Being hit by a car while you’re walking in San Diego—whether in a crosswalk, along the shoulder, or in a parking lot—can change everything in an instant. One moment you’re crossing the street or walking to your car; the next, you’re dealing with serious injuries, medical appointments, and insurance questions about who is responsible. At Hulburt Law Firm, we represent pedestrians and families in serious injury and wrongful death cases across San Diego County.
Types of pedestrian accident cases we handle:
Throughout your pedestrian accident case, we keep you informed, answer your questions, and explain each step in clear terms. Because we limit the number of serious injury and wrongful death matters we accept, we’re able to dig deeply into the details of each crash—reviewing police reports, scene photos, traffic-camera and business-camera footage, vehicle data, and road-design or crosswalk issues.
Pedestrian cases often involve more than just the driver: an employer, vehicle owner, public entity, or property owner may also share responsibility. We investigate all potential defendants and insurance policies, including uninsured/underinsured motorist coverage when the at-fault driver has minimum limits or flees the scene. With Hulburt Law Firm handling the evidence, insurance negotiations, and deadlines—especially in cases involving government-claim requirements—you can focus on your medical recovery and your day-to-day life.
If you or a loved one has been injured as a pedestrian in or around San Diego, we invite you to contact us for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
Jury verdict against Caltrans for a 13-year-old boy who was hit by a car while using a dangerous crosswalk.
A San Diego tour bus struck a man while he was crossing N. Harbor Drive in a marked crosswalk, causing serious injuries.
A San Diego tour bus struck and killed a woman while she was lawfully using the crosswalk in Mission Hills.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
A massive, improperly installed gate collapsed on a sub-contracted worker who was asked by the general contractor to paint it, causing his tragic death.
A concrete block wall wasn't properly supported and fell on a construction worker in El Cajon, killing him.
A residential care facility in San Diego County allowed a disabled adult resident to wander out of the facility undetected in the early morning. The resident was then hit by a car while crossing a street.
Attorney Conor Hulburt discovered that the facility had stopped putting batteries in their door alarm system, which was designed to alert them to residents leaving. The business responsible for running the facility also understaffed the night shift. This evidence, along with compelling deposition testimony from facility staff and management, demonstrated that the tragic car accident was easily avoidable.
The residential care facility entered into a confidential settlement that will help the client and his family for years to come.
If you or a loved one was injured because a care facility, business, or property owner failed to keep them safe, you don’t have to shoulder it alone — contact Hulburt Law Firm for a free, confidential case review to discuss your options after a pedestrian or premises-related accident in San Diego County.
During your free case review, we talk through where and how you were hit—whether in a crosswalk, at an intersection, along the shoulder, in a parking lot, or on a sidewalk—and what injuries you’re dealing with. We review any information you already have, such as police reports, photos, medical records, or insurance letters, and give an honest assessment of whether a pedestrian accident claim makes sense under California law. The conversation is confidential and there’s no obligation to move forward.
If you decide to work with us and the scope of representation is signed, we begin a focused investigation into the crash. That can include visiting and photographing the scene, documenting sight lines and lighting, obtaining police or CHP reports, and interviewing witnesses and first responders. We also move quickly to locate and preserve any traffic-camera, dash-cam, business-camera, or home-camera footage before it’s overwritten, as well as data from the vehicle if available.
Next, we bring in the right experts for your case. In pedestrian matters, that often includes accident reconstructionists who can analyze vehicle speed, stopping distance, and where in the roadway the impact occurred, as well as medical specialists, life-care planners, and economists. Together, they help us explain how and why the collision happened, the full extent of your injuries, and what you’re likely to face in terms of future treatment, work limitations, and daily life changes.
Pedestrian crashes often involve more than just a driver and a single insurance policy. We identify all potentially responsible parties—such as the driver, a vehicle owner, an employer if the driver was working, a rideshare or delivery company, or, in some cases, a public entity responsible for a dangerous crosswalk or roadway. At the same time, we review all available insurance coverage, including the at-fault driver’s liability policy and your own uninsured/underinsured motorist (UM/UIM) coverage, to help ensure no potential source of recovery is overlooked.
Using the evidence and expert input, we build a clear picture of what the collision has taken from you—medical expenses, lost income, future care needs, pain, limitations, and the impact on your daily activities and relationships. We then handle communications and negotiations with the insurance companies and defense lawyers so you don’t have to. We push back when insurers try to blame you for simply walking outside a crosswalk, “coming out of nowhere,” or wearing certain clothing, and we keep you updated on all offers and options throughout the process.
If the insurance companies are not willing to resolve your case fairly, we are prepared to file a lawsuit and, if necessary, take your case to trial. Litigation can involve written discovery, depositions of the driver, witnesses, company representatives, and experts, and motion practice. At trial, we work to tell your story—using crosswalk and right-of-way laws, scene diagrams, photos, video, medical testimony, and your own testimony—to show how the crash happened, why the defendants are responsible, and what the incident has meant for you and your family.
California pedestrian accident cases are governed by general personal-injury rules—fault, negligence, damages, and strict deadlines—as well as specific right-of-way and government-claim rules. Here is a brief overview of how the law treats pedestrians in crosswalks and on or near the roadway.
California law gives pedestrians strong protections, especially at intersections and crosswalks:
In practical terms, that means:
Key California Vehicle Code sections that protect pedestrians include rules requiring drivers to yield in marked and unmarked crosswalks, use due care to avoid hitting pedestrians, obey speed limits, and exercise extra caution around children, seniors, and people using canes or wheelchairs.
California is an at-fault state. In most pedestrian accident cases, the person or entity whose negligence caused the collision is legally responsible for the harm. Negligence can include:
California also follows pure comparative negligence. That means a pedestrian can usually seek compensation even if they are found partly at fault for the crash. Any award is reduced by their percentage of fault—for example, someone found 25% at fault could still recover 75% of their damages.
Insurance companies often rely heavily on comparative negligence arguments in pedestrian cases—claiming the person “came out of nowhere,” wore dark clothing, or was outside a crosswalk—to reduce what they pay. Careful investigation and evidence (photos, video, witness statements, reconstruction) can be critical to a fair assessment of fault.
Responsibility for a pedestrian crash often extends beyond just the individual driver. Depending on the facts, potentially liable parties can include:
Identifying all potentially responsible parties and insurance policies is a key part of many serious pedestrian cases.
The compensation available depends on the injuries, their impact on the person’s life, and the strength of the liability evidence. In many pedestrian cases, recoverable damages include:
Economic damages
Non-economic damages
If the collision results in death, surviving family members may bring wrongful death and related survival claims, which have their own rules about who may file and what can be recovered. In rare cases involving especially egregious conduct—like extreme recklessness or intentional harm—punitive damages may be available under California law, but they are the exception, not the rule.
Many pedestrian crashes are preventable and stem from one or more unsafe choices or conditions, such as:
A thorough investigation looks not only at what the pedestrian did, but also at driver behavior, roadway design, and environmental conditions.
California law sets strict statutes of limitations—deadlines for filing lawsuits. Missing a deadline usually means losing the right to pursue the claim in court.
In many pedestrian accident cases:
If a government entity (such as a city or county responsible for a crosswalk, roadway, or sidewalk) may be at fault, additional rules under the Government Claims Act apply:
There are limited exceptions (for example, involving minors or certain delayed-discovery situations), but these rules are technical and strictly enforced. Because of this, people injured in pedestrian crashes in or around San Diego are usually well-served by speaking with an attorney as soon as reasonably possible to determine which deadlines apply in their situation.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
Your safety comes first. If you can, move out of traffic, call 911, and accept medical care at the scene. Even if you feel “okay,” consider getting checked by a doctor soon after—some serious injuries (including head, spine, and internal injuries) don’t show symptoms right away.
If you’re able, try to:
Before giving a detailed recorded statement or signing anything for an insurer, it can be helpful to talk with a pedestrian accident attorney about your rights and options.
You may have a claim if someone else’s carelessness was a substantial factor in causing the collision and your injuries. Examples include a driver who:
If you needed medical treatment, missed work, or your daily life has been disrupted, those are signs it may be worth exploring a case.
You’re not required to hire a lawyer, but serious pedestrian crashes often involve complex questions about right of way, comparative fault, insurance coverage, and (sometimes) claims against public entities. A lawyer can investigate the crash, preserve video and other evidence, deal with insurers, and explain your options so you can focus on healing.
Useful evidence often includes:
In pedestrian cases, details like lighting, sight lines, signal timing, and vehicle stopping distance can be important. Because video and other evidence can be overwritten or lost quickly, it’s important to act promptly to preserve it.
The most obvious defendant is usually the driver, but responsibility can extend beyond a single person. Depending on the facts, potentially responsible parties may include:
Identifying all potentially liable parties and insurance policies is a key step in many serious pedestrian cases.
The compensation available depends on your injuries, how the crash happened, and what insurance is available. In many pedestrian cases, injured people may pursue:
Economic damages
Non-economic damages
If a loved one is killed, surviving family members may have wrongful death and related survival claims, which have their own rules and categories of damages. In rare cases involving especially egregious conduct, punitive damages may also be available under California law.
Possibly. Being outside a marked crosswalk—or crossing mid-block—doesn’t automatically prevent you from bringing a claim. California uses comparative negligence, which means fault can be shared between the pedestrian and the driver.
A court or jury will look at things like:
Even if you’re found partly at fault, you may still recover compensation, reduced by your percentage of responsibility.
Often, yes. Under California’s pure comparative negligence system, you can usually pursue compensation even if you share some responsibility for the collision. Any recovery is reduced by your percentage of fault.
For example, if your total damages are valued at $200,000 and you’re found 25% at fault, your potential recovery could be reduced to $150,000. Insurance companies may try to place more blame on pedestrians to minimize what they pay, so careful investigation and advocacy can be important.
If the at-fault driver has no insurance, very little insurance, or flees the scene, it doesn’t necessarily mean you’re out of options. Depending on the circumstances, it may be possible to:
UM/UIM coverage under your auto policy can sometimes help cover your injuries even though you were walking at the time. A lawyer can review the policies involved and help identify all potential sources of recovery.
Most premises and auto injury cases do not result in immediate payments of medical bills while the case is ongoing. Instead, bills may be paid by:
At the end of the case, some insurers and lien-based providers may assert a right to be reimbursed from your recovery. Handling and, when possible, negotiating these liens is an important part of many pedestrian accident cases.
California law sets strict statutes of limitations—deadlines for filing lawsuits. In many pedestrian accident cases:
If a government entity (such as a city or county responsible for a crosswalk, roadway, or sidewalk) may be at fault, shorter deadlines apply. In those situations, a written government claim often must be filed within six months of the incident, with additional deadlines after the claim is accepted or rejected.
Because missing a deadline can completely bar a claim, it’s wise to get legal advice as soon as reasonably possible after a serious pedestrian accident.
California drivers are required to carry minimum liability insurance. As of recent changes in the law, the basic minimum auto liability limits are:
These are minimum legal limits, not caps on what an injured person may claim. Many drivers carry only the minimum; others carry higher limits or umbrella coverage. In serious pedestrian cases, it’s important to identify all potentially applicable policies, including the driver’s coverage, any employer or commercial policies, and your own UM/UIM coverage.
Every case is different, but many follow a similar general path:
Some cases resolve within several months once your medical picture is clearer and liability is reasonably established. Others—especially those involving serious injuries, multiple defendants, or public entities—can take longer and may require going to court. A lawyer can give you a more tailored sense of timing after learning the details of your situation.
Because pedestrians have little protection against a moving vehicle, injuries are often serious and can affect multiple parts of the body. Even at lower speeds, being struck by a car, truck, or bus can lead to long-term medical issues and time away from work.
Common injuries in pedestrian accidents include:
Because some injuries are not immediately apparent, it’s important to get checked by a medical professional after a pedestrian accident, even if you feel only “shaken up” at first.
Losing a family member because a driver or another party failed to act safely is devastating, and it’s completely normal to feel overwhelmed and unsure where to start. In California, certain family members may be able to bring wrongful death and related survival claims after a fatal pedestrian crash.
A wrongful death claim focuses on the harm to the family. It can seek compensation for things like the loss of your loved one’s financial support, the value of household services they provided, and the loss of their love, companionship, guidance, and care, as well as funeral and burial expenses. A related survival claim is brought on behalf of your loved one’s estate for harms they personally suffered before death, which may include medical bills, property damage, and, under current law, pre-death pain and suffering and, in some cases, punitive damages.
These cases can be legally complex—especially when multiple drivers, employers, public entities (for dangerous crosswalks or roadways), or vehicle manufacturers are involved—and they also have strict deadlines that can be shorter when a government entity is part of the case. A wrongful death attorney experienced with pedestrian cases can help your family understand who may be able to file, what types of claims may be available, and what the process is likely to look like, so you don’t have to navigate it alone.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.