Legally Reviewed by Daniel Setareh on October 2, 2026
Walking in Fresno should not feel like a gamble, but wide, fast roads like Blackstone Avenue and Shaw Avenue put people on foot in close contact with heavy traffic every day. A pedestrian has no frame, airbag, or seatbelt, so even a low-speed collision can cause broken bones, head injuries, and months away from work. While you recover, an insurance company may start asking what you did wrong. You should not have to sort that out alone.
Setareh Law, APLC Personal Injury & Accident Lawyers represents pedestrians and their families with 60 years of combined experience, more than 900 five-star reviews, and seven office locations across California. Our injury attorneys serving Fresno take pedestrian accident cases on a contingency fee basis, which means you pay a fee only if we get results. If you cannot travel, we will come to your home or the hospital, and se habla español.
⚠ Time-Sensitive Notice for Injured Pedestrians
Most California pedestrian accident lawsuits must be filed within 2 years, and claims against a public entity can have a deadline as short as 6 months.
60 years of combined experience, more than 900 five-star reviews, and no fee unless we get results. Home and hospital visits are available.
Pedestrian Accidents on Fresno Streets
Fresno is a spread-out city built around driving, and many of its major roads are wide, multi-lane corridors where traffic moves quickly. Students cross busy streets near Fresno State and Fresno City College, workers walk to bus stops and shifts at all hours, and families cross at intersections on the way to school and errands. Many collisions happen at crosswalks, at turning intersections, and in the parking lots and driveways of shopping centers. In winter, Central Valley tule fog can cut visibility sharply, and early darkness makes a person on foot hard to see.
After a pedestrian crash, the first questions are usually who had the right of way and whether the driver was paying attention. Those answers often decide the whole claim, so it helps to understand how California treats people on foot.
California Pedestrian Right-of-Way and Crosswalk Laws
Under Vehicle Code section 21950, a driver must yield the right-of-way to a pedestrian crossing within any marked crosswalk or within any unmarked crosswalk at an intersection. The driver must also use all due care and slow down or take other action as needed to protect the pedestrian. At the same time, a pedestrian must use due care and may not suddenly step into the path of a vehicle that is too close to stop.
The table below summarizes the rules that come up most often when fault is disputed.
| Rule | What It Means for Pedestrians |
|---|---|
| Marked and unmarked crosswalks | Intersections generally include a crosswalk for pedestrians, even when no lines are painted. Drivers must yield to a person crossing in either type, and the driver’s duty of due care continues even if the pedestrian made a mistake. |
| Passing a stopped vehicle (section 21951) | When a car stops at a crosswalk to let someone cross, a driver approaching from behind may not pass it. This rule targets the common crash where a second driver swerves around a stopped car and strikes the person crossing. |
| Crossing outside a crosswalk (section 21954) | A pedestrian outside a crosswalk must yield to vehicles close enough to be an immediate hazard. Even so, the driver must still use due care to avoid hitting anyone in the roadway. |
| Crossing between signals (section 21955) | Between two adjacent intersections controlled by traffic signals or officers, pedestrians must cross only in a crosswalk. This is the rule most often raised when a driver claims the pedestrian was jaywalking. |
| Shared fault | California uses comparative fault. If a jury finds a pedestrian partly responsible, compensation is reduced by that percentage, but the pedestrian can still recover the rest. |
Many people ask whether a pedestrian can be held liable for jaywalking, and the answer depends on the facts.
Common Causes of Pedestrian Accidents in Fresno
Most pedestrian collisions trace back to a driver’s choice or a hazard that could have been avoided, and naming the cause is the first step toward identifying who may be responsible.
Distracted Driving
A driver looking at a phone, a navigation screen, or a passenger may not see a person in a crosswalk until it is too late to stop.
Failure to Yield
Drivers who ignore crosswalk rules, roll through stop signs, or run red lights strike pedestrians who have the right to be there.
Turning Vehicles
Drivers making a right or left turn often watch for oncoming cars instead of people crossing, and large vehicles have blind spots that can hide a pedestrian.
Speeding and Impaired Driving
Higher speed shortens a driver’s reaction time and increases the force of impact, and alcohol or drugs make a driver slower to notice people in the road.
Parking Lots and Driveways
Backing out of a space or driveway without checking behind the vehicle can injure shoppers, workers, and children who are walking nearby.
Poor Visibility and Lighting
Tule fog, glare from a low sun, and crossings with weak lighting can leave a pedestrian nearly invisible to a driver who is not driving carefully for the conditions.
Many crashes involve more than one cause, which is why a careful investigation matters from the first day.
Who May Be Liable After a Fresno Pedestrian Crash
In most cases the driver who struck you is the main target, and the claim is paid by that driver’s auto liability insurance. If the driver was working at the time, such as a delivery driver, a rideshare driver, or someone in a company vehicle, the employer may also be responsible.
Other parties can share responsibility too. A business that owns a parking lot may be responsible when poor lighting, blocked sightlines, or a confusing traffic layout contributes to a collision. A vehicle owner who lets an unfit driver use the car, or a manufacturer whose defective brakes or sensors failed, may also be involved depending on the facts.
When the crossing itself is dangerous, a public entity may be responsible. A malfunctioning signal, a crosswalk with missing signs or faded markings, or a poorly designed intersection can sometimes support a claim against the City of Fresno, Fresno County, or the State of California. These claims follow special rules and much shorter deadlines than other injury claims, so they should be reviewed quickly.
What to Do After a Pedestrian Accident in Fresno
What you do in the first hours can protect both your health and your claim.
1. Get Medical Care Right Away
Call 911 for any injury. Adrenaline can hide pain, and head, neck, and internal injuries are not always obvious. A same-day medical record also links your injuries to the crash.
2. Stay Put and Call the Police
Ask the responding officer, whether from the Fresno Police Department or the California Highway Patrol, to document the scene and give you a report number.
3. Document the Scene
When it is safe, photograph the crosswalk, signals, signs, lighting, vehicle damage, skid marks, and your injuries before anything changes.
4. Identify the Driver and Witnesses
Get the driver’s name, license plate, and insurance details, along with the names and phone numbers of anyone who saw the crash.
5. Look for Cameras
Note nearby businesses, traffic cameras, and doorbell cameras, then tell your attorney quickly because many systems record over old footage within days.
6. Talk to a Lawyer First
Adjusters often call within days. You can decline a recorded statement until you have spoken with an attorney, and you should avoid posting about the crash online.
Hit While Walking in Fresno? Talk With Setareh Law Today
Your consultation is free, and you pay nothing unless we get results. Home and hospital visits are available.
Hit-and-Run Pedestrian Accidents
People on foot are often struck by drivers who keep going. California law requires the driver of a vehicle involved in a crash that injures someone to stop immediately at the scene and provide required information and aid. When a driver flees, the first priority is a report to the police with every detail you remember, such as the color, make, partial plate, direction of travel, and any damage to the vehicle.
A hit-and-run does not necessarily end your claim. Surveillance video, witness accounts, and paint or debris left at the scene can help identify the driver. If the driver is never found, your own uninsured motorist coverage may apply depending on your policy, so review your insurance and tell your attorney about it early.
Evidence That Can Strengthen a Pedestrian Accident Claim
Pedestrian cases often turn on a few details, such as where the person was in relation to the crosswalk, what the signal showed, and how fast the vehicle was moving. Photographs of the scene and your injuries help show how the crash happened. Witness statements can resolve disputes about who had the right of way. Footage from nearby businesses, city cameras, and doorbell cameras can capture the moment of impact, but it may be overwritten quickly, so requesting it promptly matters.
Vehicle data can also help. Many modern cars record speed and braking information that may show whether the driver slowed down before impact. Medical records connect each injury to the crash and support the cost of future care. Keep every bill, prescription receipt, and note about missed work, and save the police report, 911 call records, and any messages from the driver or insurer.
Common Injuries in Fresno Pedestrian Accidents
A pedestrian takes the full force of a collision, so crashes often cause serious harm. Common injuries include traumatic brain injuries and concussions, spinal cord and back injuries, fractures of the legs, hips, pelvis, arms, and wrists, internal organ damage, deep cuts and scarring, and neck and soft tissue injuries such as whiplash. Symptoms of a head injury can appear days later, which is one reason to see a doctor even if you feel able to walk away.
These injuries often require emergency care, imaging, surgery, physical therapy, and follow-up visits. Some people miss weeks or months of work, and some face lasting limitations. A fair claim looks at the full picture of current bills and future needs, not only the first emergency room invoice.
Compensation Available to Injured Pedestrians
Depending on the facts of the case, an injured pedestrian may be able to pursue several categories of damages.
| Category | What It May Cover |
|---|---|
| Medical expenses | Emergency care, hospital stays, surgery, medication, rehabilitation, and future treatment. |
| Lost income | Wages missed during recovery and reduced earning capacity if you cannot return to the same work. |
| Property damage | Repair or replacement of items damaged in the crash, such as your phone, glasses, and clothing. |
| Pain and suffering | Physical pain, emotional distress, and the effect of the injuries on daily life. |
| Loss of enjoyment of life | The loss of activities you enjoyed, including simply being able to walk without pain. |
| Punitive damages | In limited cases involving especially reckless conduct, California law may allow punitive damages meant to punish the wrongdoer. |
| Wrongful death damages | When a crash is fatal, eligible family members may pursue funeral costs, lost financial support, and loss of companionship. |
Every case is different, and results depend on the facts, the injuries, and the insurance available.
How Insurance Companies Handle Pedestrian Accident Claims
Insurance companies protect their own bottom line, and pedestrian claims give them several familiar ways to reduce what they pay.
Blaming the Pedestrian
Adjusters may argue that you crossed outside a crosswalk, were looking at your phone, or wore dark clothing, even when the driver failed to watch the road.
Quick, Low Offers
An early offer may arrive before you know the full extent of your injuries or what future care will cost.
Recorded Statements
Casual answers about how you feel or what happened can be used later to dispute your claim.
Questioning Treatment
Insurers may claim that your treatment was unnecessary or that your injuries came from something other than the crash.
Having an attorney handle the insurance company lets you focus on healing while the claim is built on documented facts.
Statute of Limitations for Fresno Pedestrian Accident Cases
Deadlines are among the most important parts of a pedestrian claim, and missing one can end a case no matter how strong the evidence is.
| Type of Claim | Deadline | Clock Starts |
|---|---|---|
| Injury claim against a driver or private party | 2 years | Date of the crash |
| Wrongful death claim | 2 years | Date of death |
| Claim against a city, county, or other public entity | 6 months to present a government claim | Date of the crash |
The clock usually starts on the date of the crash, not on the date you finish treatment. In limited situations, such as an injury that could not reasonably have been discovered right away, the deadline may start later, but you should never count on an exception. If a public entity is involved, a late claim may be allowed only in narrow circumstances and is not guaranteed. The California Courts self-help guide on deadlines to sue explains how these time limits work. Missing a deadline is irreversible, so contact Setareh Law as soon as you can.
How Setareh Law Handles Your Pedestrian Accident Case
Every case starts with a one-on-one conversation. We listen to what happened, review your injuries and medical needs, and explain your options in plain language. If you cannot travel, we can meet you at home or at the hospital.
From there, our team gathers the police report, photographs, witness accounts, video, and medical records, and works with accident reconstruction professionals when a case calls for it. We send preservation requests for footage that could be lost, handle the calls and paperwork with insurance companies, calculate the full value of your losses, negotiate for fair compensation, and file a lawsuit when that is the right step. Because we work on contingency, you pay a fee only if we get results, and Spanish-speaking clients can work with our team in their own language.
Frequently Asked Questions About Fresno Pedestrian Accidents
Do I have a valid pedestrian accident case in Fresno?
You may have a claim if a driver, property owner, public agency, or manufacturer’s negligence caused your crash and you were hurt. Crossing outside a crosswalk or being partly at fault does not automatically end a claim, because California uses comparative fault. The right way to find out is to talk with an attorney about what happened, and Setareh Law offers free case reviews.
What is the deadline to file a pedestrian accident lawsuit in California?
Most personal injury and wrongful death lawsuits must be filed within 2 years of the crash or the date of death. Claims against a city, county, or other public entity generally require a government claim within 6 months. Because missing these deadlines is irreversible, you should speak with an attorney as soon as possible.
How much does it cost to hire a pedestrian accident lawyer in Fresno?
Setareh Law handles pedestrian accident cases on a contingency fee basis. You pay an attorney fee only if we get results, and your initial consultation is free. We encourage you to ask about fees and costs during your case review so you know what to expect.
Can family members file a claim if a pedestrian died in a crash?
In California, certain family members, such as a surviving spouse, domestic partner, or children, and in some cases dependents, may bring a wrongful death claim under Code of Civil Procedure section 377.60. These claims may recover losses such as funeral costs, lost financial support, and loss of companionship. The deadline is generally 2 years from the date of death.
Can I still recover if I was crossing mid-block in Fresno?
Possibly. Crossing outside a crosswalk can lead an insurer to argue that you share fault, but the driver must still use due care to avoid hitting a person in the road. If a jury assigns you a percentage of fault, your compensation is reduced by that amount rather than eliminated. Details such as the driver’s speed, attention, and visibility often matter a great deal.
What if the driver fled or has no insurance?
You may still have options. If the driver cannot be identified or has no insurance, your own uninsured motorist coverage may apply, depending on your policy. Report the crash to the police right away and keep any video, witness information, or details about the vehicle.
Talk to a Fresno Pedestrian Accident Lawyer Today
Setareh Law brings 60 years of combined experience, more than 900 five-star client reviews, and seven California offices to every pedestrian accident case. We treat each client as a person first, and we take the time to understand how the crash changed your life.
If you were hurt in a pedestrian accident in Fresno, contact Setareh Law for a free case review, or call (310) 659-1826. There is no fee unless we get results, and se habla español.
