Choosing a Pedestrian Accident Lawyer in California

No single lawyer is the right fit for every pedestrian injury case. The better question is which lawyer fits the facts, injuries, and deadlines of your own situation. This page explains how California law treats pedestrian claims, what official crash data shows, what to check in a pedestrian accident lawyer, and how timing and fees work. It is general information, not advice about any particular claim. Colvin Accident Lawyers is based in Bakersfield, California, and handles pedestrian injury claims among other accident matters.

Why no single lawyer fits every pedestrian case

No lawyer can be shown to be the right fit for every pedestrian case, so fit matters more than a label. Pedestrian claims vary a lot. A crash in a marked crosswalk, a hit on a dark road, and a bus stop injury raise different questions. Each claim turns on who was at fault, what injuries resulted, and who may be responsible. The sections below cover the California rules, crash data, lawyer qualities worth checking, deadlines, and fee terms. For a broader view of the firm’s car and pedestrian-related work, see the car accident lawyer overview.

What makes a pedestrian claim different under California law

Drivers must yield to pedestrians in crosswalks, but right-of-way doesn’t settle who was at fault. Under Vehicle Code § 21950, a driver must yield to a pedestrian crossing within a marked crosswalk, or an unmarked crosswalk at an intersection. The same section says a pedestrian must still use due care. No pedestrian may suddenly step off a curb into the path of a vehicle that is an immediate hazard. Both duties can be argued, so fault is often disputed.

Under Civil Code § 1431.2, each defendant’s share of non-economic damages, such as pain and suffering, follows its percentage of fault. Economic losses like medical bills and lost earnings are defined separately. Pedestrian claims can involve drivers, delivery companies, bus operators, property owners, or public agencies. Each one raises its own questions.

Where and when do pedestrian collisions happen in California?

Caltrans publishes annual collision data that sorts crashes into official categories, including pedestrian crashes. The Caltrans annual collision data includes Kern County and highway-related statistics. Its categories include fatal and injury crashes, pedestrian and bicycle crashes, time of day, crash type, and primary crash factor. Those categories show how official reports classify these crashes.

Distraction is one factor the law addresses directly. Under Vehicle Code § 23123.5, a person may not drive while holding and operating a handheld wireless phone. Cal. Veh. Code § 23123.5 reads: “(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.” The phone must be designed for hands-free use and used that way. Cal. Veh. Code § 23123.5 reads: “(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.” Crash scene video, signal timing records, and vehicle data can be overwritten or lost over time. Early requests for that evidence matter.

How Colvin Accident Lawyers Can Help After a Pedestrian Accident

Contact Colvin Accident Lawyers to talk through your pedestrian accident and ask how we would handle each step of your case. Useful questions include:

• Related work: Does the lawyer handle pedestrian, catastrophic injury, and wrongful death matters, and how are those cases handled?
• Early evidence: Who investigates the scene, obtains the police report, and preserves video and vehicle data?
• Communication: Who will you speak with, and how often will you get case updates?
• Local practice: How does the lawyer’s office handle cases filed in Kern County?

How a claim proceeds depends on its facts, and results in other cases will differ based on their own facts.

How long do you have to act after a pedestrian crash?

For most California injury claims, the general deadline is two years. Claims against public agencies can run on a much shorter clock. Under Code of Civil Procedure § 335.1, an action for injury to an individual caused by another’s wrongful act or neglect must be brought within two years. That same two-year rule covers actions for death caused by a wrongful act.

A public agency, such as a city, county, or transit agency, may need a claim first. Under Government Code § 911.2, a claim for death or personal injury must be presented not later than six months after the cause of action accrues. Other claims against a public entity have a one-year presentation period. Missing an early deadline can limit your options, so timing belongs near the top of any evaluation.

What should you be careful with in the first weeks after a crash?

Keep your records complete and think carefully before giving any recorded statement. Insurers may ask for one early. What you say can be used later, even if you were confused or hurt when you said it.

Keep a file with medical visits, prescriptions, missed work, mileage, and out-of-pocket costs. Save photos of your injuries and the scene if you can. For guidance on early statements, read the early statements guide. Stick to facts. Avoid guessing about speed, distance, or fault.

How do fees and costs work in a pedestrian injury claim?

An attorney who contracts to represent a client on a contingency fee basis must provide a written contract that states the agreed fee rate and explains how disbursements and costs affect the fee and the client’s recovery. Under Business and Professions Code § 6147, a contingency fee contract must be in writing and signed by both attorney and client. It must state the agreed fee rate. It must also explain how disbursements and costs affect the fee and the client’s recovery.

For claims not covered by a set rate, the contract must say the fee is not set by law and is negotiable. The statute also makes a non-compliant agreement voidable at the client’s option. Medical liens and other payment claims can reduce what reaches the client. Ask for a clear written breakdown before you sign, and ask about anything unclear.

When does a pedestrian crash become a wrongful death or catastrophic injury claim?

A crash becomes a wrongful death claim when it causes a death. Severe, long-lasting injuries, such as brain injury, spinal injury, or amputation, raise catastrophic injury questions. Under Code of Civil Procedure § 377.60, a wrongful death claim may be brought by the decedent’s surviving spouse, domestic partner, or children, along with certain other people. These include dependent parents and, under specified conditions, a minor who lived in the decedent’s household.

Damages are limited by statute. Under Code of Civil Procedure § 377.34, a decedent’s personal representative may recover losses the decedent sustained before death. Those losses do not include pain, suffering, or disfigurement, unless the case was granted a trial preference before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026. Catastrophic injury cases often involve long-term medical care and ongoing needs, so detailed records matter.

Talking with Colvin Accident Lawyers about your pedestrian injury

Colvin Accident Lawyers can talk through the facts of your pedestrian crash with you, whether you were hurt or you are helping someone who was.

Quick answers

Under Vehicle Code § 21950, the driver of a vehicle must yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in that chapter, and a pedestrian still has a duty to use due care for their safety. Cal. Veh. Code § 21950 reads: “(e) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.”

If someone you love was struck while crossing the street, or you were hurt and aren’t sure what comes next, you don’t have to face it alone. Colvin Accident Lawyers, based in Bakersfield, offers a free first consultation. It is confidential and carries no obligation to continue. Contact Colvin Accident Lawyers to talk through your situation. Donald Norman Colvin is the lawyer responsible for this site.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site.