Category Archives: Pedestrian Accidents

Steps to Taking Legal Action After Being Involved in a Pedestrian Accident

If you were involved in an accident as a pedestrian, you likely suffered serious injuries. The steps you take following your accident with a vehicle, bicycle, or motorcycle can help ensure that your legal rights are protected and that you receive justice for your suffering due to someone else’s negligence.

Contact the Police

The first step after any accident is to call the police. Even if you feel you were not injured that badly, there should be an official report of the accident. This police report will serve you well at a later time if you make the decision to pursue charges against the negligent party for your injuries and suffering. Make sure to request a copy of the police report when it is completed.

Seek Medical Evaluation and Treatment

Even if you feel your injuries are minor, you should always seek immediate medical treatment following any kind of accident. Many injuries do not appear until hours or days following an accident (such as traumatic brain injuries and whiplash), and only a medical professional will be able to ascertain what your injuries are and their severity. Go to the hospital immediately, or at least to your healthcare provider as soon as possible for a complete medical evaluation, and to determine your best course of treatment. Also, if you ever decide to pursue a claim in the future, the official medical examination will prove that your injuries are a direct result of the accident.


You should obtain as much of the following documentation as possible:

  • Obtain contact information of all parties involved in the accident, including any witnesses.
  • Take photographs of the accident, any injuries, the weather conditions, the road conditions, the traffic lights, and the entire area.
  • Keep all documents regarding all medical treatments, medical bills, doctors’ notes, diagnostic testing, lost wages due to your inability to return to work, physical therapy, mental health therapy, and any treatment plans or diagnoses.
  • Keep a personal diary and log of any mental/physical symptoms, the amount of pain you are in, and any daily tasks you are unable to perform due to your injury.

Insurance Companies

Take care when talking with insurance companies to never reveal too much information or admit fault. Also, never allow an insurance company full access to your complete medical records, only allow them to see medical records when you are finally finished with treatment and only those records pertaining to your injury. Never agree to be recorded during a phone call, and do not accept any first settlement offer, as it is likely too low to cover your medical bills, lost wages, and pain and suffering appropriately.

Contact a Pedestrian Accident Attorney

If you have been injured in a pedestrian accident, you are likely facing significant medical bills, and the inability to return to work to pay for them. While you may feel overwhelmed, contact the experienced pedestrian accident attorneys at The Law Office of Daniel H. Rose. We will work to build you a strong personal injury case and help you understand your legal rights. Contact our attorneys at 415-946-8900 or online today for a free consultation.

Determining Fault in Accidents Involving Pedestrians and Cars

If you were in an accident that involved both a pedestrian and a vehicle, you may think that the pedestrian always has the right-of-way. However, there are cases where an accident may result from the negligent actions of a pedestrian. Determining fault and liability in a car accident with a pedestrian can oftentimes be legally challenging. Learn how fault can be determined and what your legal rights are following an accident.

Driver Fault

Pedestrians oftentimes face catastrophic injuries following an accident with a vehicle and in many cases, the driver of the vehicle will be negligent and responsible. Drivers have a responsibility to ensure that they stay aware of their surroundings to ensure that they do not hit any pedestrians.

Additionally, distracted driving, or driving under the influence of drugs or alcohol often result in pedestrian injuries. In these cases, a driver will be held liable for any injuries suffered by a pedestrian hit in a crosswalk. If a driver is determined to be at fault for the accident, they will likely be responsible for medical bills, lost wages, and the pain and suffering of the pedestrian victim.

Pedestrian Fault

While most people think that the pedestrian always has the right-of-way, this is not always the case, legally. A pedestrian also has a responsibility towards the drivers in traffic and crosswalks. If a pedestrian acted negligently by jaywalking, walking along any highway, bridges or other areas where pedestrians are not allowed, darting out into traffic, walking out into traffic due to texting or another distraction, or crossing against a traffic signal, the pedestrian may be held liable for the accident and responsible for damages or injuries suffered.

Shared Fault

In some cases, there may be situations where both the driver and pedestrian share fault regarding the accident. For example, the pedestrian may have been jaywalking, but the driver was operating a motor vehicle while intoxicated. In these cases, there may be shared fault between the driver and the pedestrian that an experienced accident attorney can help you legally navigate in order to receive the compensation you deserve.

Police Report

In most cases, the police complete a report regarding a pedestrian and vehicle accident and in these cases, they may indicate who they believe was at fault. However, contacting an experienced accident attorney can help you conduct an independent investigation and help correctly determine fault in your accident involving a pedestrian and a car.

Contact a Car Accident Attorney

If you were involved in an accident between a vehicle and a pedestrian, you may have questions regarding who is at fault and will have to pay compensation. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that the correct parties in your accident are held responsible and will help you determine fault so that your legal rights are protected, and you receive the compensation you deserve. Contact our experienced car accident attorneys at 415-946-8900 or online today.

5 Important Things You Need to Know About Pedestrian Accidents

From hit-and-run accidents to side-swiping and curb-jumping accidents, pedestrians are among some of the most vulnerable when it comes to the injuries they sustain when involved in an accident. If you’ve suffered injuries due to a pedestrian accident, you must get the medical attention you need as soon as possible. 

From there, it’s important you understand these five things about pedestrian accidents. Then reach out to a passionate, experienced personal injury attorney to discuss your options.

1. You have the right to compensation after a pedestrian accident.

California law provides you with the right to seek compensation against individuals who cause you harm due to their negligent behavior. This right applies in all injury cases, including pedestrian accidents. 

The types of financial compensation you can seek will depend on the specific facts of your case. Speak to an experienced personal injury lawyer about whether the following types of damages apply in your case:

  • Medical bills (physical and psychological)
  • Short or long-term care bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Rehabilitation costs

2. California law takes your actions into account when apportioning blame. 

You must use reasonable care when walking. Failure to use reasonable care means you were negligent and have some blame in your accident. 

For instance, were you walking at night without a flashlight or reflective clothing? Did you cross at a crosswalk when the “don’t walk” signal was up? These are just a couple of examples of negligent behavior that can affect how much you may be able to recover in a personal injury lawsuit against the driver.

3. The term “pedestrian accident” applies to more than people who were out walking.

If a driver hit you while you were walking, jogging, running, riding a skateboard, rollerblading, using a wheelchair or other assistive device, or even sitting, then you are considered a pedestrian and California’s pedestrian accident laws apply.

4. The term also applies to accidents that do not involve vehicles.

When you hear the term “pedestrian accident,” you most likely think of accidents involving walkers and drivers of motor vehicles. That’s only one aspect, however. Pedestrian accidents also involve claims where pedestrians suffered injuries due to broken sidewalks, negligently maintained parking lots and related issues. 

In such cases, the at-fault party isn’t an individual but is instead a property owner, business, city or other municipality, or another third party.

5. There is a time limit for filing a pedestrian accident lawsuit.

In general, you have two years from the date of your pedestrian accident to file your lawsuit. That said, it is incredibly important to contact an experienced personal injury attorney as soon as possible after your accident so you can preserve evidence and begin building your case. 

Contact a Personal Injury Lawyer if You’ve Been Hurt in a Pedestrian Accident

Do not face a pedestrian accident lawsuit without the advice and assistance of a dedicated personal injury attorney. In California, call on the Law Office of Daniel H. Rose for compassionate advocacy and knowledgeable guidance. Request your complimentary consultation today by contacting our firm at 415-946-8900.

A Primary Cause of Injury and Death to Pedestrians and Bicyclists Traveling on Sidewalks is Vehicles Exiting Parking Lots and Driveways

One of the primary ways in which pedestrians and bicyclists traveling on sidewalks are injured or killed is by motor vehicles exiting parking lots or driveways. A recent example is the Bay Area case of an 84-year-old woman killed by a vehicle exiting a parking lot on W. El Camino Real in Sunnyvale. Based upon my experience as a pedestrian and bicycle accident lawyer, it appears that the most common way this occurs is when the pedestrian or bicyclist is traveling on the sidewalk in the opposite direction that the cars on the adjacent road are traveling.

Because the driver of the vehicle exiting the parking lot is most concerned with entering the traffic traveling in the direction the driver wishes to go, the driver quite often neglects to look for potential sidewalk traffic coming from the opposite direction. Sometimes contributing to the failure of the driver to notice pedestrians and bicyclists is the presence of things which obstruct the driver’s vision such as hedges, walls or commercial signs. Pedestrians and bicyclists injured in such collisions often report that they mistakenly believed that the driver acknowledged or noticed them before driving into them or across their path. While drivers under these circumstances are almost always held to be negligent, it would appear to be safe practice for pedestrians and bicyclists to be aware of this potential driver behavior when approaching driveways and exits.

Scooter Accidents in San Francisco Bay Area | Liability and Insurance Issues

Motorized scooter use in the San Francisco Bay Area is rapidly becoming a primary form of local transportation. Electric scooter on-demand rental companies such as Bird and LimeBike have infused the Bay Area with thousands of scooters to fill an ever-increasing consumer demand heightened by over-burdened and inadequate mass transportation services.  As a San Francisco pedestrian, bicycle and scooter accident lawyer, I see many liability insurance issues raised by the increased use of scooters.

By FASTILY [CC BY-SA 4.0 (], from Wikimedia CommonsAlong with this increased scooter use inevitably comes an increase in injury accidents involving scooters. Such accidents may involve collisions between scooters and pedestrians, bicyclists, motorcycles, automobiles, or other scooters. Although scooters are prohibited by law from driving on sidewalks pursuant to California Vehicle Code (CVC) Section 21235(g), news reports indicate that scooters are being ridden to a very large degree on sidewalks, raising the risk of injurious collisions between scooters and pedestrians. Unless local law otherwise more strictly prohibits, California State law allows scooters to be operated in bicycle lanes, and in fact mandates they be ridden in Class II bicycle lanes if such lanes exist, and where such bicycle lane does not exist the scooter may be operated on the road as long as the speed limit on the road is 25 mph or less. (CVC 21229, 21230.) Thus, scooter ridership also raises the risk of injurious collisions between scooters and bicycles, and scooters and motorists. San Francisco trauma hospitals have noticed an increase in scooter related serious injuries and are setting up a scooter-related injury tracking system, as reported by the New York Times.

Unfortunately, there are some significant gaps in liability and uninsured motorist insurance coverage for accidents involving scooters. In California, there is no requirement that motorized scooters (as distinguished from mopeds) be registered or that the scooter or scooter operator carry liability insurance. Based upon my research, I am not aware of any scooter rental companies which provide their users with any significant liability insurance. This would leave someone injured due to a collision with a scooter to look to the scooter operator’s homeowners or renters insurance, as is the case when someone is injured due to the negligence of a bicyclist, or perhaps to the scooter operator’s personal assets if they are substantial.

While pedestrians, bicyclists and scooter operators may utilize whatever uninsured/underinsured motorist (UM/UIM) insurance they may have on their motor vehicle policies should they be injured in an accident for which the operator of a motor vehicle is at fault, their UM/UIM coverage almost certainly will not apply when injured by the operator of a scooter. This is because California law requires only that insurers offer, in their motor vehicle policies, UM/UIM coverage for liability arising out of the use of a motor vehicle, and the Insurance Code limits its definition of “motor vehicle” to include only those vehicles which are required to be registered under California State law, and scooters are not required to be so registered. (California Insurance Code 11580.2, 11580.06.)

Another potential source of recovery for those injured in scooter accidents are the scooter rental companies or manufacturers where the accident was caused by a scooter’s mechanical defect or malfunction, or where the scooter was illegally rented to an unlicensed and un-permitted driver.  (An operator of a motorized scooter must possess a valid drivers license or instruction permit [CVC 21235(d)].)

Study Shows Hit-And-Run collisions injuries and deaths at highest levels

A recently released AAA study reveals a record amount of hit-and-run injuries and deaths, the majority of which are to bicyclists and pedestrians. This raises a confluence of issues related to a lack of adequate bicycling and pedestrian safety infrastructure, the prevention of DUI driving, public video surveillance, and uninsured motorist coverage.  According to AAA, there were 2,049 hit-and-run related fatalities in the United States in 2016, and 65% of those were bicyclists or pedestrians.  Twenty percent of all pedestrian deaths were hit-and-run related. The reasons that a driver may flee the scene often relate to the fact that many of the drivers are intoxicated with prior DUI records. The study notes that a large percentage of hit-and-run collisions occur in the hours between midnight and 4 a.m. when drivers are more likely to be intoxicated, it is easier to flee the scene due to lighter traffic, and there are fewer witnesses out at that hour.

The Reason NHTSA Released 2016 Traffic Fatality Data but Not 2016 Injury Data

In past years, the NHTSA has released annually an overview of motor vehicle crashes for the prior calendar year which includes both injury and fatality data. However, the NHTSA recently released its overview of 2016 fatality data without including the 2016 non-fatal injury data. I contacted the NHTSA to find out whether the 2016 non-fatal injury data is currently available and if not when it will become available. The response from NHTSA was as follows:

In a nut shell, there is no 2016 injury data at this time. NHTSA’s National Center for Statistics and Analysis (NCSA) redesigned the nationally representative sample of police-reported traffic crashes, which estimates the number of police-reported injury and property–damage-only crashes in the United States. The new system, called the Crash Report Sampling System (CRSS), replaced the National Automotive Sampling System (NASS) General Estimates System (GES) in 2016. However, the 2016 estimates are not currently available. NHTSA is currently processing the file to ensure the data is accurate and complete and is finalizing the new weighting and calibration procedures to produce national estimates. Once completed, NHTSA will release the data and publish the estimated number of police-reported injury and property-damage-only crashes that occurred during 2016.



Noteworthy Items from NHTSA’s 2016 Fatal Motor Vehicle Crash Data

The NHTSA recently released its 2016 fatal motor vehicle crash data.  Noteworthy among the data are the following:

Nationally, there were 37,461 fatalities during 2016, a 5.6 increase from 2015. Pedestrian fatalities increased by 492, a 9.0% increase from 2015 and the highest number since 1990. The fatality rate per 100 million Vehicle Miles Traveled (VMT) increased by 2.6% from 1.15 in 2015 to 1.18 in 2016. Fatalities in distraction related crashes were 9.2% of total fatalities in 2016. Approximately 28% of all fatalities were in alcohol-impaired-driving crashes (29% in California). There were 11.5 times as many un-helmeted motorcyclist fatalities in States without universal helmet laws (1,923 un-helmeted fatalities) as in States with universal helmet laws (166 un-helmeted fatalities).