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San Francisco Pedestrian Accident Attorney

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As leading personal injury attorneys in the Bay Area, we’ve helped countless accident victims find justice and secure the compensation they deserve to recover. Need help? The legal team at Delfino, Green & Green is here for you. Contact us online to schedule a free consultation.

There are countless good reasons to travel on foot—especially in the Bay Area. Walking offers an eco-friendly alternative to driving, an easy way to exercise and an opportunity to take in more of the city. Plus, it doesn’t require you to embark on the seemingly endless journey to find parking. 

When you review the benefits, it’s easy to understand why so many San Franciscans choose to walk. However, it’s important to note one major downside: Many serious pedestrian accidents occur in the Bay Area every year, some causing catastrophic injuries.

Luckily, injured pedestrians aren’t without recourse. By partnering with an experienced personal injury lawyer, they can pursue compensation for the full range of their losses.

If you were injured in a pedestrian accident caused by someone else, you’re likely still recovering. You may be feeling exhausted, overwhelmed and unsure of how to move forward. The San Francisco pedestrian accident attorney at Delfino, Green & Green can help you explore your legal options and start putting your life back together.

This article will explain everything you need to know about pedestrian accidents in California, including common causes, typical injuries and recoverable damages in pedestrian accident claims.

The sooner you reach out to a San Francisco pedestrian accident attorney, the sooner they can start building a rock-solid case for your compensation. Reach out to us online or call our law office at (415) 442-4646 to get started.

Common Causes Of Pedestrian Car Accidents

Pedestrian accidents are more common—and more deadly—than most people realize. According to the Centers for Disease Control & Prevention (CDC), nearly 8,000 pedestrians were killed in motor vehicle crashes in the U.S. in 2021. Data also reveals that pedestrians accounted for one out of every six crash-related fatalities the same year.

pedestrian accident

Major Risk Factors of Pedestrian Car Accidents

Although there are many causes of pedestrian accidents, there are a few common culprits. Here are some of the major risk factors associated with pedestrian injuries: 

  • Higher vehicle speeds increase the likelihood of a pedestrian accident occurring, as well as the severity of the pedestrian’s injuries.
  • The majority of pedestrian deaths occur on high-capacity urban roads (typically with speed limits between 45 and 55 miles per hour).
  • Crashes involving sports utility vehicles (SUVs) are associated with more bodily harm to pedestrians. 
  • Alcohol consumption (whether by the driver or the pedestrian) greatly increases the risk of a pedestrian accident occurring.

Additionally, it’s important to note that some groups of people have a higher risk of pedestrian death than others. Research suggests that individuals over the age of 65, as well as American Indian, Alaska Native and Black persons. 

Other Contributing Factors

Data provided by the National Highway Traffic Safety Administration (NHTSA) also reveals a number of concerning trends regarding pedestrian car accidents. Here are some of its findings: 

  • In 2018 there were 6,283 pedestrian fatalities and about 75,000 pedestrian injuries involving traffic accidents in the U.S.
  • That same year, 81% of pedestrian fatalities occurred in urban areas. 
  • Males accounted for 69% of pedestrian fatalities.
  • About 76% of pedestrians killed were involved in collisions that occurred during dark.

If you’re an avid walker, it makes sense to read through the risk factors of pedestrian accidents, if only to say to yourself, “I’m safe—most of these categories don’t apply to me.” While that may be true, the reality is that pedestrian accidents can happen to anyone, anywhere. The best way to stay safe is by practicing responsible walking habits and to make an emergency plan ahead of time. 

Common Pedestrian Accident Injuries

As you can imagine, pedestrians fare much worse than car passengers when the two collide. With nothing to hold them in place, pedestrians involved in collisions may be thrown from their bikes, sent flying over the windshield or even be run over by the car that hit them. The specific injuries a pedestrian sustains will depend on numerous factors, including their speed, whether or not they were wearing a helmet, the car’s speed, the road conditions, other vehicles on the road and more. Here are some of the most common pedestrian accident injuries:

  • Damage to the soft tissue. A variety of impacts can cause soft tissue damage, a category of injury that includes lacerations, sprains, strains, dislocations and tears. Although some soft tissue injuries heal almost entirely, others may never fully heal and cause long-term health problems.
  • Broken bones. Pedestrians who are struck by motor vehicles are vulnerable to practically any type of bone fracture, but some of the most common involve their hands, wrists, arms, shoulders, legs and backs.
  • Traumatic brain injuries.  A forceful blow to the head can cause a pedestrian to suffer a traumatic brain injury (TBI). These injuries range in severity from mild concussions to severe brain damage and can have life-altering repercussions for the people who sustain them.
  • Spinal cord injuries. In some cases, pedestrians who are struck by motor vehicles suffer spinal cord injuries. These severe injuries can result in paralysis and death; even less serious spinal injuries may require extensive physical therapy and life-long care.

If you’ve suffered serious injuries in a pedestrian accident, it’s important to understand that your immediate medical care is unlikely to be all that you require. Recovery may require physical rehabilitation, on-going medical treatments and future surgeries. And paying for your medical treatment may be difficult (if not impossible) without compensation. 

Damages You Might Recover After a Pedestrian Car Accident

In the wake of a serious accident, it’s hard to think about anything but your physical injuries. However, your injuries are unlikely to be the only losses you suffer. You may need to pay for expensive on going treatments and end up accruing thousands of dollars in accident-related medical debt. Your injuries may make returning to work impossible, especially if you suffer permanent disabilities. These scenarios could land you in a precarious financial situation that you’re unable to recover from. Luckily, you may be able to secure compensation for your economic and non-economic damages through a personal injury lawsuit. Your San Francisco pedestrian accident attorney can help you pursue a settlement that covers a wide range of losses, including the following:

  • Lost wages, meaning the earnings you missed because of your injury
  • Loss of earning capacity, in the event you’re unable to work (and earn) in the same way you were before the accident
  • Medical expenses, including accident-related medical bills and the cost of treatments, therapies, medications, etc.
  • Pain and suffering, including actual physical pain and emotional or mental anguish
  • Property damage, in the event your personal property is damaged or destroyed in or as a result of the accident
  • Other out-of-pocket expenses, such as the cost of hiring a driver or the cost of installing a handrail at your home

Both economic and non-economic damages fall under the category of compensatory damages, meaning that they’re meant to compensate the injury victim for their losses. Typically, personal injury settlements only include compensatory damages. However, in cases involving extreme negligence, disregard or malicious intent, the court may also award the injury victim with punitive damages as a way of punishing the defendant. 

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Frequently Asked Questions About Pedestrian Accident Attorney

How long does it take to settle a pedestrian accident?

The timeline for settling a pedestrian accident claim in the Bay Area can vary widely depending on the complexity of the case. Straightforward cases may resolve in a few months, while more serious injuries or disputes over liability can push settlements out a year or more. Having experienced legal representation can often speed up the process and help avoid unnecessary delays.

What happens if a pedestrian caused an accident?

If a pedestrian’s actions directly led to a collision, such as jaywalking or suddenly entering traffic, they may be held partially or fully at fault. In California, the comparative fault system allows for shared liability, meaning the pedestrian could still recover damages, but the compensation may be reduced based on their percentage of fault.

When is a pedestrian at fault for a car accident?

A pedestrian may be considered at fault if they disobey traffic signals, cross outside of marked crosswalks, or behave in an unpredictable or unsafe manner that causes a driver to crash. Determining fault requires a careful review of all the facts, which is why consulting a pedestrian accident attorney is crucial in these situations.

What are the main causes of pedestrian accidents?

In the Bay Area, common causes of pedestrian accidents include distracted driving, failure to yield at crosswalks, speeding in residential or urban areas, and drivers not noticing pedestrians at night or in poor weather. Urban environments with heavy foot traffic, like downtown San Jose or Oakland, see higher risks due to dense intersections and limited visibility.

How much compensation can you get for a pedestrian accident?

Compensation depends on the severity of your injuries, your medical expenses, lost income, and other damages like pain and suffering. In some cases, settlements can reach six or seven figures. The best way to understand the potential value of your case is to speak with a qualified injury attorney who regularly handles pedestrian accident claims in your area.

What is a car-pedestrian accident?

A car-pedestrian accident occurs when a vehicle strikes a person on foot. These collisions often lead to serious injuries for the pedestrian, who lacks the protection a vehicle provides. California law generally favours pedestrian safety, but fault still needs to be clearly established.

What to do after a pedestrian accident?

After a pedestrian accident, it’s important to seek medical care immediately, even if you do not feel injured. You should also report the incident to local authorities, gather witness information if possible, and avoid making statements to insurers without legal advice. Reaching out to a lawyer early can help protect your rights and ensure evidence is preserved.

Where can I find the best pedestrian accident attorney?

When looking for a pedestrian accident attorney in the Bay Area, focus on firms with a strong local presence and a proven record of success in personal injury cases. Delfino Green & Green has decades of experience helping injured pedestrians pursue fair compensation throughout San Francisco, San Jose, and the surrounding areas.

Do I need a pedestrian accident lawyer in California?

While not legally required, having a lawyer can make a significant difference. California personal injury laws are complex, and insurance companies often work hard to minimise payouts. A lawyer can protect your rights, negotiate on your behalf, and take the case to court if necessary.

What happens if you kill a pedestrian by accident?

Causing a pedestrian fatality may result in both civil and criminal consequences, depending on the circumstances. Even if the collision was not intentional, the driver may still be liable for wrongful death damages. It’s a serious situation that requires legal guidance for all parties involved.

Do I need a pedestrian accident attorney?

If you have been hit by a vehicle, or your loved one has, it is highly advisable to speak with an attorney. They can help you understand your legal options, gather evidence, and deal with insurance companies who often try to settle quickly and cheaply.

Does insurance cover a bicycle-to-pedestrian accident?

In many cases, yes, but it depends on the policies involved. Homeowner’s or renter’s insurance may provide liability coverage for the cyclist, and health insurance can help with medical expenses. An attorney can review all available policies to help identify sources of compensation.

How long after a pedestrian-car accident until I get compensation?

The payout timeline depends on whether liability is disputed, how long medical treatment takes, and whether a lawsuit is filed. You could receive compensation in as little as a few months, or it could take a year or longer. Patience and strong legal representation are key to ensuring a fair result.

How to claim for a pedestrian accident?

To file a claim, you must gather medical records, accident reports, witness statements, and proof of expenses. You will need to notify the responsible party’s insurer and submit a formal demand. Legal support ensures this process is handled efficiently and that no critical details are missed.

How to determine fault in a pedestrian accident?

Fault is determined by examining the facts: traffic camera footage, witness statements, police reports, and expert reconstruction if needed. California’s comparative fault rules make it especially important to clearly document who was responsible and to what degree.

How to file a pedestrian accident lawsuit in California?

You will begin by filing a complaint in civil court within the applicable statute of limitations, which is generally two years from the date of the accident. From there, your attorney will handle discovery, negotiations, and, if needed, trial preparation. Working with a lawyer ensures your case is filed properly and on time.

What do I do after an accident with a pedestrian?

Whether you are the driver or the pedestrian, you should seek immediate medical care, report the incident to authorities, and avoid admitting fault. It is also wise to contact a personal injury attorney to guide you through the legal process and protect your interests.

What is the definition of a pedestrian accident?

A pedestrian accident involves any incident where someone on foot is injured due to the actions of a motorist, cyclist, or even another pedestrian. These incidents often result in serious harm due to the lack of physical protection for those walking.

What should I do if the driver leaves the scene after a pedestrian accident?

Call 911 immediately and provide as much information about the vehicle and driver as possible. Hit-and-run cases can be more complicated, but you may still be able to recover compensation through your own uninsured motorist coverage or by pursuing the driver if they are located.

What damages can I recover in a pedestrian accident claim?

In California, you can pursue compensation for medical bills, lost wages, future earning capacity, pain and suffering, and more. If the driver was grossly negligent or intoxicated, punitive damages may also be available. An experienced attorney can assess your case and pursue the full range of damages available under the law.

If you sustained serious injuries in a pedestrian accident caused by someone else, your losses are likely to be substantial. Just remember: If you didn’t cause the accident, you shouldn’t be footing the bill for your recovery—period.

Fortunately, you don’t have to when you partner with an experienced and talented pedestrian accident Attorney in San Francisco. Our injury attorneys are here to support you every step of the way, but we can’t get started until you make the call.

Contact us online to schedule a free case evaluation with a pedestrian accident attorney or call our personal injury law firm at (415) 442-4646 to speak with a compassionate legal representative today.

Verdicts & Settlements

We’ve recovered millions for our clients

Construction Death

The husband and father of 4 young children was working at a construction site when he died because of another contractor’s negligence. After more than two years of hard fought litigation, our team of experts was able to win a tremendous victory on behalf of our clients and ensure that all of their financial needs will be met. We could not bring back the husband/father for this family, but we were able to protect them from the financial devastation that can and often does result where the primary source of income for the family is taken away. We then worked with our team of financial planners to make sure that this family will always have financial security.

$10,400,000

Bad Faith Insurance Claim

Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.

$10,000,000

Traumatic Brain Injury

A 16 year old developmentally disabled kid was hit by a bus while in a crosswalk. He suffered a concussion which turned into post concussive syndrome, where the symptoms of the concussion don’t heal completely. This is also known as a mild Traumatic Brain Injury (“mTBI”). Our firm was hired as trial counsel 6 months before trial because of our expertise in TBIs as well as cutting edge trial techniques. When we first associated into the case, there was a very minimal settlement offer and it did not appear that the Defense was taking the case seriously. Our team of attorneys, experts and staff immediately immersed ourselves in the case as we prepared to demonstrate the catastrophic consequences of this incident. Shortly before trial, the Defense could see that we had put all the pieces together to prove liability and that full justice for our young client required damages in the many millions of dollars. The matter settled for $5,750,000.

$5,750,000

Disability Claim

Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.

$2,400,000

Traumatic Brain Injury

Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.

$2,000,000

Heart Condition Disability

Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.

$1,800,000

Builder’s Risk/Collapse

A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.

$1,700,000

Traumatic Brain Injury

Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.

$1,000,000

Heart Condition Disability

Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death.

$1,000,000

Traumatic Hand Injury

Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.

$985,000

Aviation Death Settlement

A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.

$975,000

Forklift Accident

A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.

$700,000

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