San Mateo Pedestrian Accident Lawyer
You Were on Foot. The Driver Had Every Advantage. Now You Do.
A driver walks away from a pedestrian crash with a dented bumper; the person on foot can be left with life-threatening injuries. Our San Mateo pedestrian accident attorneys prove the driver’s negligence and pursue the full cost of your recovery.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
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Fault May Look Obvious. The Insurer Won't See It That Way.
When a car hits someone crossing the street, most people assume the driver’s insurer will simply pay. It rarely works that way. The driver may tell a different story about what happened, and the insurance company’s first priority is to shift some of the blame onto you: you stepped out too fast, you weren’t in the crosswalk, you should have seen the car coming. Every percentage point of blame it can pin on you is money it keeps.
A pedestrian has no protection at all against a moving vehicle. Broken bones, head and spinal injuries, and internal injuries are common, and the medical bills start arriving long before any settlement does.
You may have a pedestrian accident claim if:
A driver hit you in a crosswalk, at an intersection, or while you were crossing elsewhere
The driver was speeding, impaired, distracted, or failed to yield or stop
You were hit in a parking lot, driveway, or on other private property
You were hurt, even if your injuries seemed minor at first
The driver had no insurance, or not enough
You don’t have to sort this out alone. The consultation is free, and you pay nothing unless we win.
After a Pedestrian Accident in San Mateo: Six Steps That Protect You
Call 911 and ask for a police report.
An official record made at the scene is hard for the driver to walk back later.
Take the ambulance or see a doctor the same day.
Injuries to the head, spine, and internal organs can hide behind adrenaline, and pedestrian injuries often get worse over time.
Pin down exactly where you were.
Photograph the crosswalk or crossing point, the signals and signs, the lighting, and where the car came to rest. Where you were standing becomes the center of the fault argument.
Find the people who saw it.
Get names and numbers of witnesses, and note homes and businesses with cameras that may have recorded the crash.
Check your own auto policy.
If the driver was uninsured or underinsured, your own uninsured motorist coverage may pay, even though you were on foot.
Let us talk to the insurer.
Don’t give a recorded statement about where you were looking or how fast you were walking, and don’t sign anything until we’ve reviewed your case.
How We Prove the Driver Was Negligent
Winning a pedestrian claim means proving four things: the driver owed you a duty of care, the driver failed to meet it, that failure caused the collision, and you suffered real losses as a result. We build the evidence for each one.
The duty and the breach. Every motorist has a legal duty to drive reasonably and safely. Speeding, driving under the influence, failing to yield, and failing to stop where required all break that duty. We establish what the driver did with the police report, witness statements, camera footage, and the physical evidence at the scene.
Causation and damages. We connect your injuries to the crash with your medical records from the first visit onward, and we document every loss: treatment, missed work, and the physical and emotional toll.
The demand. A complete investigation ends in a detailed demand to the insurer, backed by that evidence, so nothing slips through the cracks. If the insurer won’t pay fairly, we prepare your case for trial.
Where the Money Comes From After a Pedestrian Crash
A settlement or court award can include economic damages such as ambulance and hospital bills, physical therapy, and lost wages, and non-economic damages such as pain, psychological anguish, and lost enjoyment of life. Several sources may pay:
The driver's liability insurance
The main source in most cases, when the driver’s negligence caused the crash.
Your own uninsured motorist coverage
If the driver had no insurance, your own policy may compensate you, even though you were walking at the time.
A property owner or other responsible party
When the crash happened on private property, such as a parking lot or driveway, someone besides the driver may share responsibility.
Punitive damages
In some cases where the driver’s conduct was especially egregious, such as driving drunk, the court can award damages meant to punish and deter.
California Pedestrian Law in Plain Terms
Drivers carry the duty of care
All motorists must operate their vehicles reasonably and safely to avoid injuring others. A driver who acts carelessly or recklessly and hurts a pedestrian can be held accountable for the physical, emotional, and financial losses.
Outside the crosswalk isn't the end of your claim
A driver who was speeding, driving recklessly, or breaking traffic laws may still be at fault even if you weren’t in a marked crosswalk.
Partial blame reduces your recovery; it doesn't erase it
California follows pure comparative negligence. If a pedestrian is found partly responsible, the compensation is reduced by that share, not eliminated.
Two years to file, and less against a government entity
Pedestrian injury lawsuits generally must be filed within two years of the accident. Claims against a government entity can require a claim within just six months.
Protect the Value of Your Pedestrian Claim
Pedestrian injuries often look less serious in the first days than they turn out to be. Your claim is only as strong as the record of your recovery, and California law expects you to follow your doctors’ advice and attend your therapy. Gaps in treatment become the insurer’s argument that you weren’t really hurt, or that you made your injuries worse.
A few habits make the difference:
- Keep an injury journal. Pain, sleep, mobility, missed work, and the walks, errands, and outings you’ve given up.
- Save every bill and receipt. Ambulance, hospital, therapy, medication, and the rides you now need to get to appointments.
- Stay off social media about the accident. A single photo can be used to argue you’re fine.
- Route every insurer contact through us. Adjusters want your guesses about distance, speed, and timing on the record.
We coordinate with your medical providers so billing can wait until your case settles.
Adjusters offer more when they know a firm can prove its case — and take it to trial. Recent recoveries for our clients:
$1,325,000
Fremont pedestrian crash
Struck by a school district vehicle
$485,000
San Jose pedestrian crash
Foot fracture surgery
$465,000
San Mateo crosswalk crash
Rib fractures, rotator cuff tear
$450,000
Santa Clara pedestrian crash
Struck by a delivery app driver
$416,804
San Francisco pedestrian crash
Shoulder and elbow fractures, surgery
Past results do not guarantee future outcomes. Every case is different.
See More Case Results →What Our Clients Say
I honestly recommend contacting the firm and working with Jimin. She was direct, very efficient, and professional. My case moved fast and to our favor. Jimin and her team were…
Ngan T.
As this was my first time being in a car accident, I was distraught and did not have much knowledge regarding legal fairs such as what attorney would best suit…
Jena J.
I really needed a attorney when I got involved in a very strange car accident. Many other law office refused because 2 big insurance companies were against to me so…
Shee Suh
Your San Mateo Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident, so she knows how one careless driver can upend a family. Every pedestrian client gets an attorney, a case manager, and a treatment coordinator, so your medical care and your claim move forward together. San Mateo cases are handled from our San Jose office at 1253 Park Ave.
San Mateo Pedestrian Accident FAQs
The driver who hit me was uninsured. Can I still file a claim?
Yes. If you carry uninsured motorist coverage on your own auto policy, you may be able to claim compensation through your own insurer, even though you were on foot when you were hit.
I was crossing outside a crosswalk. Do I still have a case?
Possibly. Even when a pedestrian is outside a designated crosswalk, the driver may still be at fault if they were driving recklessly or breaking traffic laws. And under California’s comparative negligence rule, any share of blame assigned to you reduces your compensation rather than eliminating it.
The driver says the accident was my fault. What now?
Don’t argue with them, and don’t debate it with their insurer. Evidence settles fault: eyewitness statements, camera footage, and the police report. We gather it quickly, before footage is erased and witnesses become hard to find.
My injuries seemed minor. Do I need a lawyer?
It’s worth a free conversation. Injuries from a pedestrian accident can worsen over time, and the costs add up quickly. Once you settle, you can’t reopen the claim if your condition turns out to be more serious.
I was hit in a parking lot. Can I still make a claim?
Yes. Accidents on private property can involve additional parties: the property owner or another party may share responsibility along with the driver. We look at everyone who may be liable.
What injuries are common in pedestrian accidents?
Pedestrians often suffer severe injuries, including broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, and soft tissue damage. Many require surgery and long rehabilitation.
What damages can I recover?
Medical expenses, lost wages, pain and suffering, and emotional distress, and in some cases punitive damages when the driver’s conduct was especially egregious.
How long do I have to file?
In California, generally two years from the date of the accident, and as little as six months if a government entity is involved. Call early so evidence can be preserved.
Get Your Free, Confidential Case Review, 24/7
The driver’s insurer is already working on its version of events. Let us start on yours. 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.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
