Wear Trial Law represents people struck by vehicles while walking in Northern California. Pedestrian collisions produce disproportionately severe injuries and disproportionately unfair blame — the driver gives their account at the scene while the pedestrian is being transported, and that first version frequently shapes the report. Consultations are free.
California’s right-of-way rules
Drivers must yield to pedestrians in marked crosswalks and in unmarked crosswalks at intersections. An unmarked crosswalk exists at most intersections whether or not lines are painted, which surprises many people and many drivers.
Drivers also owe a duty of due care to every pedestrian regardless of where they are crossing, and must reduce speed or take other action as needed for safety.
Crossing outside a crosswalk is not the end of the claim
California substantially narrowed enforcement of jaywalking, and a pedestrian crossing outside a crosswalk may now be cited only in limited circumstances.
More importantly for a civil claim, California’s pure comparative fault rule means a pedestrian who was partly at fault still recovers, reduced by their share. Even where the pedestrian’s own conduct contributed, a driver who was speeding, distracted, or failed to keep a proper lookout bears their portion.
The blame problem
By the time officers arrive, a seriously injured pedestrian is often unable to give any account. The driver’s version becomes the narrative, and the report reflects it.
That is why these cases are built from independent evidence: camera footage from nearby businesses and residences, event data from the vehicle, sight-line and lighting analysis, roadway design records, and witness accounts obtained before memories fade. Footage in particular is usually overwritten within days.
Where a public entity may share responsibility
Some pedestrian collisions involve a dangerous roadway condition — inadequate lighting, obscured sight lines, a crossing with no signal where the volume plainly required one, or a known hazard the agency had notice of and did not fix.
These claims run against a city, county, or the state, and they carry short government claim deadlines. If roadway design may have contributed, that analysis needs to happen in months, not years.
Call 415-233-9688 for a free consultation.
Frequently Asked Questions
FAQ
You may still recover. California reduces rather than bars recovery.
Reports are not binding and are frequently based on one account. They can be challenged.
Your own UM coverage may apply, and it typically covers pedestrians.
Sometimes. That requires prompt evaluation given the short deadline.
Request a Free, Confidential Consultation
You Are Not Alone. Speak directly with Michael Wear in a free, confidential consultation.
Talk to Us