San Diego Pedestrian
Accident Attorney

San Diego has one of the highest pedestrian fatality rates in California. According to the California Office of Traffic Safety, many of these accidents happen where pedestrians should feel safest—crosswalks, school zones, and busy intersections. Too often, drivers fail to yield, even though California law requires them to stop for pedestrians in a crosswalk. Speeding, distracted driving, and unsafe road designs only add to the danger. Even when you do everything right—waiting for a walk signal, staying in a crosswalk, and looking both ways—a reckless driver can still hit you. The Law Offices of Samer Habbas & Associates, PC has spent years fighting for injured pedestrians and their families. Below, we explain your legal options, the types of compensation available, and how an experienced attorney can fight for the justice you deserve.

What Are the Major Types of Pedestrian Accidents in San Diego?

There are many different types of pedestrian accidents in San Diego, and each one happens in a unique way.

• One of the most common is a crosswalk accident, where a driver fails to stop or yield to a pedestrian who has the right of way. These often happen at busy intersections when drivers are in a hurry or distracted.
• Hit-and-run pedestrian accidents are also a serious problem. Some drivers panic and flee the scene instead of stopping to help. If you were injured in a hit-and-run, you might still be able to get compensation through uninsured motorist coverage or a lawsuit if the driver is found.
• Parking lot pedestrian accidents happen when drivers don’t see people walking between parked cars. Drivers backing out of parking spaces are especially dangerous because they may not check their surroundings properly.
• Other common pedestrian accidents involve drunk driving, distracted driving, and speeding. A driver who is under the influence of alcohol or drugs has slower reaction times and may not even notice a pedestrian before it’s too late. Distracted drivers—especially those texting or using their phones—often hit pedestrians because they aren’t paying attention to the road. Speeding makes every accident worse because it reduces the driver’s ability to stop in time.

Where Do Most Pedestrian Accidents Happen in San Diego?

• Busy intersections and streets with heavy foot traffic tend to see the most accidents. Areas like El Cajon Boulevard, University Avenue, and Pacific Highway have a high number of pedestrian crashes each year. These roads have fast-moving cars, frequent jaywalking, and limited safe crossing areas.
• Tourist-heavy areas, such as Gaslamp Quarter, Mission Beach, and Balboa Park, also have a lot of pedestrian accidents. Visitors often aren’t familiar with local traffic patterns, and drivers may not expect people to cross in unexpected places. School zones and residential neighborhoods are risky too, especially when drivers speed or fail to stop for school buses and crossing guards.
• Another major danger zone is freeway on-ramps and off-ramps. Some pedestrians try to cross near these areas without realizing how fast cars are moving. In some cases, homeless individuals walking near highways are hit by vehicles. Overall, the risk of getting hit by a car is much higher in areas with poor lighting, bad road design, or a lack of safe crosswalks.

Who Can Be Held Liable for a San Diego Pedestrian Accident?

Liability for a pedestrian accident depends on who was negligent. In most cases, the driver who hit the pedestrian is at fault. Under California law, drivers must yield to pedestrians in crosswalks, whether marked or unmarked. If a driver was speeding, distracted, or driving under the influence, they can be held responsible for the accident.

However, drivers are not the only ones who may be liable. The city or a government agency could be responsible if the accident happened because of poorly designed roads, broken traffic signals, or missing crosswalks. Under California law, public entities can be sued for dangerous road conditions that they knew about and failed to fix.

If a pedestrian is hit in a parking lot, the property owner could be liable if there were unsafe conditions, like poor lighting or missing stop signs. If the accident involved a rideshare driver (Uber or Lyft), the company may also be responsible if the driver was on duty at the time. In cases where a commercial truck or delivery driver hits a pedestrian, the driver’s employer may be held liable as well.

What Laws Protect Pedestrian Accident Victims in San Diego?

California has several important laws that protect pedestrians after an accident. California Vehicle Code Section 21950 requires drivers to stop for pedestrians in crosswalks. However, pedestrians also have responsibilities under the law. California Vehicle Code Section 21954 states that if a pedestrian crosses the street outside a crosswalk, they must yield to cars unless it’s unsafe for the driver to stop.

When it comes to fault, California follows comparative negligence under California Civil Code Section 1714. This means that even if a pedestrian was partially responsible for an accident—such as crossing outside a crosswalk—they can still recover damages, but the amount may be reduced based on their level of fault.

Another key law is the California statute of limitations for personal injury cases under California Code of Civil Procedure Section 335.1. If you were injured in a pedestrian accident, you have two years from the date of the accident to file a lawsuit. If a government agency is responsible (such as for dangerous road conditions), you must file a claim within six months under California Government Code Section 911.2.

How Does a Pedestrian Accident Affect Your Life?

Many victims suffer broken bones, spinal cord injuries, traumatic brain injuries, and internal organ damage. Some people face permanent disabilities, while others need multiple surgeries, months of rehab, and ongoing medical care. Even minor injuries can cause pain and mobility issues that disrupt your daily life.

Beyond the physical pain, a pedestrian accident can take a serious emotional toll. Many victims experience post-traumatic stress disorder (PTSD), depression, and anxiety. You might feel afraid to walk near traffic or struggle with flashbacks and nightmares. This emotional trauma can affect your relationships, work performance, and overall mental health.

Financially, the costs add up fast. Medical bills can be overwhelming, and if you can’t work, lost wages make it even harder to stay afloat. Some victims can never return to their jobs or earn as much as they did before the accident. The financial stress, combined with physical pain and emotional suffering, makes recovery even more difficult.

Why Should You File an Insurance Claim or a Lawsuit After a Pedestrian Accident?

Filing an insurance claim or a lawsuit is the best way to recover the money you need after a pedestrian accident. Medical bills alone can reach tens or even hundreds of thousands of dollars, and without compensation, you could be left paying for someone else’s negligence.

Insurance companies, however, often try to pay you as little as possible. The at-fault driver’s insurance company may claim that you were partly responsible, downplay your injuries, or delay your claim. If the driver was uninsured or fled the scene, your own uninsured motorist coverage may apply, but even your own insurance company may try to offer less than you deserve.

A personal injury lawsuit may be necessary if the insurance company won’t agree to a fair settlement. Under California Code of Civil Procedure Section 335.1, you have two years from the date of the accident to file a lawsuit against the at-fault party. If a government agency is responsible for unsafe road conditions, you must file a claim within six months under California Government Code Section 911.2. A lawsuit allows you to demand full compensation for medical expenses, lost wages, pain and suffering, and other damages.

What Compensation Can You Get for a San Diego Pedestrian Accident?

If you were injured in a pedestrian accident, you may be entitled to several types of compensation. Medical expenses are one of the biggest costs, and you can recover money for hospital stays, surgeries, medication, rehabilitation, and future medical care. If your injuries prevent you from working, you can also claim lost wages and loss of future earning capacity.

Pain and suffering damages are another major part of a pedestrian accident claim. These cover the physical pain and emotional distress caused by your injuries. If you have PTSD, anxiety, depression, or chronic pain, these damages help compensate for how the accident has affected your quality of life.

In rare cases, you could be granted punitive damages. These are intended to punish the at-fault party if their actions were especially reckless, such as in a drunk driving case.

Why Should Your Family File a Wrongful Death Lawsuit if a Loved One Dies?

If a pedestrian accident leads to the death of a loved one, your family may be able to file a wrongful death lawsuit under California Code of Civil Procedure Section 377.60. This type of claim allows a surviving spouse, children, or other dependents to obtain compensation for their loss.

A wrongful death lawsuit can cover medical expenses (those that occurred prior to death), funeral costs, and the loss of financial support that the deceased would have provided. Families can also seek damages for loss of companionship, emotional distress, and the pain and suffering their loved one endured before passing away.

Losing a loved one in a pedestrian accident is devastating, and no amount of money can replace them. However, holding the responsible party accountable can provide financial stability and a sense of justice. The statute of limitations for wrongful death claims is generally two years from the date of death, but if a government entity is involved, you must file a claim within six months.

What Immediate Steps Should You Take After a San Diego Pedestrian Accident?

• After a pedestrian accident, your actions can affect your ability to recover compensation. First, call 911 and get medical help right away. Even if you feel okay, some injuries—like concussions or internal bleeding—may not be obvious at first. A medical record will also serve as important evidence for your case.
• If possible, gather evidence at the scene. Take photos of the accident site, your injuries, and any vehicle involved. Get the driver’s name, contact information, and insurance details, as well as the contact information of any witnesses. If the driver flees, try to get a description of the car and license plate number.
• Always get a copy of the police report. If officers respond to the scene, they will document what happened, which can be useful in proving fault.
• Do not speak to the driver’s insurance company before consulting a pedestrian accident attorney. Insurance companies often try to get victims to say things that could reduce their payout. Anything you say could be used against you, so let a lawyer handle the negotiations.

How Can a San Diego Pedestrian Accident Attorney Help You?

A personal injury attorney can make a huge difference in your case. They will investigate the accident, collect evidence, and build a strong claim to prove the other party’s fault. If the insurance company tries to offer you less than you deserve, your attorney will negotiate for a higher settlement.

If a fair settlement isn’t possible, your lawyer can file a lawsuit and take your case to court. They will handle all legal deadlines, paperwork, and court filings so you can focus on recovering.

Having an attorney also levels the playing field against powerful insurance companies. These companies have teams of lawyers working to protect their interests, and without legal representation, you could end up with far less compensation than you need. A pedestrian accident attorney fights for full and fair compensation, ensuring that your medical bills, lost wages, and pain and suffering are fully accounted for.

Contact San Diego Pedestrian Accident Attorney Samer Habbas

If you or a loved one has been hit by a car in San Diego, you’re likely facing serious injuries, overwhelming medical bills, and a lot of unanswered questions. The experienced personal injury attorneys at Law Offices of Samer Habbas & Associates, PC know how devastating pedestrian accidents can be, and we’re ready to fight for you. Insurance companies will try to downplay your injuries or shift the blame, but we won’t let them. You deserve justice, and we’re here to demand it. Contact Law Offices of Samer Habbas & Associates, PC by calling (949) 727-9300 or contacting us online for a free consultation with a San Diego Pedestrian Accident attorney. Let us handle the legal battle while you focus on healing.

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