Common Causes of Pedestrian Accidents in San Mateo
Why You Were Hit Decides Who Pays.
A distracted driver, an impaired one, a slick road, a neglected property: each cause points to a different responsible party. Our attorneys find out what really happened to injured San Mateo pedestrians, and pursue everyone accountable.
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Most Pedestrian Accidents Trace Back to a Driver's Choice
Pedestrians aren’t always blameless, but most accidents involving people on foot are caused by negligent drivers. A driver has a responsibility to everyone on the road, and when they break the law or stop paying attention, the person walking pays the price.
Some pedestrian injuries don’t involve a driver’s mistake alone. Bad weather, poorly kept roads, and badly managed property can all play a part. The causes we see most often include:
A driver distracted by a phone, a GPS screen, a passenger, or a crying child
Speeding and other reckless driving
Driving under the influence of alcohol or drugs
A crash between vehicles that sends a car into a median, a sidewalk, or a bystander
Poor visibility in bad weather
Road and property conditions that someone failed to fix
Every case is different, and the cause of yours shapes who is liable and what evidence we need. We start by finding it.
How to Help Pin Down the Cause
Note what the driver was doing.
Were they looking down, talking, turning to the back seat, or moving too fast? Write it down as soon as you can, in your own words.
Mention any sign of drinking or drugs.
If you smelled alcohol or the driver seemed impaired, tell the responding officer so it goes in the report.
Record the weather and light.
Rain, glare, or darkness can explain a crash, but they don’t excuse a driver who didn’t adjust. Photos help show conditions at the time.
Photograph the ground and the surroundings.
Potholes, broken pavement, missing signs, or a property hazard may point to another responsible party.
Find out if other vehicles were involved.
If you were hit after two cars collided, every driver’s insurance may be part of your claim. Get each plate and name.
Get seen by a doctor right away.
The cause matters only if your injuries are tied to the crash, and early records do that.
Who May Owe You Compensation
The negligent driver
A driver who was distracted, speeding, or impaired, or who failed to yield or drove onto a sidewalk, is liable for the harm, and their insurance is usually the first source of payment.
Other drivers in the crash
When one collision sends a vehicle into a pedestrian, more than one driver may share responsibility, and more than one policy may be available.
A government entity or property owner
If a poorly maintained road or property contributed to your injuries, the party responsible for it may share liability. Claims against a government entity generally must be filed within six months.
Your own coverage
If the driver fled or has too little insurance, your uninsured or underinsured motorist coverage typically follows you as a pedestrian.
How We Trace an Accident to Its Source
Liability means responsibility: the person or organization whose negligence caused the harm is the one who compensates you for it. So before we talk about numbers, we work out exactly why the crash happened.
For driver negligence, that means witness accounts, the police report, camera footage, and crash evidence that shows speed, distraction, or impairment. For a chain-reaction crash, it means sorting out which driver’s conduct put a car onto the sidewalk. For weather-related crashes, it means showing that a careful driver would have slowed down or turned on their lights. And where a road or property condition played a part, we look at who was responsible for maintaining it, including a local government body, and move quickly on the shorter deadlines those claims carry.
Insurers will also look at what you were doing. If they argue you were hard to see or crossed where you shouldn’t have, we test that argument against the evidence, and keep any share of blame as small as the facts allow.
How the Cause Shapes Liability
Drivers owe care to everyone on the road
A driver who breaks traffic laws, fails to yield to a pedestrian, or drives onto a sidewalk and hurts someone can be held liable for the injuries.
Weather doesn't excuse careless driving
Rain, fog, and poor visibility call for slower speeds and more attention. A driver who doesn’t adjust can still be responsible.
Pedestrians don't always have the right of way
A walker who ignores the rules, or who is very hard to see at night, may share some of the fault, and in some cases a driver who was careful may not be liable at all.
Shared fault is divided, not all-or-nothing
Under California’s pure comparative negligence rule, a pedestrian who was partly at fault can still recover, reduced by their share.
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San Mateo Pedestrian Accident Causes FAQs
What is the most common cause of pedestrian accidents?
Driver negligence. Distraction, speeding, and driving under the influence are among the most frequent causes, along with failing to yield to people on foot.
A car hit me after crashing into another car. Who is responsible?
Possibly more than one driver. When a collision between vehicles sends a car onto a sidewalk or into a bystander, each driver’s conduct is examined, and each may share liability.
Can bad weather be blamed for my accident?
Weather can contribute, but drivers are expected to adjust to it. A driver who kept going too fast in poor visibility may still be liable. If poor road maintenance made things worse, a government entity may share responsibility.
Can the city be responsible for a pedestrian accident?
Sometimes. When a road or walkway was poorly maintained and contributed to the crash, a local government body may be liable. These claims have a much shorter deadline, generally six months, so call quickly.
I was wearing dark clothes at night. Is the accident my fault?
Not necessarily. An insurer may argue you were hard to see, and in some cases that can shift fault. But drivers must watch for pedestrians, and lighting, speed, and sightline evidence often show the driver could have seen you in time.
Do I need to know the cause before I call a lawyer?
No. Finding the cause is part of our job. Tell us what you remember, and we’ll gather the evidence.
How long do I have to file?
Generally two years from the accident for a lawsuit, and six months for a claim against a government entity.
Get Your Free, Confidential Case Review, 24/7
Finding out why you were hit is the first step to making the right party pay, and the evidence is freshest now. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
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