Pedestrians are known to be the most vulnerable road users since they are met with significant risks when navigating through busy roads, crosswalks, and intersections. In areas, like the E Street at Highland Avenue and Downtown San Bernardino near the Rialto Avenue corridor, pedestrian traffic is common. With numerous individuals traveling on foot, the potential for accidents is at a high.
If such a case occurs, victims may be left with physical and emotional stress having to heal from injuries while also balancing a legal case against the at fault party. At West Coast Trial Lawyers, our San Bernardino pedestrian accident attorneys are readily available to offer a helping hand. We focus on personal injury law and have over 20 years of experience handling accidents involving pedestrians and drivers.
With a strong track record of achieving successful results, we are committed to navigate through the complexities a pedestrian accident claim may present. Our team will work diligently to investigate matters pertaining to the incident, determine whether multiple parties will share liability, and pursue fair compensation on your behalf.
We have law offices all across California, including San Bernardino. Our firm operates under a contingency-fee basis, meaning you owe us nothing unless we win your personal injury case. To book a FREE consultation, you can reach out to us by calling (213) 927-3700ย or completing our easy online contact form.
What Should I Do Immediately After a Pedestrian Accident?
If you are involved in a pedestrian accident, the first thing you should do is prioritize your safety and health. Be sure to move to a safe location, if you can, and contact 911 as soon as possible to seek medical attention. Even if you feel fine, some injuries may not be as apparent shortly after such an event, so it is important to schedule doctor visits to check for any notable concerns.
If a diagnosis is made, you will be given a personalized medical treatment plan to follow to help with your recovery process. This will all be documented and saved on file, and can be used as evidence if you plan to pursue legal action against the responsible party.
Next, you should collect as much evidence as you can. Try to get the driver’s contact, insurance, and vehicle information. If there are witnesses, you should ask for their names and phone numbers. Do not forget to take photos or video footage, including your injuries, property damage, and the surrounding conditions.
Avoid talking about the pedestrian accident as making statements can be used against you by the opposing side. Instead, you should consider consulting with a San Bernardino pedestrian accident lawyer to guide you through the legal process, protect your rights, and pursue compensation on your behalf.
Who Is Typically At Fault in a Pedestrian Accident?
Determining fault in a pedestrian accident will depend on the factors involved. In most cases, the driver is usually found liable due to the following behaviors:
- Distracted driving: Under California Vehicle Code ยง 23123 and 23123.5, people are prohibited from driving while using a wireless telephone unless it has hands-free operations, and you are not allowed to access the device for texting or typing. In June 2025, the California Court of Appeal (Sixth Appellate District) issued a landmark ruling, indicating that holding a phone for any reason when on the road, like looking at GPS directions or adjusting a music playlist, will be considered illegal, regardless of whether you are actively touching the screen.
- Reckless driving: This includes driving “in willful or wanton disregard for the safety of persons or property” on a highway or in an off-street parking facility (CVC ยง 23103).
- Speeding: According to CVC ยง 22350, no individual should drive at speeds that are greater than what is reasonable or prudent under the current conditions and circumstances presented, including weather, traffic, and visibility, where they can endanger people or property.
- Failing to yield at a crosswalk: Drivers will need to yield the right of way to pedestrians who are crossing within any marked or unmarked crosswalk at an intersection, and must exercise all due care and reduce speed to prevent a collision with pedestrians in or approaching a crosswalk (CVC ยง 21950).
- Driving while under the influence: Individuals are prohibited from controlling a vehicle if they are under the influence of alcohol, drugs, or a combination of both. They also cannot drive if they have a blood alcohol concentration (BAC) of or above 0.08% (CVC ยง 23152).
These actions can contribute to dangerous conditions that can put pedestrians at risk, and drivers are usually required to maintain a high level of caution, especially in areas where heavy foot traffic is common. However, pedestrians can also share liability in certain cases. For instance, if a pedestrian crosses the road outside of a designated crosswalk, ignores traffic signals if there is immediate danger of a collision (CVC ยง 21461.5), or abruptly steps into the pathway of an oncoming vehicle, they could be considered partially or fully at fault.
Since California follows pure comparative negligence law, responsibility can be divided between both parties. Any compensation granted may be adjusted based on the percentage of fault committed by each side. With the unique circumstances involved in a pedestrian accident case, establishing fault will require thorough investigation into surveillance footage, witness statements, and police reports.
What Happens if a Pedestrian Caused an Accident?
If a pedestrian causes an accident, legal consequences may be administered. For example, if a person steps onto the roadway outside of a crosswalk or goes against a traffic signal, it can cause an oncoming driver to swerve or strike another vehicle, property, or person nearby. In this scenario, they could be considered accountable.
Pedestrians may share liability, as previously stated. Their responsibility will be calculated, and will reduce the compensation they may otherwise be entitled to. Pedestrians can also be covered under insurance policies, including health or homeowner’s/renter’s liability coverage. However, they can still face legal consequences for causing damages if their behavior ultimately contributed to the crash.
Common Injuries in a Pedestrian Accident
Pedestrians are vulnerable to accidents due to inadequate protection, making it more likely for them to endure serious injuries. The most common injuries include the following:
- Broken bones
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
Severity will vary depending on the vehicle’s speed, the intensity of the impact, and if the pedestrian was tossed into other nearby objects.
What Are the Different Types of Pedestrian Road Accidents?
Pedestrian road accidents can occur in various ways depending on the crash itself and the environment in which it happened. The most common type is a vehicle-pedestrian accident at a crosswalk. This happens when a driver fails to yield to a pedestrian who has the right of way. Such cases usually take place at intersections with traffic signals or in areas marked with pedestrian crossings.
Another common instance involves jaywalking accidents, where a person crosses the street outside of a designated crosswalk or against traffic signals. While drivers are still required to exercise caution, pedestrians may share responsibility for the incident. It is important to note, however, that a pedestrian cannot be stopped just for crossing outside the crosswalk unless it is obviously dangerous to do so, like when a car is about to crash into you (CVC ยง 21955).
Sidewalk or driveway accidents may also happen when vehicles either enter or exit private property. In such cases, pedestrians may be struck when walking on sidewalks or crossing driveways. Similarly, parking lot accidents are another factor in which pedestrians may get hit while walking between parked cars or crossing lanes within the lot.
Hit and runs are another type of pedestrian accident, where a driver crashes into a person and flees the scene without providing assistance. These cases are dangerous, and if any delays in medical treatment occur, it can complicate legal and insurance claims. Environmental factors, like poor lighting, weather conditions, and traffic volume, can also contribute to the high probability and severity of pedestrian accidents.
What Happens if You Accidentally Hit Someone Jaywalking?
If you, as a driver, hit a pedestrian who is jaywalking, you could still share liability. This is because you are expected to exercise reasonable care in order to avoid collisions. If you were driving while distracted or under the influence, you may be met with legal consequences for your behavior and the damages you contributed to.
Under California state law, fault can be divided between the driver and pedestrian based on the level of negligence contributed to the crash. For instance, if a person was jaywalking and you were speeding, both parties may be punished. Any compensation awarded will be reduced based on percentage of fault.
Affected parties should remain at the accident scene and contact 911 for immediate medical attention. Reporting the situation to law enforcement and documenting your surroundings are important. You should also get in touch with a San Bernardino personal injury attorney to ensure your rights are protected.
When Should a Driver Yield to a Pedestrian?
Drivers are required to yield the right of way to pedestrians within any marked or unmarked crosswalk at an intersection (CVC ยง 21950(a)). In addition, under CVC ยง 21950(b), drivers must exercise due care to ensure the safety of pedestrians and to yield when needed to prevent collisions, even if the pedestrian is crossing the road unlawfully.
Drivers are also required to yield at intersections without traffic signals, at school crossings, and when a pedestrian is legally within a crosswalk. This applies regardless of whether a marked or unmarked crosswalk is presented. California law also highlights that drivers are responsible for anticipating when a pedestrian is nearby, and will need to slow down or stop if necessary to ensure no accidents occur, especially in heavy traffic areas or when met with poor visibility.
Is There a Time Limit After an Accident to Make a Claim?
In San Bernardino, you will be given a time limit of two years from the date of the pedestrian accident to submit a personal injury claim against the negligent party (CCP ยง 335.1). However, if your situation involves a government entity, you will have six months to pursue legal action. And if they do not respond to your claim within the required timeframe, you will be given two years from the date the cause of action accrued to file a lawsuit (GOV ยง 945.6).
What Types of Damages Can a Pedestrian Accident Victim Claim?
A pedestrian accident victim can be entitled economic damages and non-economic damages. Economic damagesย refer to measurable financial expenses, like medical bills and lost wages. Property damage can also be awarded if personal belongings were affected as a result of the pedestrian crash. Non-economic damages will compensate for intangible losses, such as emotional distress and loss of enjoyment of life.ย
In certain cases, if the driver’s behavior was egregious, the injured pedestrian can receive punitive damages to punish the wrongdoer and prevent similar conduct from occurring in the future. To learn what you could be eligible for, you can input the expenses you endured from the accident into our personal injury settlement calculator.
Involved in a Pedestrian Accident? West Coast Trial Lawyers Is Here to Help
West Coast Trial Lawyers is committed to help personal injury victims in San Bernardino, where many pedestrians are met with significant risks when interacting with busy streets and intersections. Our legal team will hold the responsible party accountable for causing such accidents, ensuring that the affected individuals are given the support and care needed to move forward with confidence.
To set up a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our quick online contact form.ย
San Bernardino Pedestrian Accident FAQ
How Long Does it Take to Settle a Pedestrian Accident?
Injured victims are entitled to pursue legal action to secure compensation. The time it takes to settle a pedestrian accident claim will depend on the extent of bodily harm incurred, and the willingness for the insurance companies to cooperate and meet at a common ground. Minor cases with obvious liability and limited medical care could take a few weeks or months to settle. More serious circumstances involving severe injuries or liability disputes can last anywhere from several months to years to reach an agreement.
What Age Group Has the Highest Pedestrian Fatality Rate?
The NSC’s analysis of an NHTSA report indicated that pedestrian deaths accounted for 17.9% of all fatalities in 2023. Adults between 35 and 74 years old represented the highest proportion of cases, with 35 to 44 year olds experiencing the most deaths at 1,328. Even though children ages 5 to 9 were not as involved, with 46 deaths, this still represented 17.6% of all traffic fatalities within this particular age group.
According to the NHTSA’s Non-Traffic Surveillance System, in 2021, children aged 0 to 4 had the highest number of deaths in driveways and parking lots, with the largest number of cases happening on residential driveways. Nonfatal pedestrian injuries were mostly common with adults aged 45 to 54 in commercial parking lots.
Other additional information provided by the NSC include the following:
- 83% of pedestrian deaths happened in urban areas, 76% on open roads, and 24% at intersections.
- 74% of cases took place during dark conditions.
- The highest number of pedestrian fatalities happened on Fridays (1,155), followed by Saturdays (1,150).
What if the Driver Fled the Scene?
If a driver flees the scene after hitting a pedestrian, it will be identified as a hit-and-run. This is considered a crime under CVC ยง 20001. This law requires that a driver involved in an accident resulting in bodily harm or death will need to stop immediately and provide reasonable aid to the injured pedestrian. Not meeting these legal obligations will result in felony charges, fines, and potential imprisonment.
A pedestrian can file a claim if the driver flees. Insurance companies will typically cover these types of cases under uninsured or underinsured motorist (UM/UIM) coverage. This will give the victim the opportunity to receive compensation even if the driver is unidentified or uninsured.
What if the Pedestrian Was Hit By a Rideshare Vehicle?
If a pedestrian is hit by a rideshare vehicle in San Bernardino, the situation may be handled differently compared to a regular motor vehicle accident. Uber and Lyft will have a tiered insurance policy set for their drivers. Coverage may include the following:
- $50,000 per individual/$100,000 per accident for bodily harm/$25,000 in property damage in cases where the driver is online and available for a trip.
- $1 million coverage per accident when the driver is en route or on a trip.
If a pedestrian is injured, they can file a claim against the driver’s personal auto insurance, the rideshare company’s commercial policy, or even both, depending on the circumstances involved.
How to Reduce Pedestrian Accidents?
Reducing pedestrian accidents will require certain key factors, like driver awareness and traffic safety practices. Those operating a motor vehicle can prevent collisions by avoiding distractions, obeying speed limits, and yielding to pedestrians at crosswalks and intersections. Driving while under the influence should be avoided as it is known to contribute to a large portion of pedestrian fatalities.
Pedestrians can maintain safe conditions by using marked crosswalks and obeying traffic signals. Wearing bright clothing can also help lessen the risk of a collision by improving visibility. Combining these efforts can help maintain a safe environment for road users, significantly lowering the probability of pedestrian accidents.
What Can a Pedestrian Do if There Is No Sidewalkโ?
If there is no sidewalk available, pedestrians will have to walk closely to the right-hand side of the road, facing oncoming traffic (CVC 21956). This will give them the ability to see oncoming vehicles and react when needed. It is encouraged to stay far from moving vehicles and use caution when walking near driveways, intersections, and curves as drivers may have trouble seeing you. Be sure to wear bright or reflective clothing to appear more visible, especially at night or in low-light conditions.ย
Can I Still File a Claim if I Didnโt Go to the Hospital Right Away?
You can still sue if you did not seek immediate medical attention. But, this could make it more difficult for you to prove that you sustained bodily harm as a result of the pedestrian accident. The opposing side may argue that it could have been a minor injury or that it was caused by another factor. It is always encouraged to get checked shortly after an accident as it can help create a clear connection between the situation and your injuries. Doing this will help better your opportunity to recover compensation.
