San Diego Pedestrian Accident Lawyers

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Drivers often neglect their responsibility to give the right of way to pedestrians. From failure to yield to reckless or distracted driving, negligent drivers seriously harm pedestrians every day in San Diego. At The McClellan Law Firm, we protect the rights of injured victims and their families when they have been harmed by careless drivers.

Relying on our national reputation for excellence, we help seriously injured pedestrians and their families seek compensation for emotional and physical damages.

Contact us online or call us at (619) 215-1488 to schedule a free consultation with an experienced pedestrian accident lawyer at The McClellan Law Firm.

Pedestrian Laws in California

California pedestrian laws aim to ensure the safety and orderly flow of both pedestrian and vehicular traffic. These laws emphasize the shared responsibility between pedestrians and drivers in avoiding accidents. Pedestrians are granted certain rights but also bear specific responsibilities when navigating roads and intersections.

Rights of Pedestrians

Pedestrians generally have the right of way at all marked and unmarked crosswalks, provided they exercise reasonable caution. Drivers must yield to pedestrians crossing the street at designated crosswalks, even if no traffic signal is present. At intersections with traffic signals, pedestrians must follow the designated "Walk" or "Don't Walk" indicators. California Vehicle Code Section 21950 underscores that drivers should always exercise care for pedestrian safety, even when pedestrians are jaywalking.

Responsibilities of Pedestrians

Pedestrians must follow traffic signals and avoid stepping into the path of oncoming vehicles when it is unsafe to do so. They are prohibited from crossing streets mid-block (jaywalking) in areas where crosswalks or signals are provided. In addition, pedestrians are required to use sidewalks when available; if no sidewalk exists, they should walk on the left side of the road, facing traffic. Crossing highways or freeways on foot is generally illegal unless specific exceptions apply, such as for authorized personnel or emergencies.

Driver Responsibilities

Drivers must always remain vigilant and yield to pedestrians in crosswalks, slowing down or stopping when necessary. When turning at intersections or entering driveways, drivers are obligated to ensure pedestrian safety. Even when pedestrians are crossing illegally, drivers are expected to take reasonable steps to avoid collisions.

Enforcement and Penalties

Violating pedestrian laws in California, whether as a driver or pedestrian, can lead to citations and fines. Jaywalking fines typically range from $100 to $200, while drivers who fail to yield may face higher fines and potential liability in accidents involving pedestrians.

California Pedestrian Accident Statistics

In 2015, the Los Angeles Times reported that California had the highest number of pedestrian deaths for the year before—with more than 700 pedestrians being killed in motor vehicle accidents in 2014.

California also saw one of the highest percentages of pedestrian deaths. While nationally about 14% of all motor vehicle deaths were a pedestrian, California reported that 23% of the golden state’s motor vehicle fatalities were pedestrians. Another study prepared for the Governors Highway Safety Association reported that California’s pedestrians had the highest injury vulnerability of all of its road users—even more so than bicyclists.

San Diego, in particular, has seen an extremely high rate of pedestrian accidents. According to the California Office of Traffic Safety, the city saw the following pedestrian crashes in 2013:

• 594 victims killed and injured in pedestrian accidents
• 82 victims younger than 15 killed and injured
• 73 victims older than 65 killed and injured

Common Causes of Pedestrian Accidents

Pedestrian accidents are often caused by a combination of factors involving both pedestrians and drivers. Here are some common causes:

• Distracted Driving: Use of mobile phones or other devices diverts attention from the road. Additionally, eating, adjusting controls, or interacting with passengers can also lead to negligence.
• Speeding: Drivers traveling at high speeds have less time to react to pedestrians, increasing the severity of accidents.
• Failure to Yield: Not yielding to pedestrians at crosswalks or intersections is a frequent cause of collisions.
• Driving Under the Influence: Alcohol or drugs impair a driver’s ability to perceive and respond to pedestrians.
• Ignoring Traffic Signals: Running red lights or stop signs can lead to collisions with pedestrians crossing legally.
• Poor Visibility: Accidents often occur at night or in bad weather when pedestrians are harder to see.
• Jaywalking: Crossing streets outside designated crosswalks increases the likelihood of accidents.
• Distracted Walking: Use of phones, headphones, or other distractions can prevent pedestrians from noticing oncoming traffic.
• Ignoring Traffic Signals: Crossing against a signal or not waiting for a clear path can lead to accidents.
• Sudden Movements: Unexpectedly stepping onto the road without warning can leave drivers with insufficient time to react.

Long-Term Treatment for Injured Pedestrians is Costly

When a car, truck, or commercial vehicle hits a pedestrian or bicyclist, the results are often catastrophic, if not fatal. Accident victims commonly suffer life-threatening injuries such as spinal cord injuries and amputations.

Due to the severity of the injuries sustained in pedestrian accidents, victims often face a lifetime of medical care. Long-term care needs are extremely expensive. Rehabilitation, physical therapy, numerous surgeries, and doctor's visits add up to a heavy burden for anyone injured in a pedestrian accident. Filing suit against the at-fault driver who caused the collision is essential for your future.

When you need experienced legal representation, turn to The McClellan Law Firm. Our select group of personal injury and accident attorneys is committed to fighting for the rights of pedestrian and car accident victims.

Founding Attorney Craig McClellan, who has more than 40 years of experience, was selected as a member of the Inner Circle of Advocates, an elite association of the top 100 personal injury attorneys throughout the U.S.

Why Choose Our San Diego Pedestrian Accident Lawyers?

Most importantly, your pedestrian accident lawyer will help you to prove fault, so that you can receive the compensation amount that you truly deserve. Your lawyer will be responsible for collecting strong evidence to back up your case, providing you with legal counseling to help ensure that you can thoroughly protect your rights, offering you psychological support, and so much more.

If you or someone that you care about was recently hit by a car or motorcycle, we want to help you. Contact our pedestrian accident lawyer in San Diego, and let us provide you with the fierce representation that you need. A pedestrian accident is extremely serious, and we want to make sure that you have all of the legal support, advice, and representation that you need to protect your rights and your future.

Seek Legal Guidance from The McClellan Law Firm

To learn more about our national reputation for excellence in serious accident litigation, call The McClellan Law Firm at (619) 215-1488 to schedule a free consultation with one of our San Diego pedestrian accident lawyers.