsible, you generally must present a written claim within six months under Government Code section 911.2 before you can sue.
That six-month deadline is the one people miss. It can apply when a transit bus, a public works vehicle, or a poorly maintained roadway was involved.
Why Work With a Pedestrian Accident Attorney in San Diego?
Local knowledge shortens the work. A pedestrian accident attorney in San Diego knows which agency responded, how to request the records, where civil cases are filed in San Diego County Superior Court, and how fast footage disappears along corridors like El Cajon Boulevard and University Avenue.
Collisions near I-5, I-8, I-15, I-805, and SR-163 often involve higher speeds and more serious injuries, and injured people are frequently transported to trauma centers such as UC San Diego Medical Center in Hillcrest or Scripps Mercy Hospital. Those hospital and health plan reimbursement claims have to be handled correctly so they do not consume the recovery.
We serve pedestrian accident clients throughout the City of San Diego and San Diego County, including Downtown, North Park, City Heights, Hillcrest, Mission Valley, Pacific Beach, Chula Vista, and El Cajon.
Frequently Asked Questions
How much does a pedestrian accident attorney in San Diego cost?
Personal injury representation is typically handled on a contingency fee, meaning the attorney is paid a percentage of the recovery and nothing if there is no recovery. Case costs are usually advanced by the firm and reimbursed from the settlement. Ask for the fee agreement in writing before you sign.
What if the driver who hit me had no insurance?
Your own auto policy may still help. Uninsured and underinsured motorist coverage can apply to you as a pedestrian, and medical payments coverage can pay treatment bills regardless of fault. Coverage may also exist through a household member’s policy. It is worth having every policy in the household reviewed before assuming there is no coverage available.
Can I bring a claim if I was crossing outside a crosswalk?
Often yes. Under California’s pure comparative negligence rule, being partly at fault reduces your recovery rather than eliminating it. Drivers still have a duty to watch for people on foot and to drive at a safe speed for conditions. Where you were crossing affects the fault split, but it does not automatically end the claim.
How long will my San Diego pedestrian case take?
It depends on the severity of your injuries and whether the insurer disputes fault. Most claims are not resolved until treatment is finished or your doctor can describe your long-term prognosis. Straightforward claims may settle in several months. Cases that require filing suit in San Diego County Superior Court generally take longer, sometimes considerably.
Should I talk to the driver’s insurance adjuster?
You are not required to give the other driver’s insurer a recorded statement. Adjusters often call early, while you are still in pain and before the diagnosis is complete, and those statements get quoted back later. It is reasonable to confirm basic facts, decline a recorded interview, and refer further questions to your attorney.
If you or a family member was hit by a driver while walking, we can review the collision report, identify available coverage, and explain your options at no cost. Learn more about our pedestrian accident practice, our broader personal injury representation, or contact B&D Injury Law Group to speak with someone about your San Diego case.
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.