Hit by a Car in San Francisco? You Still Have a Case — Even If You Weren't in the Crosswalk.
Pedestrians have no protection when a vehicle strikes them. The injuries are often severe, the medical bills arrive fast, and the driver's insurance company starts building its defense before you've left the hospital. At Halavanau Law Office, we represent pedestrian accident victims across the San Francisco Bay Area — and we know how to go up against insurers who try to shift the blame onto the person who was hurt.
San Francisco Is One of California's Most Dangerous Cities for Pedestrians
San Francisco ranked 3rd out of 15 California cities for pedestrian injuries and fatalities in the most recent California Office of Traffic Safety data, with 572 pedestrians injured or killed in a single year. The city has a Vision Zero initiative — a stated goal to eliminate traffic deaths entirely — yet pedestrians continue to be struck at crosswalks, intersections, and mid-block every day.
Distracted driving, speeding, failure to yield, and impaired driving are the leading causes. San Francisco's density, its mix of tourists unfamiliar with local traffic patterns, and its high foot traffic in neighborhoods like SoMa, the Mission, and the Tenderloin all contribute to the risk. If you were hurt walking in this city, you are not alone — and you are not without options.
California Law Protects Pedestrians — Even Imperfect Ones
One of the most common tactics insurance adjusters use is arguing that the pedestrian was at fault — jaywalking, crossing against the light, or not paying attention. What they don't tell you is that California follows a pure comparative fault rule. That means even if you share some responsibility for the accident, you can still recover damages proportional to the driver's share of fault.
Under California law, pedestrians have the right of way in both marked and unmarked crosswalks. But even outside a crosswalk, partial fault on your part does not eliminate your claim. If a driver was speeding, distracted, or impaired, their liability doesn't disappear because you weren't standing in the exact right place. We have seen insurers use this argument to pressure injured people into accepting nothing. We know how to push back.
What Compensation Can a Pedestrian Accident Claim Cover?
When a vehicle strikes a pedestrian, the injuries are rarely minor. Broken bones, traumatic brain injuries, spinal damage, and internal injuries are common — and the financial impact compounds quickly. A successful claim can recover:
- Medical expenses, including emergency care, surgery, hospitalization, and ongoing rehabilitation
- Lost income during recovery, and reduced earning capacity if the injuries are long-term
- Pain and suffering, including physical pain and emotional distress
- Future medical costs if treatment will continue beyond the case resolution
- Wrongful death damages if a family member was killed in the accident
You do not need money to start your case. We work on a contingency fee basis — there are no legal fees unless we recover for you. Medical lien arrangements can also allow treatment to continue while your case is active, so your care doesn't have to wait on the legal process.
How We Build Your Case When Evidence Seems Thin
Many clients come to us worried that no one saw what happened, or that the police report is incomplete. That concern is understandable — but evidence exists in places most people don't think to look. Our investigation process goes well beyond the initial report.
We pull traffic camera footage from SFPD and city transportation systems, identify witnesses who may not have come forward, request the driver's phone records when distraction is a factor, and bring in accident reconstruction experts when the facts are in dispute. A police report is a starting point. What we build from it is what wins cases.
Pedestrian Accident Cases We Handle Throughout the Bay Area
We represent pedestrian accident victims across San Francisco and the broader Bay Area, including clients in San Jose, Berkeley, and San Rafael. The types of cases we handle include:
- Crosswalk accidents at marked and unmarked intersections
- Mid-block collisions and jaywalking situations where comparative fault is at issue
- Hit-and-run accidents involving uninsured motorist claims
- Accidents involving distracted, speeding, or impaired drivers
- Pedestrian fatalities and wrongful death claims brought by surviving family members
- Accidents involving rideshare vehicles, buses, or commercial trucks
If you were injured as a pedestrian anywhere in Northern California, contact us for a free case review. There is no obligation, and the call costs you nothing.
Frequently Asked Questions About Pedestrian Accident Claims in California
Can I still recover compensation if I was jaywalking when I was hit?
Yes. California's pure comparative fault rule allows you to recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault, but the driver's liability for their portion remains. Being outside a crosswalk does not eliminate your claim.How long do I have to file a pedestrian accident claim in California?
In most cases, the statute of limitations for a personal injury claim in California is two years from the date of the accident. If a government entity is involved — such as a city bus or a poorly maintained roadway — the deadline to file a government tort claim can be as short as six months. Acting promptly protects your rights.What if the driver who hit me fled the scene?
Hit-and-run accidents are handled through your own uninsured motorist coverage if you have it, or through other available insurance sources. We investigate hit-and-run cases and pursue every available avenue for recovery, including identifying the driver when possible.I don't have health insurance. How do I pay for medical care while my case is pending?
Medical lien arrangements allow you to receive treatment now, with the medical provider agreeing to be paid from your settlement at the end of the case. We work with providers who understand this process. You do not need to delay care while your case is active.How much is my pedestrian accident case worth?
Every case is different. The value depends on the severity of your injuries, your medical costs, lost income, the degree of the driver's fault, and available insurance coverage. We evaluate each case individually — we are not a high-volume settlement mill, and we do not pressure clients toward quick, low offers. We can give you a realistic assessment during your free case review.
Talk to a San Francisco Pedestrian Accident Lawyer — No Cost, No Obligation
If you or someone you love was struck by a vehicle in the Bay Area, the decisions you make in the early days of your case matter. Evidence disappears. Insurers move quickly. You deserve someone in your corner who will move just as fast. Reach out to Halavanau Law Office for a free case review — by phone, text, or through our contact form.
