San Francisco Pedestrian Accident Lawyer

Under California Code of Civil Procedure §335.1, you have two years from the date of the accident to file a personal injury lawsuit. If the at-fault party is a government entity — such as the City and County of San Francisco — you must file a government tort claim within just six months of the incident. Missing these deadlines typically bars you from recovering any compensation, so we urge you to contact us as soon as possible after your accident.

Liability depends on the specific circumstances of your accident. The at-fault driver is most commonly responsible, but we also investigate whether the vehicle owner, a commercial employer (if the driver was on the job), or even the City of San Francisco bears liability for dangerous road conditions, broken traffic signals, or poorly maintained crosswalks. California law allows us to pursue multiple liable parties simultaneously to maximize your recovery.

Yes. California follows a pure comparative fault rule, meaning you can recover damages even if you were partially responsible for the accident. Your total compensation is simply reduced by your percentage of fault. For example, if a jury finds you 20% at fault and your damages total $200,000, you would still recover $160,000. We work aggressively to minimize any fault attributed to you during negotiations and at trial.

Injured pedestrians can recover both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, and loss of earning capacity. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving extreme recklessness or intentional misconduct, California courts may also award punitive damages designed to punish the at-fault party.

We work with medical providers who will often treat you on a medical lien basis, meaning they defer payment until your case resolves. We also help coordinate with your health insurance to ensure your treatment continues uninterrupted. Our goal is to make sure you receive the care you need without financial pressure forcing you to settle your claim prematurely or before we fully understand the extent of your injuries.

If you are physically able, call 911 so SFPD documents the accident — a police report is critical evidence for your claim. Gather the driver’s name, license plate, and insurance information, and photograph the scene including crosswalks, traffic signals, and your injuries. Seek medical treatment the same day, even if you feel only minor pain, because conditions like traumatic brain injuries and internal bleeding may not be immediately apparent. Then contact our office before speaking with any insurance company.

The vast majority of pedestrian accident cases in San Francisco resolve through a negotiated settlement before trial. However, we prepare every case as if it is going to the San Francisco Superior Court so that insurance companies know we are ready to litigate if they fail to offer fair compensation. Whether your case settles or proceeds to trial, we handle all aspects of the process so you can focus on your recovery.

Straightforward cases with clear liability and defined injuries often settle within six to twelve months. More complex cases involving disputed fault, catastrophic injuries, or government defendants — which require additional procedural steps — can take two to three years or longer. We move your case as efficiently as possible while never sacrificing leverage by settling before we have a complete picture of your long-term medical prognosis and total damages.

We represent pedestrian accident victims on a contingency fee basis, meaning you pay nothing unless we win your case. Our fee is a percentage of the settlement or verdict we recover for you. There are no upfront costs, no hourly billing, and no out-of-pocket expenses during the case. This arrangement ensures that every injured person — regardless of financial resources — has access to experienced legal representation.

This is a common concern in San Francisco, and we are experienced in handling uninsured and underinsured motorist (UM/UIM) claims. If you carry UM/UIM coverage on your own auto policy, we can make a claim against your own insurance company to cover the gap. We also investigate whether other parties — such as a vehicle owner or employer — may have insurance coverage that applies to your situation. We leave no potential source of recovery unexplored.

Fault is established through a combination of the SFPD accident report, traffic camera and surveillance footage from local businesses and Muni systems, eyewitness testimony, expert accident reconstruction, and applicable California Vehicle Code provisions governing driver duties to pedestrians. San Francisco’s dense urban grid — including high-risk corridors like Market Street, Mission Street, and SoMa — often involves complex signal timing and crosswalk design factors that we thoroughly investigate.

Accidents involving SFMTA Muni buses, city-owned vehicles, or other government entities require a separate legal process. You must file a government tort claim with the City and County of San Francisco within six months of the accident — a deadline that is far shorter than the standard two-year statute of limitations. We handle the entire claim process, including the mandatory administrative steps, and are experienced in litigating against government entities when they refuse to offer adequate compensation.

While a police report is not legally required to file a claim, it is one of the most valuable pieces of evidence in a pedestrian accident case because it documents the driver’s information, witness statements, and the responding officer’s initial observations. If SFPD did not respond to your accident, we can still build a strong claim using medical records, surveillance footage, and witness accounts. We strongly recommend always calling 911 at the scene so a report is generated.

Pedestrians have the right-of-way in all marked crosswalks and in many unmarked crosswalks at intersections under the California Vehicle Code. However, a pedestrian accident can give rise to a valid claim even when the collision occurred mid-block, because drivers have a general duty to exercise reasonable care to avoid striking any pedestrian. We analyze the full circumstances of where and how your accident occurred — whether on busy intersections like Van Ness and Market or on quiet residential streets — to build the strongest possible liability argument.

A free consultation is a no-obligation meeting in which we listen to the facts of your accident, answer your questions, and give you an honest assessment of your legal options — all at no cost to you. You should bring any documentation you have, including the police report number, photos of the scene and your injuries, medical records or bills received so far, and the at-fault driver’s insurance information if available. If you have not gathered all of these yet, come anyway — we can help you obtain everything needed to build your case.