Pedestrians have the right of way in California crosswalks. Most drivers know this. But every year, thousands of people are hit by cars in marked and unmarked crosswalks across San Diego, and many walk away with broken bones, head trauma, or worse.
If you were struck by a vehicle while crossing the street, the law is on your side. But that doesn’t mean the insurance company will treat you fairly. A skilled crosswalk accident lawyer can be the difference between a denied claim and full compensation for your injuries.
Here’s what you need to know.
California Vehicle Code Section 21950 is clear. Drivers must yield to pedestrians crossing within any marked crosswalk or within an unmarked crosswalk at an intersection. Drivers also have a duty to use due care for the safety of pedestrians and reduce speed when needed.
You can read the full statute through the California Legislative Information portal.
A few key points worth knowing:
San Diego is one of the busier California cities for pedestrian crashes. According to the Governors Highway Safety Association’s 2024 report, drivers struck and killed roughly 7,148 people walking in the United States in 2024. While that figure is down slightly from prior years, pedestrian deaths remain nearly 20% above 2016 levels, and California consistently ranks as one of the highest-volume states for pedestrian fatalities.
Locally, the busiest corridors for pedestrian crashes include:
These aren’t random spots. They’re places where heavy foot traffic meets distracted, speeding, or impatient drivers.
Drivers cause most pedestrian crashes through a small set of preventable behaviors:
If a driver caused your injuries through any of these behaviors, you may have a strong claim.
The driver is the obvious answer, but they’re not always the only one. Liability under California Civil Code Section 1714 requires every person to use reasonable care to avoid injuring others.
Possible liable parties include:
A thorough investigation often reveals more than one source of compensation.
A pedestrian struck by a car typically suffers far worse injuries than the driver. Recovery costs add up fast. You may be entitled to:
If a loved one died from their injuries, surviving family members may pursue a wrongful death claim under California Code of Civil Procedure Section 377.60.
This happens often. The driver’s insurance company will look for any reason to shift blame, including saying you stepped out too quickly, weren’t in a marked crosswalk, or were distracted.
California uses a pure comparative fault rule. Even if you’re found partly responsible, you can still recover damages, but your award is reduced by your share of fault. So if a jury finds you 20% responsible and your damages total $200,000, you’d recover $160,000.
Don’t accept the insurance company’s version of events. Their goal is to reduce what they pay. Your goal should be to protect what you’re actually owed.
The hours and days after a crash matter. Here’s a practical checklist:
The San Diego Police Department’s traffic division handles most crash reports within city limits.
In most pedestrian injury cases, California gives you two years from the date of the accident to file a personal injury lawsuit. If a government agency is involved (such as a city-owned vehicle or a public road defect), you may need to file an administrative claim within six months.
The California Courts website has more on these deadlines.
Waiting too long can permanently end your right to compensation.
You followed the rules. You crossed where you were supposed to. And someone hit you anyway.
The team at DP Injury Attorneys handles pedestrian injury cases throughout San Diego. We investigate the crash, deal with the insurance carriers, and fight for every dollar our clients deserve. Our work as San Diego pedestrian accident lawyers has helped clients recover meaningful results in tough cases. You can also see our case results for a sense of the outcomes we’ve helped clients reach.
There’s no fee unless we win.
Call DP Injury Attorneys today or contact us online for a free consultation. You take care of healing. We’ll handle the rest.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
