Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents pedestrians struck by vehicles throughout Fresno and Fresno County. In 2023 (the most recent year for which data is currently available), the City of Fresno recorded 202 pedestrian victims in traffic crashes, ranking 8th among California's 15 largest cities. More striking: Fresno recorded 31 pedestrian victims under the age of 15, ranking 2nd among the state's largest cities — the second-highest rate of child pedestrian injuries in California. Fresno County as a whole recorded 292 pedestrian victims, ranking 46th out of 58 counties. These figures are drawn from the California Office of Traffic Safety 2023 Annual Report.

Pedestrian accidents in Fresno occur disproportionately near schools, in South Fresno neighborhoods, and at busy arterial intersections. Drivers making right or left turns at signalized intersections, backing out of driveways in residential areas, and traveling through school zones account for a large share of pedestrian collisions. Fresno's high DUI arrest rate — ranked 15th, or last, among the state's 15 largest cities in 2023, with 1,516 arrests — reflects the ongoing risk of impaired drivers in pedestrian zones.

Legal Standard — Duty to Pedestrians

California law imposes specific duties on drivers with respect to pedestrians. Vehicle Code section 21950 requires drivers to yield the right of way to pedestrians crossing in a marked or unmarked crosswalk. The duty to yield applies at all intersections — not just those with marked crosswalks. Even where a pedestrian is jaywalking outside a crosswalk, California's comparative fault system does not eliminate the driver's duty of care. A driver who sees or should have seen a pedestrian in time to avoid the collision and failed to do so bears liability regardless of where the crossing occurred.

Vehicle Code section 21952 requires drivers to yield to pedestrians on sidewalks when entering or crossing a sidewalk from a driveway or alley. Vehicle Code section 22450 requires complete stops at stop signs before proceeding — a rolling stop that fails to yield to a pedestrian in the crosswalk violates this section. The violation of a vehicle code statute is negligence per se when the violation causes the type of harm the statute was designed to prevent.

The foundational duty is stated in California Civil Code section 1714(a): everyone is responsible for injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov.

Comparative Fault

California applies pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A pedestrian's recovery is reduced in proportion to his or her own contributory negligence but is not eliminated. A pedestrian who crossed against a signal and was found 25 percent at fault recovers 75 percent of proven damages. Whether and to what extent a pedestrian was negligent is a question of fact for the jury — not a question the insurance company resolves unilaterally.

Injuries to Pedestrians

The injury profile in a pedestrian accident reflects the physics of an unprotected body struck by a vehicle. Lower extremity fractures — tibial plateau, femoral shaft, pelvis — are common in primary impact. Secondary impact with the hood or windshield produces head and facial trauma. Ground impact from being thrown produces additional fractures and traumatic brain injury. Children are particularly vulnerable because their smaller stature places them at higher risk of being struck in the torso and head rather than the legs during primary impact.

Government Entity Liability — Dangerous Conditions

Where a pedestrian accident occurred at a location with inadequate lighting, missing or damaged crosswalk markings, malfunctioning signals, or a roadway design that created an unreasonable risk, the City of Fresno or another public entity may bear liability under the California Government Claims Act. Government Code section 835 imposes liability on a public entity for injury caused by a dangerous condition of public property where the entity had actual or constructive notice of the condition and failed to take reasonable action to protect against it.

Claims against a public entity require filing a government tort claim within six months of the incident under Government Code section 911.2. Missing this deadline can potentially bar the lawsuit. Tolling may apply depending on the facts.

Damages

Recoverable damages under Civil Code section 3333 include medical expenses incurred and future care costs, lost wages and earning capacity, physical pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, the family may bring a separate claim under Code of Civil Procedure section 377.60.

Filing a Lawsuit in Fresno County Superior Court

Pedestrian accident lawsuits arising in Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g). Fresno County Local Rules require ADR completion before the mandatory settlement conference and in-person attendance at the Trial Readiness Hearing the Friday before trial.

Statute of Limitations

The statute of limitations for personal injury claims is two years from the date of injury under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar a lawsuit. The statute of limitations is an affirmative defense the defendant must raise and prove. Tolling doctrines may apply including minority tolling for injured children. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

• Fresno Personal Injury Attorney
• Fresno Car Accident Attorney
• Fresno Bicycle Accident Attorney
• Fresno Brain Injury Attorney
• Fresno Wrongful Death Attorney

Attorney Michael Rehm handles pedestrian accident cases throughout Fresno and Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.