Marin County Pedestrian Accident Lawyer

Injured while walking in San Rafael, Novato, Mill Valley, Corte Madera, Larkspur, Sausalito, or elsewhere in Marin County? Anderson Franco Law helps injured pedestrians and families understand their rights after serious crashes.

A pedestrian accident can change your life in seconds. You may be dealing with an ambulance ride, emergency room treatment, broken bones, surgery, head trauma, missed work, and calls from insurance adjusters. You may also be wondering whether the driver is legally responsible, whether you did anything wrong, and how medical bills will get paid.

Anderson Franco Law represents injured people throughout Marin County and the Bay Area. We handle serious pedestrian injury cases involving crosswalk collisions, turning vehicles, distracted drivers, unsafe speeds, parking lot crashes, school-zone incidents, and roadway conditions that may have contributed to the crash.

Call Anderson Franco Law for a free consultation. No fee unless we recover.

Pedestrian Accidents in Marin County Are Often Serious

Marin County has many walkable communities, but pedestrians still face real risks. People walk near schools, downtown districts, shopping centers, ferry terminals, bus stops, freeway ramps, hillside roads, and busy commuter routes. A driver may have the protection of a vehicle. A pedestrian does not.

Pedestrian crashes in Marin County can happen in places such as downtown San Rafael, Second Street, Third Street, Sir Francis Drake Boulevard, East Blithedale Avenue, Tam Junction, Bridgeway, Redwood Boulevard, Tiburon Boulevard, Paradise Drive, school zones, grocery store parking lots, and intersections near Highway 101 ramps. The exact location matters because the evidence, road design, sightlines, lighting, and responsible parties may change from case to case.

Do I Have a Pedestrian Accident Case in Marin County?

You may have a pedestrian accident claim if:

• A driver hit you while you were walking;
• The driver failed to yield, sped, turned carelessly, drove distracted, or violated another safety rule;
• You were injured;
• You received medical care or reasonably need treatment;
• The injury affected your work, daily life, mobility, sleep, or quality of life; or
• A dangerous road, crosswalk, signal, sidewalk, or lighting condition contributed to the crash.

California Pedestrian Right-of-Way Laws

California law gives pedestrians important protections, but pedestrian cases are not always simple.

Under California Vehicle Code section 21950, a driver must yield the right-of-way to a pedestrian crossing within a marked crosswalk or within an unmarked crosswalk at an intersection. The same statute also says drivers approaching a pedestrian in a marked or unmarked crosswalk must use due care and reduce speed or take other action as needed to protect the pedestrian.

That does not mean every pedestrian automatically wins a case. The law also says pedestrians must use due care for their own safety and may not suddenly leave a curb or place of safety and move into the path of a vehicle so close that it creates an immediate hazard.

Other rules may also matter. California Vehicle Code section 21951 prohibits a driver from passing another vehicle that has stopped at a crosswalk to allow a pedestrian to cross. California’s basic speed law also prohibits driving faster than is reasonable or prudent given the traffic, visibility, weather, road surface, and other conditions.

In plain English: the issue is not just whether the pedestrian was in a crosswalk. The issue is whether the driver, pedestrian, road design, lighting, signals, and surrounding facts show that someone failed to act safely.

Common Causes of Marin County Pedestrian Accidents

Pedestrian accident cases often turn on details. A driver may claim the pedestrian “came out of nowhere.” The physical evidence may show something different. Common causes of pedestrian crashes include:

• Drivers failing to yield in marked crosswalks;
• Drivers failing to recognize unmarked crosswalks at intersections;
• Left-turn or right-turn crashes;
• Speeding or driving too fast for conditions;
• Distracted driving;
• Rolling through stop signs;
• Running red lights;
• Failing to check before exiting a driveway or parking lot;
• Passing a stopped vehicle near a crosswalk;
• Poor lighting;
• Unsafe roadway design;
• Missing, faded, or confusing crosswalk markings;
• Overgrown vegetation blocking sightlines;
• Impaired driving;
• Delivery driver or rideshare driver negligence; and
• Drivers backing up in parking lots or residential areas.

These cases require quick investigation. Video can disappear. Witnesses can become hard to find. Skid marks, debris, vehicle damage, and crosswalk conditions can change. That is why early evidence preservation matters.

Local Road and Crosswalk Issues Can Matter

Some pedestrian crashes involve more than a careless driver. A crash may also involve a dangerous intersection, long crossing distance, missing signals, poor lighting, faded markings, or unsafe traffic patterns.

Marin County has recognized the need for pedestrian safety improvements in specific places. For example, Marin County Public Works has implemented HAWK pedestrian signals to improve pedestrian safety. Similar HAWK devices have been installed on Point San Pedro Road at San Rafael High School and on Sir Francis Drake Boulevard at Ash Avenue.

Transportation Authority of Marin’s Safe Routes to School program also uses trained crossing guards at key intersections throughout Marin County, based on a prioritization process, and has more than 140 infrastructure projects constructed or under design through the program.

For an injured pedestrian, these local details matter. They can help show whether a crash was caused only by driver negligence or whether road design, signal timing, crosswalk placement, visibility, or public-entity maintenance also played a role.

Injuries We See in Pedestrian Accident Cases

Pedestrian injuries are often severe because the human body absorbs the force of the impact. Even a low-speed crash can cause major harm, especially for children, older adults, and people hit by larger vehicles. Pedestrian accident injuries may include:

• Fractured bones;
• Head injuries and concussions;
• Neck and back injuries;
• Spinal cord injuries;
• Ligament injuries;
• Internal bleeding or organ injuries;
• Anxiety, fear of walking, sleep issues, or emotional trauma; and

The full value of a pedestrian injury claim may not be clear right away. Some injuries worsen over time. Some require surgery, injections, physical therapy, imaging, or long-term care. A case should not be evaluated only by looking at the first emergency room bill.

Who May Be Liable for a Pedestrian Accident?

The driver is often the first person evaluated. But a complete pedestrian accident investigation should ask whether anyone else may also be responsible. Potentially responsible parties may include:

• The driver who hit the pedestrian;
• The owner of the vehicle;
• An employer, if the driver was working at the time;
• A rideshare driver or transportation company;
• A commercial vehicle company;
• A property owner or business, in some parking lot or driveway cases;
• A public entity responsible for a road, sidewalk, signal, or crosswalk

Identifying all responsible parties matters because serious pedestrian injuries can exceed a driver’s insurance limits. A careful investigation may reveal additional insurance coverage or additional defendants.

Public Entity Claims and Short Deadlines

Some pedestrian crashes may involve a city, county, school district, transit agency, Caltrans, or another public entity. This may happen when a dangerous road condition, unsafe crosswalk, broken signal, missing sign, sidewalk defect, poor lighting, or public vehicle contributed to the injury.

These cases can involve very short deadlines. In California, a claim relating to death, personal injury, or injury to personal property against a public entity generally must be presented no later than six months after the cause of action accrues.

That deadline can be much shorter than the ordinary personal injury statute of limitations. If a pedestrian accident may involve a public entity, the issue should be reviewed quickly.

Evidence That Can Help a Pedestrian Accident Claim

The strongest pedestrian accident cases are built with evidence, not assumptions. Important evidence may include:

• Police traffic collision reports;
• 911 audio;
• Body-worn camera footage;
• Dashcam footage;
• Nearby surveillance video;
• Witness statements;
• Scene photographs;
• Signal timing records;
• Road design and maintenance records;
• Lighting conditions;
• Vehicle damage;
• Event data recorder information;
• Cell phone records in disputed distraction cases;
• Rideshare or delivery app data;
• Medical records;
• Ambulance and emergency room records;
• Photos of injuries;

It is important to act quickly. Many businesses overwrite surveillance video within days or weeks. Public agencies may have specific procedures for requesting records. Witnesses may not remain available. The sooner the investigation starts, the better.

What Compensation Can an Injured Pedestrian Recover?

A pedestrian accident claim may include compensation for both financial losses and the personal impact of the injury. Financial losses are often called economic damages. These may include the cost of an ambulance, emergency room treatment, hospital care, surgery, imaging, physical therapy, specialist visits, medication, and future medical care. They may also include lost wages if you missed work because of the accident. If the injury affects your ability to work in the future, the claim may also include loss of earning capacity.

An injured pedestrian may also recover other out-of-pocket expenses caused by the crash. For example, some people need transportation to medical appointments, medical equipment, help at home, or changes to their daily routine while they recover. These costs may seem small at first, but they can add up over time. A serious pedestrian injury should be evaluated based on the full financial impact, not just the first hospital bill.

A claim may also include non-economic damages. These damages address the human impact of the injury. They may include pain, suffering, emotional distress, sleep problems, anxiety near roads or crosswalks, scarring, disfigurement, loss of independence, and loss of enjoyment of life. These damages matter because a pedestrian accident can affect far more than medical bills. It can change how a person walks, works, sleeps, drives, exercises, cares for family, and feels in daily life.

In fatal pedestrian accident cases, surviving family members may have a wrongful death claim. Those cases require a separate analysis of the family relationship, financial losses, loss of support, and who has the legal right to bring the claim. A wrongful death claim is different from a personal injury claim, but both require careful review of liability, damages, insurance coverage, and legal deadlines.

What If the Driver Says You Were Partly at Fault?

Insurance companies often blame pedestrians. They may argue that the pedestrian crossed outside a crosswalk, wore dark clothing, looked at a phone, crossed against a signal, or stepped into the road too quickly.

Those arguments do not automatically defeat a claim.

California follows comparative negligence. That means responsibility can be divided by percentage of fault. A pedestrian may still recover compensation even if the insurance company argues the pedestrian shares some fault, although the recovery may be reduced by the pedestrian’s percentage of responsibility. California adopted comparative negligence in Li v. Yellow Cab Co., replacing the older all-or-nothing contributory negligence rule.

The key is evidence. Location, lighting, visibility, driver speed, crosswalk placement, signal timing, witness statements, and vehicle damage may all matter.

Why Choose Anderson Franco Law for a Marin County Pedestrian Accident Case?

Anderson Franco Law is a Bay Area personal injury law firm representing injured people in serious accident cases. We serve clients throughout Marin County, San Francisco, and the Bay Area.

Clients work directly with attorney Anderson Franco. We do not treat clients like case numbers. We focus on understanding what happened, preserving evidence early, identifying available insurance, and presenting the full impact of the injury.

Our background also helps us evaluate how insurance companies defend pedestrian claims. Before representing injured people, Anderson handled insurance defense work. That experience helps us understand how adjusters and defense attorneys may evaluate liability, comparative fault, medical records, prior injuries, and settlement value.

We also represent clients in English and Spanish.

What to Do After a Pedestrian Accident in Marin County

After a pedestrian crash, take these steps if you can:

1. Call 911. A police report and emergency response can help document what happened.
2. Get medical care. Do not assume you are fine because adrenaline is high.
3. Photograph the scene. Capture the crosswalk, signs, signal lights, skid marks, debris, vehicle position, and lighting.
4. Get witness information. Names and phone numbers can matter later.
5. Look for cameras. Nearby homes, businesses, buses, and vehicles may have video.
6. Save your clothing and shoes. They may show impact marks, tearing, or debris.
7. Do not give a recorded statement without legal advice. Insurance adjusters may use your words against you.
8. Follow your medical treatment plan. Gaps in care can hurt your health and your case.
9. Speak with a pedestrian accident lawyer early. Evidence can disappear quickly.

Marin County Pedestrian Accident Cases May Be Filed in San Rafael

Many Marin County personal injury lawsuits are handled through the Marin County Superior Court. The civil division is located at the Civic Center, Hall of Justice, Room 113, in San Rafael.

Most cases do not immediately begin with a lawsuit. Many start with investigation, medical treatment, insurance review, and settlement negotiations. But if the insurance company does not make a fair offer, litigation may become necessary.

How Long Do I Have to File a Pedestrian Accident Lawsuit in California?

For most California personal injury and wrongful death cases, the general deadline is two years. California Code of Civil Procedure section 335.1 provides a two-year period for an action involving injury to, or death of, an individual caused by the wrongful act or neglect of another.

However, some cases have shorter deadlines. Claims involving public entities can have a six-month claim presentation deadline. Minors, delayed discovery, government claims, and other issues may affect the deadline analysis.

Do not wait to get advice. Missing a deadline can destroy an otherwise valid claim.

Speak With a Marin County Pedestrian Accident Lawyer

If you were hit by a vehicle while walking in Marin County, Anderson Franco Law can help you understand your options. We evaluate liability, insurance coverage, medical damages, deadlines, and the practical next steps.

You do not need to know whether you have a perfect case before calling. That is what the consultation is for.

Call Anderson Franco Law today for a free consultation. No fee unless we recover.

Frequently Asked Questions About Marin County Pedestrian Accident Claims

Do I have a pedestrian accident case if I was hit in a crosswalk?

You may have a pedestrian accident case if you were hit in a crosswalk and suffered injuries. California law generally requires drivers to yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections. However, the facts still matter. The driver, speed, visibility, signal timing, witness statements, and your own conduct may all affect the claim.

Can I still recover if I was not in a crosswalk?

You may still recover if you were not in a crosswalk, but the case may be more disputed. California law does not make every non-crosswalk pedestrian case invalid. The key question is whether the driver failed to use reasonable care under the circumstances. Speed, distraction, lighting, sightlines, and the driver’s opportunity to avoid the crash may all matter.

What if the driver says I came out of nowhere?

If the driver says you came out of nowhere, that does not end the case. Insurance companies often use that argument. The physical evidence may show driver speed, visibility, point of impact, braking, vehicle damage, crosswalk location, and whether the driver had time to react. Video and witnesses can be very important.

What if I was partly at fault for the pedestrian accident?

If you were partly at fault, you may still have a claim. California uses comparative negligence. That means fault can be divided between the pedestrian, driver, and potentially others. Your compensation may be reduced by your percentage of fault, but partial fault does not automatically bar recovery.

What if the pedestrian accident involved a dangerous road or crosswalk?

If the pedestrian accident involved a dangerous road, crosswalk, signal, sidewalk, or public property condition, there may be a potential claim involving a public entity. These claims can have short deadlines, including a possible six-month government claim deadline. These issues should be reviewed quickly.

What if I was hit by an uninsured driver while walking?

If you were hit by an uninsured driver while walking, you may still have options. Your own uninsured motorist coverage, a household family member’s policy, or another insurance policy may apply. Coverage analysis is important in pedestrian cases because the at-fault driver may not have enough insurance.

What damages can I recover after a pedestrian accident?

You may be able to recover medical bills, future medical care, lost wages, reduced earning capacity, out-of-pocket expenses, pain, suffering, emotional distress, scarring, and loss of enjoyment of life. The value depends on the injury, treatment, recovery, liability, insurance coverage, and how the injury affects your life.

How much is my Marin County pedestrian accident case worth?

The value of a Marin County pedestrian accident case depends on liability, injury severity, medical treatment, future care needs, wage loss, insurance limits, comparative fault, and the impact on daily life. Serious fractures, surgery, brain injuries, spinal injuries, and permanent limitations usually require deeper evaluation before settlement.

How long do I have to file a pedestrian accident lawsuit?

In many California personal injury cases, the general deadline is two years. But some claims have shorter deadlines. Public-entity claims may require action within six months. Because deadlines can vary, you should speak with a lawyer as soon as possible.

Do I have to pay upfront to hire Anderson Franco Law?

No. Anderson Franco Law handles pedestrian accident cases on a contingency fee basis. That means there is no attorney fee unless we recover money for you.