How pedestrian crashes happen in Oakland
A pedestrian claim follows the same basic rules as any other personal injury claim in California. A person on foot has no protection, so even a slow crash can break bones or cause a brain injury. These are the situations we see most often.
Crosswalk crashes
California drivers must yield to a pedestrian crossing in a marked crosswalk, or in an unmarked crosswalk at an intersection. The rule covers unmarked crosswalks at intersections, where no lines are painted, as well as marked ones. A driver who rolls through a stop sign, speeds up to beat a light or passes a car stopped for a pedestrian is a common cause of these crashes.
Turning vehicles
Many pedestrians are hit by a driver turning left or right across the crosswalk while watching for cars instead of people. The pedestrian often has the walk signal. Drivers who are turning still have to look for and yield to people in the crosswalk.
Rideshare and delivery drivers
Rideshare and delivery drivers spend their shifts checking an app and pulling to and from the curb. Many drive their own cars while working for a company, and which insurance applies can depend on what the driver was doing for the app at that moment. We ask for the trip and delivery records early, before they are hard to get.
AC Transit buses and city vehicles
A crash with an AC Transit bus or a City of Oakland vehicle is a claim against a public agency, and the rules are stricter. A written claim generally must be presented to the agency within six months.
Hit and run crashes
Many drivers who hit a pedestrian drive off. In the Office of Traffic Safety’s 2023 crash rankings, Oakland ranked 1st of 15 California cities of similar size for hit and run crashes, with 499 crashes that killed or injured someone (1st is the worst). Your own auto policy may still pay, as we explain below.
Walking in Oakland
The same OTS report counted 255 pedestrians killed or injured in Oakland in 2023, ranking the city 3rd of 15 in its group. For pedestrians 65 and older, Oakland ranked 2nd of 15, with 45 victims. The City of Oakland’s 2024 High Injury Network found that 8% of the city’s streets account for 60% of its severe and fatal crashes, and the city maps a separate network for pedestrian crashes.
What to do after being hit by a car
Medical care comes first. If you can, or if a family member can help, these steps protect the claim. Many match our accidente de auto advice.
Get medical care the same day
Head, back and internal injuries can take days to show. See a doctor right away and say you were hit by a car while walking.
Call the police from the scene
Call 911 and ask for a report. Write down the officer’s name and the report number, and ask how to get a copy.
Report a hit and run within 24 hours
If the driver left, report it to the police right away. An uninsured motorist claim for a hit and run generally requires a police report within 24 hours.
Get the driver’s information
Note the driver’s name, insurance and plate number, and any rideshare, delivery or transit company and vehicle number.
Keep your shoes and clothes
Do not wash or throw away what you were wearing. Damage to clothing and shoes helps show how the impact happened.
Say little to insurers
Do not give the driver’s insurer a recorded statement or sign anything until you have talked with a lawyer.
Evidence in a pedestrian case
Most pedestrian cases come down to where you were and what the driver could see.
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Video
Doorbell cameras, dash cameras, store cameras and bus cameras often catch the crash. Many systems record over old video within days, so ask early or let us send the requests.
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The scene
Photos of the crosswalk, the signal, parked cars, lighting and sight lines show what the driver should have seen.
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Witnesses
Get the names and phone numbers of anyone who stopped. A witness who saw you in the crosswalk can settle a dispute about where you were.
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Medical records
Records from the ambulance, the emergency room and every follow up visit tie your injuries to the crash. Keep every bill.
California pedestrian law, in plain terms
These are the rules that come up most often when a pedestrian is hit in the East Bay. Every case turns on its own facts, so ask us how they apply to yours.
The driver’s duty at crosswalks
A driver must yield the right of way to a pedestrian crossing within any marked crosswalk, or any unmarked crosswalk at an intersection. A driver approaching a pedestrian in a crosswalk must use all due care and slow down or take other action as needed to keep the pedestrian safe (Vehicle Code § 21950).
The pedestrian’s duty
Pedestrians must also use due care. The same law says a pedestrian may not suddenly leave the curb and walk or run into the path of a vehicle so close that it is an immediate hazard (Vehicle Code § 21950(b)). Outside a crosswalk, a pedestrian must yield to vehicles close enough to be an immediate hazard (Vehicle Code § 21954). That section also says the driver still has a duty to use due care for any pedestrian on the road. Crossing outside a crosswalk does not give a driver permission to hit you.
The 2023 change to crossing rules
Since January 1, 2023, under Assembly Bill 2147, a police officer may not stop a pedestrian for crossing outside a crosswalk unless a reasonably careful person would realize there is an immediate danger of a collision. The rule against crossing between two signal controlled intersections except in a crosswalk is still on the books (Vehicle Code § 21955). The law still requires both the pedestrian and the driver to use due care, and a ticket or no ticket does not decide the injury claim.
Shared fault
California uses pure comparative fault. If you were partly responsible, you can still recover, but your award is reduced by your share. If your damages are $200,000 and a jury finds you 25% at fault, you receive $150,000. Insurers often claim the pedestrian was distracted to push that percentage up.
Deadlines
You generally have two years from the crash to file a personal injury lawsuit in California (Code of Civil Procedure § 335.1). If a public agency is involved, for example a city vehicle, a dangerous city street or an AC Transit bus, a written claim to that agency generally must be presented within six months (Government Code § 911.2).
Hit and run and uninsured drivers
The minimum liability insurance in California is $30,000 for injury to one person, according to the DMV, and some drivers have none. Your own auto policy can help even though you were on foot. California requires auto policies to include uninsured motorist coverage unless you agreed in writing to remove or reduce it. That coverage reaches the named insured, a spouse and relatives living in the same household, whether they are in a vehicle or not, and it includes underinsured drivers (Insurance Code § 11580.2).
For a hit and run, that same law generally requires physical contact with the vehicle, a report to the police within 24 hours and a sworn statement to your insurer within 30 days. Separately, California requires a driver to send the DMV an SR-1 report within 10 days of a crash in which anyone is injured. Call us early so none of these steps are missed.
What you can recover after being hit
California law sorts damages into two groups (Civil Code § 1431.2). Economic damages are losses with a dollar figure: ambulance and emergency care, surgery, therapy, future treatment, medical equipment, lost wages and lost earning ability. Non-economic damages cover pain, suffering, emotional distress, scarring and the loss of activities you enjoyed.
We document both with medical records, your doctors’ opinions on future care and your pay records. If someone you love was killed while walking, California allows close family members to bring a wrongful death claim. Call us to talk it through.
How our fees work
The first consultation is free, and there is no fee unless we win. If you hire us, our fee comes out of what we recover for you, not out of your pocket. If there is no recovery, you owe us no fee.
Before you hire us, we go over the written fee agreement with you, including how case costs are handled. Calling costs nothing, so you can call before you know whether you have a case.
Why injured pedestrians call our Oakland office
John E. Hill opened this firm in Oakland in 1973. Six attorneys work from one office on Hegenberger Road, near the Coliseum and the airport, and you talk with the lawyer handling your case. John is a member of the American Board of Trial Advocates and a Board Certified Civil Trial Advocate (National Board of Trial Advocacy). Your consultation and your case can be handled in English or Spanish, and your call is answered day or night.
The National Board of Trial Advocacy is not affiliated with any government authority.
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Pedestrian accident questions
01I was crossing outside a crosswalk. Do I still have a case?
Possibly, yes. Drivers must use due care for any pedestrian on the road, not only those in a crosswalk. The insurer will argue you share the blame, and if some fault is put on you, California reduces your recovery rather than barring it.
02The driver who hit me drove off. What can I do?
Report it to the police within 24 hours and tell your insurer. Uninsured motorist coverage on your own policy, or on a policy of a relative you live with, may pay. A hit and run claim generally requires physical contact, that 24 hour police report and a sworn statement to the insurer within 30 days.
03I was hit by an AC Transit bus. Is the process different?
Yes. AC Transit is a public agency, so a written claim generally must be presented within six months, well before the two year deadline for most injury cases. Call us soon so the claim is filed on time.
04How long do I have to file?
Usually two years from the crash to file a lawsuit. If a city, county, transit agency or other public entity is involved, a written claim is generally due within six months. Call as soon as you can, because video and other evidence disappear long before those deadlines.
05What does it cost to hire you?
Nothing up front. The consultation is free, and if you hire us there is no fee unless we win. Our fee comes out of what we recover for you.
Another question? Call (510) 588-1000 or use our contact page.