Experience You Can Trust
Pedestrian Incident Liability Lawyer
Walking is one of the simplest and healthiest ways to get around, but it comes with risks. Pedestrians have no seatbelts, airbags, or protective barriers to shield them from impact. One distracted driver, one speeding vehicle, or one poorly marked crosswalk can turn an ordinary day into a life-changing tragedy.
At Abronson Law Offices, we represent injured pedestrians and grieving families across the Bay Area and all of California. Whether you were walking to work, exercising, or simply crossing the street, we are here to help you recover when someone else’s negligence causes harm.
There are strict legal timeframes to file a claim in California. For most incidents, you have two years from the date of the incident but when a non-federal government agency is involved, that window could be as short as six months. Don’t wait and risk your recovery. Contact our legal team today for a free consultation.
Pedestrian Cases Matter
Drivers have a responsibility to watch for pedestrians. However, pedestrians are often an afterthought, especially on arterial roads, wide intersections, areas with poor lighting, and in areas missing crosswalks. Add in distracted, rushed, or impaired drivers, and a short walk home can become life-altering in seconds.
Pedestrians don’t have airbags or seatbelts. When a car, SUV, or truck strikes a person the human body absorbs the full impact. The results are often catastrophic: broken bones, brain trauma, paralysis, or death. Even “low-speed” collisions in parking lots or neighborhood streets can cause lifelong injuries.
Pedestrian deaths are rising faster than any other category of traffic fatality in the United States. According to the California Office of Traffic Safety (OTS), more than 1,100 pedestrians were killed on California roads in 2022 alone. Nationwide, 7,522 pedestrians died in traffic crashes in 2022, the highest number since 1981.
Common Causes of Pedestrian Cases in California:
· Drivers failing to yield at crosswalks
· Speeding in residential or school zones
· Failing to yield the right of way
· Distracted driving (texting, calls, GPS use)
· Driving while fatigued
· Impaired driving (alcohol, marijuana, or prescription drugs)
· Running stop signs or red lights
· Unsafe passing near pedestrians
· Poor visibility or lack of pedestrian signage
· Passing stopped school buses
· Dangerous roadway design or missing crosswalks
· Attempting to pass too close to pedestrians on narrow roads
· Left-hand turns where drivers fail to see pedestrians
More than 60% of pedestrian deaths occur on arterial roads where speed limits exceed 40 mph and safe crossings are limited.
Why Choose Abronson Law Offices?
Insurance companies may try to minimize your injuries, shift blame, or offer a low settlement, especially if they argue the pedestrian didn’t have the legal right of way. We understand California pedestrian injury law and how to navigate local courts and insurance negotiations. From broken bones to wrongful death, we know what it takes to build strong pedestrian injury claims that hold negligent drivers accountable.
Our attorneys understand how to build strong injury claims using your treatment and the evidence collected from your incident. Whether it’s a strain or a catastrophic injury, we know how to present your case clearly, powerfully, and persuasively. We work with your doctors and our experts to show the full impact of your injury.
What sets us apart:
· Proven results in pedestrian injury cases
· Proven results in complex injury cases
· Access to top medical experts for evaluation and testimony
· Aggressive negotiations backed by trial experience
· Transparent communication, every step of the way
· You don’t pay unless we win your case
We have recovered compensation for clients suffering from:
· Traumatic brain injuries (TBI) and concussions
· Spinal cord trauma and paralysis
· Broken arms, legs, hips, and ribs
· Internal bleeding and organ damage
· Pelvic and facial fractures
· Permanent disfigurement or scarring
· PTSD, anxiety, and psychological trauma
· Fatal injuries leading to wrongful death claims
What Compensation Can I Recover?
If someone else’s negligence caused your injury, you may be eligible for:
· Medical expenses (past and future)
· Lost income and reduced earning potential
· Pain and suffering
· Rehabilitation and long-term care
· Emotional distress
· Any other damages unique to your case
We work with medical experts, financial analysts, and crash investigators to build a strong case and address all the impacts this incident has had on your life. Our goal is to make sure your compensation reflects the true cost of how any incident has affected your life, not just what the insurance company is willing to pay.
Common Questions About Pedestrian Incident Injury Cases
Do I Have to be in a Crosswalk to File a Claim?
A: No. California law requires drivers to exercise caution around all pedestrians, even those not in crosswalks. Liability can still exist if a driver failed to slow down or was distracted.
What if the Driver Says it Was My Fault?
A: Even if you were partially at fault (e.g., jaywalking), California’s comparative negligence law still allows you to recover damages, though your compensation may be reduced based on your share of fault.
Do I Have a Case if I Was Hit in a Parking Lot?
A: Yes. Drivers in parking lots must drive slowly and yield to foot traffic.
What if I Was Hit by a Vehicle That Fled the Scene?
A: Hit-and-run drivers are, unfortunately, common. If the driver can’t be found, we may be able to pursue a UM (Uninsured Motorist) claim through your auto or homeowner policy, if available.
What if My Loved One Died After a Pedestrian Accident?
A: Surviving family members may be able to file a wrongful death claim, which can include funeral costs, loss of financial support, loss of companionship, and more.
Who Determines Fault in an Incident?
A: Any decision made by an insurance adjustor is not final. We independently investigate every crash and work with accident reconstruction experts when necessary. If a case does not settle only the jury or judge gets to decide who is at fault.
What if I Can’t Afford a Lawyer?
A: You don’t need to. We work on a contingency fee basis, meaning you owe nothing unless we recover money for you.
Can I Sue Even if the Person Responsible wasn’t Criminally Charged?
A: Yes. Civil liability is separate from criminal charges. We can pursue compensation regardless of whether the responsible party was arrested or convicted.
Can I Recover Damages Even if I was Partially at Fault?
A: Yes. California follows comparative negligence. Your compensation may be reduced, but you can still recover for the portion not caused by your actions.
Do I Still have a Claim if I Heal Fully?
A: Yes. Even if you fully heal you are still entitled to the time lost, pain endured, and costs incurred still matter. You’re entitled to compensation for what you went through.
What if I had Delayed Treatment?
A: A delay does not destroy your case, but it may give the insurance company a reason to challenge the seriousness or cause of your injuries. We work with your doctors to clearly connect your treatment to the incident and counter any attempts to downplay your injuries.
Do I Need to Wait Until Treatment is Complete?
A: Sometimes. When possible it is usually best to wait until treatment is complete before settling your claim. Because you can only settle your claim one time you want to know the full extent of your injuries before doing so. Where there is permanent injury, we work with your doctors and life care planners to estimate the full scope of future treatment so your case reflects long-term needs.
Will a Settlement Cover a Lifetime of Care?
A: It can. We build claims that include future medical costs, equipment replacement, caregiver expenses, and lost income through retirement age.
Is Emotional Trauma Considered Part of the Claim?
A: Absolutely. PTSD, anxiety, depression, and fear of public spaces are all compensable in civil claims and often a major part of recovery.
Are Scars Considered “Compensable”?
A: Absolutely. Permanent scars can be a major part of claims, especially in children or victims who require further treatment to reduce scarring.
Do I Need Surgery to have a Strong Case?
A: No. Many cases involve long-term physical therapy or non-surgical treatment. However, if surgery is required, we make sure it’s factored into the claim value.
What if I Already had Arthritis or Degeneration?
A: Pre-existing conditions don’t disqualify you. If the accident made your condition worse or accelerated the need for treatment, you’re still entitled to compensation under California law.
What if I Already have a Preexisting Condition?
A: Pre-existing conditions do not disqualify you. If the accident caused an injury that otherwise wouldn’t have occurred or exacerbated a preexisting condition, you still have a valid claim.
Do I Need a Lawyer if the Insurance Company Made Me an Offer?
A: Always speak to a lawyer first. Early settlement offers are often far below the long-term cost of your recovery and once you accept, you can’t ask for more later.
Will I Have to go to Trial?
A: Most cases settle but we prepare every case as if it might go to trial. Our trial readiness helps us negotiate from a position of strength.
Can I Sue if My Injury Happened at Work?
A: Yes. While workers’ comp may cover medical care, you may also have a separate third-party claim if another entity (equipment manufacturer, subcontractor, etc.) caused your injury.
Get a Free, No-Pressure Consultation
You do not have to do this alone. Our team is here to help you understand your rights, evaluate your case, and move forward with confidence. We offer fully remote services and free consultations by phone or video. If you’re recovering at home or in the hospital, we’ll meet you where you are.
Settlement
$1,050,000
Pedestrian Incident Case
Settlement
$500,000
Pedestrian Incident Case
Settlement
$490,000
Pedestrian Incident Case
Contact Us
If You or a Loved One Have Been Injured in an Accident, Speak with Our Legal team Today!
Office Locations
Main Office
332 North 2nd Street
San Jose, CA 95112
San Francisco Office
1390 Market Street, Suite 200
San Francisco, California 94102
Contact Us
Phone: (408) 687-9155
Fax: (408) 352-5595