Pedestrian Accident Lawyers in Bakersfield, California

Car Accident Lawyers of California • Abogados de Accidentes de California

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1. Pedestrian Accident Attorney Serving Bakersfield

Pedestrians are the most vulnerable users of public roadways. Without the protection of a vehicle, pedestrians struck by cars, trucks, or motorcycles suffer devastating injuries — leg and pelvic fractures, traumatic brain injuries from impact with the pavement, spinal cord damage, internal organ injuries, and in the worst cases, wrongful death. A pedestrian has no seatbelt, no airbag, and no chassis to absorb the impact.

In Bakersfield, pedestrian accidents are a serious and growing problem. Wide, high-speed arterials, insufficient marked crosswalks at many intersections, distracted drivers on cell phones, and inadequate streetlighting in residential areas create a deadly combination for people walking in the city.

At Car Accident Lawyers of California, Attorney Paula J. Khehra, Esq. has over 10 years of experience representing pedestrian accident victims in Bakersfield and throughout Kern County. Our firm has recovered over $100 million for accident victims. With a perfect 10.0 Avvo rating and recognized as a Super Lawyers Rising Star for 10 consecutive years (2017–2026), your case is in the best hands.

Pedestrian accident cases are particularly complex because insurance companies frequently try to blame the pedestrian — arguing they crossed outside a crosswalk, were not paying attention, or wore dark clothing. Our attorneys know how to fight these tactics and protect your rights under California law.

2. Why Choose a Local Attorney in Bakersfield?

Our attorneys know the streets, crosswalks, and traffic patterns in Bakersfield. We know which stretches of Highway 99, Highway 58, Interstate 5 are most dangerous for pedestrians, we are familiar with high pedestrian traffic zones like Valley Plaza Mall area along Ming Avenue, downtown Bakersfield along Chester Avenue and 19th Street, the Rosedale Highway commercial corridor, and we understand the local factors that contribute to pedestrian accidents. We also know the local courts and legal procedures that give your case a strategic advantage that out-of-area attorneys cannot match. Se habla español — Attorney Khehra is a native Spanish speaker who understands our community's needs.

3. Pedestrian Accidents in Bakersfield: High-Risk Areas

Bakersfield's sprawling layout means many commercial areas lack adequate sidewalks and crosswalks, forcing pedestrians to navigate wide, high-speed arterials like Ming Avenue and Rosedale Highway. The downtown area sees heavy foot traffic near restaurants, offices, and the Kern County courthouse, while residential neighborhoods in East Bakersfield often lack proper streetlighting. The most dangerous areas for pedestrians in and around Bakersfield include Valley Plaza Mall area along Ming Avenue, downtown Bakersfield along Chester Avenue and 19th Street, the Rosedale Highway commercial corridor, Union Avenue between California Avenue and Brundage Lane, school zones near Bakersfield High School and East Bakersfield neighborhoods. The most common types of pedestrian accidents in Bakersfield include: drivers failing to yield at crosswalks, right turns on red without checking for pedestrians, distracted driving from cell phones, parking lot strikes, and school zone accidents during drop-off and pick-up hours. Hit-and-run accidents are particularly devastating for victims who may be left without identifying the responsible driver — but our attorneys have experience investigating these cases and finding the driver.

4. California Laws That Protect Pedestrians

California has specific laws designed to protect pedestrians. Understanding these laws is crucial to maximizing your compensation:

California Laws Applicable to Your Pedestrian Accident Case

CVC §21950(a) — Drivers must yield the right-of-way to pedestrians crossing the roadway within any marked or unmarked crosswalk at an intersection. This is the most important law for pedestrian accident victims.

CVC §21954(a) — Outside of crosswalks, pedestrians must yield to vehicles. However, drivers must still exercise due care to avoid hitting a pedestrian under any circumstances.

CVC §21955 — Crossing between adjacent intersections controlled by traffic signals is prohibited (jaywalking). However, violating this law does not eliminate the driver's liability — California uses comparative negligence.

CVC §21453(d) — Drivers turning right on a red light must yield to pedestrians lawfully crossing. Many pedestrian accidents in Bakersfield occur when drivers turn without checking for pedestrians.

CCP §335.1 — You have two years from the date of the accident to file a personal injury lawsuit. If a government entity is responsible (e.g., missing crosswalks or inadequate lighting), you must file an administrative claim within six months.

Civil Code §1714 — Every person is responsible for injuries caused by their failure to exercise ordinary care. Drivers owe a heightened duty of care to pedestrians, who are more vulnerable than other road users.

5. Common Injury Types in Pedestrian Accidents

Pedestrian accident victims in Bakersfield frequently suffer severe injuries that require extensive medical treatment. Because pedestrians have no protection against a moving vehicle, injuries tend to be more severe than in vehicle-to-vehicle accidents. The most common injuries include: traumatic brain injuries (TBI) and concussions from impact with the vehicle or pavement, leg, hip and pelvic fractures from direct vehicle impact, spinal cord injuries and paralysis, internal organ damage, severe lacerations and permanent scarring, knee, ankle and foot injuries, facial and dental trauma, post-traumatic stress disorder (PTSD), and wrongful death. Children and elderly individuals are especially vulnerable to catastrophic injuries in pedestrian accidents.

6. What to Do After a Pedestrian Accident in Bakersfield?

Seek medical attention immediately — if you can move, do not leave the scene but get away from traffic. Go to Kern Medical Center, Adventist Health Bakersfield, Memorial Hospital, Bakersfield Heart Hospital as soon as possible, even if injuries seem minor. Internal and brain injuries may not manifest immediately. Do not apologize or admit fault — it is natural to say "I'm sorry" after an accident, but these words can be used against you. Simply report what happened. Document everything — if you can, take photos of the scene, vehicle positions, traffic signals, the presence or absence of crosswalks, and lighting conditions. Get names and phone numbers of all witnesses. Report the incident — call 911 to create an official record. A police report is crucial evidence for your pedestrian accident claim. Do not give recorded statements to insurance adjusters without first consulting an attorney. Insurance companies will try to argue you were partially at fault for walking in a non-designated area. Contact Car Accident Lawyers of California at 661-383-9387 for a free consultation. Se habla español — call 661-669-7362 for service in Spanish.

Obtain surveillance camera and dashcam video — in pedestrian accident cases, video is the most powerful evidence available. It can prove who had the walk signal, whether the driver was distracted by their phone, the vehicle's actual speed, and exactly how the impact occurred. But this evidence disappears quickly: most commercial surveillance systems overwrite recordings every 24 to 72 hours. Act immediately to identify nearby business security cameras — gas stations, stores, restaurants, banks, and parking lots that may have captured the accident. Check for municipal traffic cameras and red-light cameras operated by the local transportation department. Ask any driver who witnessed the accident to preserve their dashcam footage. Your attorney can send preservation letters to these businesses and government entities before the recordings are lost. Call Car Accident Lawyers of California at 661-383-9387 — the faster we act, the more likely we can recover this critical video. Hablamos Español: 661-669-7362.

7. Compensation Available for Pedestrian Accident Victims in Bakersfield

Pedestrians struck by vehicles in Bakersfield suffer the most devastating injuries of any traffic accident type because the human body has no protection against vehicle impact. The compensation available reflects the severity of these injuries.

Catastrophic medical expenses and lifetime care — Pedestrian injuries typically require multiple surgeries (orthopedic, neurological, reconstructive), extended hospitalization, intensive rehabilitation over months or years, and frequently lifetime medical care. Medical costs in serious pedestrian cases regularly exceed $500,000 and can surpass several million dollars for spinal cord injuries or traumatic brain injuries.

Disability adaptation costs — wheelchairs, prosthetics, walkers, home modifications (ramps, grab bars, accessible bathrooms, elevators), adapted vehicles, and lifetime assistive equipment. These costs are calculated by projecting your needs over your entire life expectancy. Uninsured motorist (UM) coverage for hit-and-run cases — If the driver who struck you fled the scene, you may be entitled to compensation under the UM coverage of your own auto insurance policy (if you have one) or the policy of a family member you live with.

Government liability for dangerous crosswalks — If your accident occurred at a crosswalk without adequate signage, without pedestrian signals, with obstructed visibility, or in an area without marked crosswalks where pedestrians frequently cross, the responsible government entity (city, county, or Caltrans) can be sued under Government Code §835. Remember the 6-month deadline to file the administrative claim against government entities.

Pedestrian-specific psychological trauma — severe fear of walking near traffic, anxiety when crossing streets, PTSD, recurring nightmares, and social isolation. In cases involving minors, childhood psychological trauma requires specialized long-term evaluation and treatment, and parents may also claim compensation for their own emotional suffering. Lost wages — including permanent loss of the ability to work if injuries result in disability. Punitive damages — available in hit-and-run cases, DUI crashes, or speeding in school or residential zones.

8. Case Example

Example: An East Bakersfield resident was walking along Union Avenue to his early morning shift when a speeding driver failed to see him due to inadequate street lighting. He suffered multiple leg fractures and a traumatic brain injury. Under California negligence law, the driver was held liable, and our firm also pursued a claim against the city for failing to maintain adequate lighting in that high pedestrian traffic area.

9. Frequently Asked Questions: Pedestrian Accidents in Bakersfield

What evidence is most important in a pedestrian accident case in Bakersfield?

The most valuable evidence includes: surveillance or traffic camera footage capturing the impact, the police report with witness statements, your medical records documenting injuries from day one, and photos of the scene showing visibility conditions, skid marks, and signage. It is also crucial to preserve the clothing and shoes you were wearing at the time of the accident, as they can show the point of impact. Our team acts quickly to secure surveillance video before it is deleted.

Can I recover compensation if I was jaywalking?

Yes. California follows a pure comparative negligence system. Even if you were crossing outside a crosswalk, the driver still had a duty to exercise due care to avoid hitting you (CVC §21954). Your compensation is reduced by your percentage of fault, but you can still recover. For example, if you were 30% at fault, you can still recover 70% of your total damages.

What if the driver fled the scene (hit-and-run)?

Hit-and-run accidents are common in pedestrian cases, but they do not mean you cannot recover compensation. Our attorneys work with investigators to locate the driver using surveillance cameras, witnesses, and physical evidence. If the driver is not identified, you may file a claim under your own uninsured motorist (UM) coverage. Drivers who flee face additional criminal charges under CVC §20001.

Can I file a claim if I was walking at night without reflective clothing?

Yes. California does not require pedestrians to wear reflective clothing. While visibility is a factor, drivers have a legal obligation to drive at a speed that allows them to stop for any visible obstacle on the road (CVC §22350). Additionally, if street lighting was inadequate, the city or county may also be partially liable. The lack of reflective clothing alone does not eliminate the driver's responsibility.

How much is my pedestrian accident case worth?

Pedestrian accident cases are generally worth more than vehicle-to-vehicle accidents because the injuries are more severe. The value depends on the severity of your injuries, medical expenses, lost wages, and the permanent impact on your quality of life. Cases involving traumatic brain injuries, pelvic fractures, spinal cord injuries, or wrongful death can result in significant compensation. Under California law, there is no cap on non-economic damages in pedestrian accident cases.

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

The statute of limitations in California (CCP §335.1) is generally two years from the date of the accident. However, if a government entity is partially responsible — for example, for failing to maintain marked crosswalks, inadequate lighting, or broken sidewalks — you must file an administrative claim within six months. Contact us as soon as possible to protect your rights.

Can the city be liable if there was no crosswalk or streetlight?

Yes. Under Government Code §835, public entities can be liable for dangerous conditions on public roadways they maintain. If the absence of a marked crosswalk, inadequate lighting, broken sidewalks, or defective signage contributed to your accident, our attorneys can pursue a claim against the city or county in addition to the at-fault driver.

Do children who are hit by cars have special rights?

Yes. California law recognizes that children cannot exercise the same level of care as adults. Drivers owe a heightened duty of care in areas where children are expected, such as school zones, parks, and residential areas. If a child was struck, the driver's liability is generally greater, and parents can file the claim on the minor's behalf.

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