Pedestrian Accident Attorney San Francisco
Aggressive representation for pedestrians injured by negligent drivers in the Bay Area
San Francisco Pedestrian Accident Attorney Protecting Your Rights
Pedestrian accidents are among the most devastating types of collisions on San Francisco streets. Unlike occupants of vehicles, pedestrians have absolutely no protection — no seatbelts, no airbags, no steel frame. When a vehicle strikes a pedestrian, the injuries are almost always severe and often life-threatening. If you or a loved one was hit by a vehicle while walking, Attorney Michael Martinovsky is here to fight for the full compensation you deserve.
Types of Pedestrian Accidents We Handle
Our firm represents pedestrians injured in all types of scenarios throughout San Francisco and the Bay Area:
- Crosswalk accidents — drivers failing to yield to pedestrians in marked or unmarked crosswalks
- Intersection collisions — vehicles turning left or right without checking for pedestrians
- Parking lot accidents — drivers backing up or driving through lots without watching for pedestrians
- Jaywalking incidents — even pedestrians crossing outside a crosswalk can recover damages under California’s comparative negligence system
- Distracted driver accidents — texting, phone use, or other distractions causing a driver to strike a pedestrian
- Speeding-related pedestrian strikes — excessive speed reducing a driver’s ability to stop
California Pedestrian Right of Way Laws
Under California Vehicle Code Section 21950, drivers must yield the right of way to any pedestrian crossing the roadway within a marked crosswalk or an unmarked crosswalk at an intersection. Drivers must also exercise due care for the safety of any pedestrian on the roadway, regardless of whether the pedestrian is in a crosswalk.
This means that even if you were not in a crosswalk when you were struck, the driver may still bear significant liability. California’s comparative negligence system allows you to recover compensation reduced by your percentage of fault. If you were 15% at fault, you can still recover 85% of your total damages.
Common Causes of Pedestrian Accidents
The leading causes of pedestrian accidents in the San Francisco Bay Area include:
- Distracted driving — the number one cause of pedestrian accidents, including texting, phone calls, eating, and GPS use
- Speeding — higher speeds mean longer stopping distances and more severe impacts
- Failure to yield — drivers ignoring crosswalks, traffic signals, and pedestrian right of way
- Impaired driving — alcohol and drug use impairing a driver’s ability to see and react to pedestrians
- Poor visibility — nighttime driving, weather conditions, and obstructed views
- Aggressive driving — running red lights, rolling through stop signs, and reckless lane changes
Severe Injuries in Pedestrian Accidents
Because pedestrians have no physical protection, the injuries sustained in pedestrian accidents are typically far more severe than in vehicle-to-vehicle collisions. Common injuries include:
- Traumatic brain injuries (TBI) — from the impact with the vehicle or hitting the pavement
- Broken bones and fractures — legs, hips, pelvis, arms, ribs, and facial bones
- Spinal cord injuries — potentially resulting in partial or complete paralysis
- Internal injuries — damage to organs from blunt force trauma
- Severe lacerations and road rash — requiring surgery and leaving permanent scarring
- Wrongful death — fatal injuries in the most tragic cases
The severity of these injuries means that pedestrian accident cases typically involve higher damages, including extensive medical bills, long-term rehabilitation, lost wages, and significant pain and suffering.
Higher Damages in Pedestrian Cases
Due to the severity of injuries pedestrians suffer, these cases often result in substantially higher compensation than typical vehicle collision cases. Your damages may include:
- Emergency room visits, surgeries, and hospitalization
- Ongoing physical therapy and rehabilitation
- Future medical care and assisted living needs
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress and psychological trauma
- Loss of enjoyment of life
Why Choose Attorney Martinovsky for Your Pedestrian Accident Case
Attorney Michael Martinovsky provides dedicated, personal representation for every pedestrian accident client. With degrees from UC Berkeley and the University of Iowa College of Law (a top 20 law school), he has the legal knowledge and courtroom experience to fight insurance companies and negligent drivers. He handles all cases on a contingency fee basis — you pay nothing unless he wins your case. He is trilingual in English, Spanish, and Russian, ensuring that language is never a barrier to receiving quality legal representation.
Frequently Asked Questions About Pedestrian Accidents
Can I recover compensation if I was jaywalking when hit by a car in California?
Yes. California follows a comparative negligence system, meaning you can still recover compensation even if you were partially at fault, such as jaywalking. Your total damages would be reduced by your percentage of fault. A driver still has a duty to exercise due care to avoid hitting pedestrians regardless of where they are crossing.
What types of injuries are most common in pedestrian accidents?
Pedestrian accidents tend to cause severe injuries because pedestrians have no protection against a vehicle. Common injuries include traumatic brain injuries (TBI), broken bones and fractures, spinal cord injuries, internal organ damage, severe lacerations, and in the worst cases, fatal injuries. These injuries often require extensive medical treatment, surgeries, rehabilitation, and long-term care.
What should I do immediately after being hit by a car as a pedestrian?
Call 911 immediately and seek medical attention, even if injuries seem minor. Document the scene with photos if possible, including the vehicle, your injuries, traffic signals, and road conditions. Get the driver’s information and insurance details. Collect contact information from any witnesses. Do not give a recorded statement to any insurance company before speaking with an attorney.
Do pedestrians always have the right of way in California?
Under California Vehicle Code 21950, drivers must yield the right of way to pedestrians crossing within any marked or unmarked crosswalk at an intersection. However, pedestrians also have duties — they should not suddenly leave a curb and walk into the path of a vehicle that is so close as to constitute an immediate hazard. Even when a pedestrian does not have the right of way, drivers must still exercise due care to avoid hitting them.
How much compensation can I receive for a pedestrian accident in San Francisco?
Pedestrian accident cases typically result in higher compensation due to the severity of injuries. Compensation may include medical bills (current and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. There is no cap on personal injury damages in California. The exact amount depends on the severity of your injuries, the impact on your life, and the strength of the evidence.
Areas We Serve
Attorney Martinovsky represents auto collision victims throughout the San Francisco Bay Area, including San Francisco, Oakland, San Jose, Berkeley, Daly City, Fremont, Hayward, Richmond, Concord, and Walnut Creek. View all areas served →
Injured as a Pedestrian? Get the Compensation You Deserve.
Contact Attorney Martinovsky today for a free, no-obligation consultation.