San Diego Pedestrian Accident Lawyer
You were doing nothing wrong — just walking. Now you're dealing with injuries, medical bills, and an insurance company that may already be working to limit what you recover. We represent pedestrians hit by cars throughout San Diego, and we know exactly how insurers approach these claims because Brennan Quigley spent years on their side before switching to yours.
How Pedestrian Accident Claims Work in California
Pedestrian accident cases involve more variables than most people expect. The location of the crash, the type of vehicle involved, whether a business or government entity shares responsibility — all of it affects how your claim is built and who can be held liable. Here is what those scenarios typically look like.
Crosswalk Accidents and Driver Failure to Yield
California law requires drivers to yield to pedestrians in marked and unmarked crosswalks. When a driver fails to do that, liability is usually clear — but insurers still look for ways to reduce what they pay. We document the scene, pull traffic camera footage before it disappears, and build the record that keeps the driver's insurer from shifting blame onto you.
Jaywalking and Partial Fault Situations
California follows a pure comparative negligence rule, which means you can recover compensation even if you were partially at fault for the accident. If an insurer tells you that stepping outside a marked crosswalk ends your claim, that is not the law — it is a negotiating tactic. Even if you were 50% at fault, you can still recover 50% of your damages. We know how adjusters use fault arguments to reduce payouts, and we know how to push back.
Sidewalk, Parking Lot, and Premises-Related Accidents
Not every pedestrian accident happens on a public road. Collisions in parking lots, on poorly maintained sidewalks, or in areas where a business failed to control vehicle traffic may involve premises liability alongside the driver's responsibility. In some cases, the property owner or a municipality carries partial or full liability for the conditions that made the accident possible.
Government Vehicle Accidents — A Shorter Deadline Than You Think
If you were struck by a city bus, an SDPD vehicle, a military vehicle, or any other government-operated vehicle, your claim follows a different process. Under California's Government Tort Claims Act, you must file a formal claim with the responsible government entity within six months of the incident — not the standard two-year statute of limitations that applies to most personal injury cases. Missing that window permanently bars recovery. If a government vehicle was involved, call us as soon as possible.
Injuries Pedestrians Commonly Suffer After Being Hit by a Car
The human body absorbs the full force of a vehicle collision without any structural protection. Pedestrian accident injuries are often severe, and some don't show their full extent until days after the crash.
Common injuries we see in pedestrian accident cases include:
- Traumatic brain injury (TBI) from impact with the vehicle or the ground
- Pelvic fractures and hip injuries from the point of initial contact
- Broken legs, femur fractures, and knee damage
- Spinal injuries, including herniated discs and nerve damage
- Road rash and soft tissue injuries requiring ongoing treatment
- Internal injuries that may not be immediately apparent
Thorough medical documentation from the start is critical — both for your recovery and for the value of your claim. We help clients understand what records to keep and what evaluations to pursue.
What Insurers Do After a Pedestrian Accident
Brennan Quigley spent years as a defense attorney for insurance companies before founding this firm. That background is directly relevant to how we handle pedestrian accident cases. Insurers move quickly after a crash — they record statements, assign fault percentages, and make early offers designed to close claims before the full extent of injuries is known.
The tactics are predictable: argue that the pedestrian was distracted, that they stepped outside a crosswalk, that their injuries are pre-existing, or that a lower settlement reflects the "shared fault" of the situation. We have seen these arguments from the inside. We know when they have merit and when they are simply leverage — and we build cases that take that leverage away.
What to Do After Being Hit by a Car While Walking in San Diego
The steps you take in the hours and days after a pedestrian accident directly affect your ability to recover compensation. If you are physically able, here is what matters most:
- Call 911 and make sure a police report is filed at the scene
- Photograph your injuries, the vehicle, the location, and any skid marks or road conditions
- Get the driver's name, insurance information, and license plate
- Ask nearby businesses whether they have surveillance cameras — footage is often overwritten within 24 to 72 hours
- Seek medical attention immediately, even if you feel okay
- Do not give a recorded statement to any insurance company before speaking with an attorney
We handle all of this from the first call — including reaching out to preserve surveillance footage, requesting the police report, and making sure your medical documentation supports the full value of your claim.
Frequently Asked Questions About Pedestrian Accident Claims in San Diego
We deliberately keep our caseload small so that every client works directly with Brennan Quigley, not a paralegal or junior associate. When you call with a question, you get a real answer from the attorney handling your case. That is not how most personal injury firms operate — it is how we choose to. If you were hit by a car while walking in San Diego, we are ready to help.
Frequently Asked Questions About Pedestrian Accident Claims in San Diego
What if I was in the crosswalk but the light wasn't in my favor?
You may still have a valid claim. California's pure comparative fault rule means your recovery is reduced by your percentage of fault — not eliminated. A driver who struck you while you were crossing, even against a signal, may still bear the majority of liability depending on their speed, attentiveness, and whether they had time to stop. We evaluate the full picture before drawing any conclusions about fault.Can I recover compensation if I was partly at fault for the accident?
Yes. California does not bar recovery based on partial fault. If you were found to be 30% responsible for the accident, you can still recover 70% of your total damages. Insurance adjusters often use fault arguments to justify low offers — that is not the same as a legal determination. We assess the actual evidence and fight the fault percentage assigned to you when it is not supported by the facts.What if a military or government vehicle hit me?
Claims against government entities — including the City of San Diego, SDPD, transit agencies, or the military — require filing a Government Tort Claim within six months of the incident. This is a hard deadline. Missing it will almost certainly end your ability to recover. If a government vehicle was involved in your accident, contact us immediately so we can make sure the correct claim is filed on time.How long do I have to file a pedestrian accident lawsuit in San Diego?
For accidents involving private vehicles, California's statute of limitations gives you two years from the date of injury to file a lawsuit. For accidents involving government vehicles or government-owned property, the deadline to file an initial government claim is six months. Do not wait to find out which deadline applies to your situation — contact us early.What does it cost to hire a pedestrian accident lawyer?
Nothing upfront. We handle pedestrian accident cases on a contingency fee basis, which means we only get paid if we recover compensation for you. There are no hourly fees, no retainers, and no out-of-pocket costs to get started. Your first consultation is free.
Work Directly With Brennan — Not a Case Manager
We deliberately keep our caseload small so that every client works directly with Brennan Quigley, not a paralegal or junior associate. When you call with a question, you get a real answer from the attorney handling your case. That is not how most personal injury firms operate — it is how we choose to. If you were hit by a car while walking in San Diego, we are ready to help.


