Attorney Michael Rehm — (800) 978-0754

International Boulevard runs 8.28 miles through East Oakland from 5th Avenue to Durant Avenue. The Oakland Department of Transportation identifies it on every layer of the 2024 High Injury Network — motor vehicle, pedestrian, bicycle, and multimodal. In 2023, before the city installed lane dividers and speed cushions along the corridor, 10 people were killed on International Boulevard. Seven of them were on foot. The city's published crash data and its own High Injury Network map identified this corridor as dangerous. That published identification matters legally when a claim involves a road hazard the city knew about and failed to correct.

Attorney Michael Rehm handles pedestrian accident cases throughout Oakland and Alameda County, including crashes on High Injury Network corridors, intersections controlled by the city, and private property where a property owner's negligence contributed to the harm.

Oakland Pedestrian Crash Data

The California Office of Traffic Safety ranked Oakland third out of 15 comparable California cities for pedestrian crashes in 2023, with 255 victims killed or injured on local streets. For pedestrians aged 65 and older, Oakland ranked second out of 15 — 45 victims, the second-worst rate among California's large cities. Source: California Office of Traffic Safety, Crash Rankings 2023, ots.ca.gov.

Across Alameda County, older adult pedestrian fatalities doubled between the 2020–2022 period and 2023–2024: 6 to 7 per year in the early period, rising to 12 in both 2023 and 2024. Alameda County ranked third out of 58 California counties for older adult pedestrian fatalities in 2023. Source: UC Berkeley SafeTREC, Transportation Injury Mapping System, Alameda County 2020–2024, tims.berkeley.edu; California Office of Traffic Safety, County Rankings 2023.

The City of Oakland's traffic fatality tracker recorded 15 pedestrian deaths in 2023 and 13 in 2024 — representing 45% and 43% of all Oakland traffic fatalities in those years, respectively. Source: City of Oakland, Monitoring Traffic Deaths in Oakland, oaklandca.gov.

These city-level figures exclude I-880, I-580, and I-238 freeway crashes. The Oakland Police Department identified failure to yield as the single leading cause of severe and fatal crashes in Oakland, accounting for 19% of all such collisions — and most fatal pedestrian crashes involve exactly this failure. City of Oakland, Safe Oakland Streets 2022 Annual Report.

The High Injury Network and What It Means for Your Claim

Oakland's High Injury Network (HIN) identifies the corridors where the city's own crash data shows severe and fatal crashes are concentrated. The 2024 HIN, based on crash data from 2017 through 2021, covers approximately 6% of Oakland's streets — yet those streets generate more than 60% of the city's severe and fatal crashes. Source: Oakland Department of Transportation, 2024 HIN — All Modes, OakGIS.

The corridors on the pedestrian-specific HIN layer include: 10th Street, 14th Avenue, 14th Street, 69th Avenue, 73rd Avenue, 75th Avenue, 82nd Avenue, 8th Street, Claremont Avenue, East 10th Street, Foothill Boulevard, Fruitvale Avenue, Harrison Street, Hegenberger Road, High Street, International Boulevard, Jackson Street, Lakeshore Avenue, MacArthur Boulevard, Madison Street, Market Street, Martin Luther King Jr. Way, Park Boulevard, San Pablo Avenue, Seminary Avenue, Telegraph Avenue, and Webster Street, among others.

When a pedestrian is struck on a street that the city has published on its High Injury Network, that publication is relevant to claims against the City of Oakland. Government Code § 835 requires proof that the city had notice of a dangerous condition in time to protect against it. A city that has identified a specific corridor as a high-injury street on its own published map has created a documented record of that notice. Whether the published HIN satisfies the notice element in any specific case depends on the particular condition involved and the facts of the crash — but it is part of the foundation for any claim against the city arising from a crash on a named HIN corridor. People injured on these streets have used the city's own HIN in legal proceedings to argue the city was aware of the dangerous conditions and failed to act. The Oaklandside, June 2024.

Legal Framework for Pedestrian Accident Claims

A pedestrian injured by a driver's negligence has a claim against that driver under the standard California negligence framework. Every driver owes a duty of ordinary care to pedestrians under Civil Code § 1714. Vehicle Code § 21950 requires drivers to yield the right of way to pedestrians in marked or unmarked crosswalks. Failure to yield is both a statutory violation and evidence of negligence. Jury Instruction CACI 700 addresses the vehicle operator's duty; CACI 713 addresses yielding to pedestrians.

California's pure comparative fault rule applies. Civil Code § 1714; Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A pedestrian who crosses against a signal or outside a crosswalk may have their recovery reduced by their percentage of fault — but not eliminated. The defense will typically raise comparative fault in any pedestrian case. Whether that argument has merit depends on the specific facts: the visibility of the pedestrian, the speed and conduct of the driver, and what the pedestrian was doing at the moment of impact.

Damages include economic losses — medical expenses limited to amounts paid or owed under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, lost earnings, future care needs — and noneconomic losses including pain and suffering, emotional distress, and loss of enjoyment of life. CACI 3905A. Pedestrian injuries frequently involve fractures, traumatic brain injuries, and spinal injuries requiring long-term care. Future damages must be proven to a reasonable certainty. CACI 3904A.

The statute of limitations is two years from the date of the accident. Code of Civil Procedure § 335.1. This deadline can potentially bar a claim if missed. Tolling may apply in limited circumstances.

When the City of Oakland May Be Liable

If a pedestrian crash involves a dangerous condition of a public street — a missing curb cut, a failed crosswalk signal, inadequate lighting, an obstructed sightline, or a road design defect — a claim against the City of Oakland may arise under Government Code § 835. To establish public entity liability, a claimant must show the property was in a dangerous condition, the condition caused the injury, the risk was foreseeable, and either a city employee created the condition or the city had actual or constructive notice of it in time to correct it. Jury Instruction CACI 1100.

The six-month government claims deadline applies. Government Code § 911.2. A written claim must be submitted to the Oakland City Attorney's Office, 1 Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612, within six months of the date of the crash — regardless of how serious the injury is. Failing to file that claim bars a lawsuit against the city. Government Code § 945.4.

Hit-and-Run Pedestrian Crashes

Oakland ranked first out of 15 comparable California cities for hit-and-run crashes in 2023 — 499 fatal and injury crashes where a driver fled. California Office of Traffic Safety, Crash Rankings 2023. When the at-fault driver cannot be identified, the pedestrian's own uninsured motorist coverage — if any exists — becomes the primary source of compensation. Insurance Code § 11580.2. A pedestrian who does not own a vehicle may be covered under a household member's policy. Whether coverage exists and in what amount requires review of the specific policy terms.

Where Oakland Pedestrian Cases Are Filed

Oakland pedestrian accident lawsuits are filed in Alameda County Superior Court, René C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612. Alameda County's Direct Calendar system (Local Rule 3.120) assigns each case to a single judge for all purposes including trial. Form 202-19 (Civil Case Cover Sheet Addendum) is required at filing.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Bicycle Accident Attorney
• Oakland Car Accident Attorney
• Oakland Wrongful Death Attorney
• Oakland Catastrophic Injury Attorney

Attorney Michael Rehm handles pedestrian accident cases throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange 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.