San Mateo Pedestrian Accident Lawyers
If you were injured in a pedestrian accident in San Mateo, you have legal rights. California law may allow you to file a personal injury claim. Through it, you could pursue compensation for your losses from the party whose negligent actions caused your accident.
San Mateo County recorded 245 pedestrians killed or injured in crashes in 2023, ranking 12th among California’s 58 counties. Pedestrians aged 65 and older face a higher risk, as the county ranked 6th statewide, according to the California Office of Traffic Safety.
After a pedestrian crash in San Mateo, important evidence may include the collision report, surveillance footage, witness statements, and records from the roadway or property where the crash occurred. The investigating agency may include the San Mateo Police Department (SMPD) or California Highway Patrol (CHP), depending on where and how the collision occurred. El Camino Real runs through San Mateo as State Route 82, making state and local records potentially relevant in some cases.
Arash Law’s San Mateo pedestrian accident lawyers help handle these claims by investigating the crash, identifying available evidence, and determining who may be liable. Ultimately, they help injured pedestrians pursue compensation. Our firm has recovered more than $1 billion for injured clients across California. We handle pedestrian accident cases on a contingency fee basis under a written agreement, so clients do not pay the attorney’s fees up front. We only take a percentage of what we recover for them.
Call: (888) 488-1391 (24-hour line)
Reviewed by: Arash Khorsandi, Esq., California State Bar #249405, admitted 2007, last reviewed September 2026.
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Why San Mateo County Pedestrian Accident Cases Are Different
California pedestrian injury law applies throughout San Mateo County. Still, the location of a crash can affect which agency investigates it, which public entity controls the roadway or signal, and where important evidence is kept. These local jurisdiction issues can also affect whether a claim involves only a negligent driver or includes a government entity responsible for a dangerous roadway condition:
State Route 82, commonly known as El Camino Real, runs through multiple San Mateo County communities, including San Mateo, Burlingame, Hillsborough, and Millbrae. It has multiple pedestrian crossings. However, it also ranks among the most dangerous intersections and freeways in San Mateo, making those crossings especially hazardous. Caltrans controls the state highway and frequently carries out pedestrian and roadway improvements along portions of the corridor. If roadway design, maintenance, construction, or a state-controlled signal contributed to a pedestrian crash, Caltrans records and California’s public entity claim rules may become relevant.
What makes San Mateo County pedestrian cases different is not a separate set of personal injury laws. It is how California law applies to the county’s combination of state highways, city streets, Caltrain facilities, local police departments, and public agencies. Correctly identifying who controlled the crash location, who investigated it, and who holds the relevant evidence can materially affect how a claim proceeds.
Who Can File a Pedestrian Accident Claim in San Mateo County?
Pedestrians injured because of another party’s negligence may pursue a personal injury claim in San Mateo. Claims can also be brought on behalf of injured children, while certain relatives may have separate rights when a pedestrian suffers severe injuries or dies.
The following people may be entitled to file:
- Injured Adults and Children: Adults may bring claims for their own injuries, while a parent, guardian, or a court-appointed guardian ad litem generally brings claims for minors. Such victims can include children struck near Franklin Elementary in Burlingame, other school zones, crosswalks, parking lots, or roadways throughout the county.
- Pedestrians Injured Near Transit Facilities: People struck near Caltrain stations, bus stops, rail crossings, or other transit areas may pursue claims against responsible parties. Local examples include the station areas in Burlingame, Millbrae, San Mateo, and Redwood City, but eligibility extends beyond transit-related crashes.
- Passengers Getting In or Out of Rideshare Vehicles: A pedestrian hit while getting into or out of an Uber, Lyft, taxi, or other vehicle may have a claim against the negligent driver and, depending on the rideshare driver’s app status at the time, against the rideshare platform’s commercial policy.
- Wrongful Death Claimants: Under California Code of Civil Procedure (CCP) § 377.60, a surviving spouse, domestic partner, children, and certain other qualifying individuals may bring a wrongful death claim after a fatal pedestrian crash, whether it occurs on El Camino Real, a city street, or another county roadway.
- Loss of Consortium Claimants: A spouse or registered domestic partner may have a separate loss of consortium claim when a pedestrian survives but suffers serious injuries that substantially interfere with the marital relationship.
How Arash Law Pursues El Camino Real and Caltrain Corridor Crashes in San Mateo County
Arash Law helps injured pedestrians investigate fault, preserve evidence, document their losses, and pursue compensation from responsible parties and insurers. Because San Mateo County includes city streets, Caltrans highways, Caltrain facilities, and roads controlled by different public agencies, we identify who investigated and controlled the crash location before building the claim.
Here is how we can help:
Arash Law handles pedestrian accident cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you.Â
Call our 24-hour line at (888) 488-1391.
Serious Pedestrian Injuries In San Mateo County And How They Affect Claims
The type and severity of your injuries can directly affect the medical evidence you need, the damages you incur, the necessity of future care, and the value of a San Mateo County pedestrian accident claim. Serious injuries may require hospitalization, rehabilitation, time away from work, or long-term treatment, all of which should be documented when pursuing compensation.
Common injuries after serious pedestrian accidents include:
| Injury Type | Description | Potential Impact |
|---|---|---|
| Traumatic Brain Injuries (TBIs) | Head injuries from striking a vehicle, windshield, or pavement. | Memory loss, cognitive or behavioral changes, reduced earning capacity, inability to work, or loss of independent living capacity. |
| Spinal Cord and Back Injuries | Back, spine, or spinal cord injuries from being thrown or twisted, or from landing hard on pavement. | Surgery, rehabilitation, use of assistive devices, home modifications, or long-term care. |
| Leg, Hip, and Pelvic Fractures | Broken bones from when a vehicle strikes a pedestrian’s lower body or when the pedestrian falls to the ground. | Surgery, physical therapy, mobility aids, extended time away from work, or chiropractic sessions. |
| Internal and Crush Injuries | Internal damage (including internal bleeding or organ damage) from a strong impact or getting pinned by a car. | May require emergency treatment, surgery, hospitalization, or follow-up care. |
| Soft-Tissue and Nerve Injuries | Muscle, ligament, tendon, or nerve injuries, caused by impact, twisting, or a hard fall. | Persistent pain, weakness, numbness, or reduced mobility even without a fracture. |
| Lacerations and Scarring | Cuts, scrapes, or deeper wounds from contact with a vehicle, glass, or pavement. | May require wound care, medical or surgical treatment, or scar-revision treatment. |
| Psychological Injuries | Emotional or mental health injuries after a serious crash, such as post-traumatic stress disorder (PTSD), anxiety, or depression. | May affect work, sleep, mobility, and daily activities; may require counseling or other treatment. |
San Mateo Medical Center provides 24-hour emergency care within the county. However, patients with severe trauma may be transported through San Mateo County’s trauma system to Stanford Health Care or Zuckerberg San Francisco General Hospital, depending on where the crash occurs. Because San Mateo County does not have a designated trauma center, it relies on facilities such as these.
Medical records, imaging, and a doctor’s notes on your treatment, work restrictions, and future care needs can help document how the pedestrian’s injuries affect the value of a claim. A San Mateo personal injury lawyer can help you gather these documents.
What Damages Can You Recover from a Pedestrian Accident in San Mateo County?
An injured pedestrian in San Mateo County may recover economic damages, non-economic damages, property losses, and, in some cases, punitive damages. Certain family members may also have separate wrongful death or loss of consortium claims, depending on the circumstances.
- Economic Damages: These include measurable financial losses resulting from the crash, such as emergency care, surgery, hospitalization, rehabilitation, medication, future medical treatment, lost wages, and reduced earning capacity. Damaged personal property, such as clothing or a phone, may also be recoverable.
- Non-Economic Damages: These may include pain and suffering, emotional distress, PTSD, loss of enjoyment of life, and permanent scarring. For example, injuries may prevent someone from walking at Coyote Point Recreation Area in San Mateo, visiting Bayfront Park in Millbrae, or returning to everyday activities in Redwood City or Daly City.
- Wrongful Death Damages: When a pedestrian accident is fatal, qualifying family members (CCP § 377.60) may seek funeral and burial expenses, lost financial support, and compensation for the loss of love, companionship, and guidance (CCP § 377.61).
- Loss of Consortium: A spouse or registered domestic partner may pursue a separate claim when serious injuries interfere with companionship, affection, assistance, or other aspects of the relationship.
- Punitive Damages: Under Civil Code § 3294, punitive damages may be available when a defendant acts with malice, oppression, or fraud. For example, they may be considered when a driver strikes a pedestrian on El Camino Real, Mission Street in Daly City, or another county roadway while engaging in especially reckless conduct.
Before you accept any settlement offer, consult with an attorney. Insurance companies often present initial offers that do not account for future medical costs or non-economic losses. The value of a claim depends on the injuries, available evidence, insurance coverage, and other case-specific factors. An attorney can review which categories of damages may apply before you accept a settlement.
Which Insurance Policy Applies to San Mateo Pedestrian Accidents
The applicable insurance policy depends on who caused the pedestrian accident and what coverage was in effect. A San Mateo County claim may involve the at-fault driver’s auto policy, UM/UIM coverage, rideshare or commercial insurance, or multiple sources of coverage.
- At-Fault Driver’s Auto Liability Policy: This is often the primary source of compensation when a driver causes the crash. California’s minimum bodily injury liability limits increased to $30,000 per person and $60,000 per accident for policies issued or renewed on or after January 1, 2025.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: California insurers must offer UM/UIM coverage under Insurance Code § 11580.2, although policyholders may reject or reduce it in writing. A pedestrian covered by an applicable auto policy may be able to use UM/UIM benefits when the responsible driver is uninsured, underinsured, or cannot be identified after a qualifying hit-and-run.
- Rideshare Platform Policies: If an Uber or Lyft driver strikes a pedestrian while logged into the app, rideshare insurance may apply. Available coverage depends on whether the driver was waiting for a request, traveling to pick up a passenger, or transporting one.
- Employer and Commercial Fleet Policies: When a delivery driver, work vehicle, or commercial fleet vehicle causes the crash, commercial auto coverage may apply. Additional coverage may also be available through an employer or umbrella policy, depending on the circumstances and policy terms.
- Government Entity Claims: If a dangerous crosswalk, signal, sidewalk, or roadway condition contributed to the pedestrian accident, a city, San Mateo County, Caltrans, or another public entity may potentially be liable. Special government-claim requirements and deadlines apply to these cases.
More than one coverage source may apply to the same accident, so identifying the responsible parties and available policies can materially affect the compensation available. San Mateo car accident lawyers can help you identify whether a private vehicle driver, a rideshare company, or a public entity can be held liable and what your options are.
How Do You Prove Fault in a San Mateo County Pedestrian Accident?
To prove fault in San Mateo County pedestrian accidents, the injured person generally must show that another party owed a duty of care, breached that duty, caused the injury, and that the incident resulted in compensable damages.Â
Evidence may include crash reports, surveillance footage, witness statements, signal records, vehicle data, and medical documentation. Depending on where the collision occurred, relevant records may come from the SMPD, the CHP, another local police department, Caltrans, or a city or county agency.
The Four Elements of Negligence
A pedestrian injury claim generally requires proof of four elements of negligence:
How Does Shared Fault Affect a Pedestrian Claim?
Shared fault does not automatically prevent recovery. California follows pure comparative negligence, which means the injured person’s percentage of responsibility generally reduces their compensation.
For example, a pedestrian who crossed outside a marked crosswalk near El Camino Real in San Mateo or Broadway in Redwood City may still recover damages if a speeding or distracted driver also contributed to the crash. If the pedestrian is found 25% at fault, the recoverable damages are generally reduced by 25%.
Who May Be Liable for a San Mateo County Pedestrian Accident?
Liability depends on what caused the crash, and more than one party may be responsible.
- Negligent Drivers: A driver may be liable for conduct such as speeding, being distracted, driving impaired, or failing to yield.
- Employers: An employer may share responsibility when an employee causes a crash while acting within the scope of employment.
- Rideshare Drivers and Applicable Insurers: If an Uber or Lyft driver is involved, available coverage can depend on the driver’s app status at the time of the crash.
- Government Entities: A city, San Mateo County, Caltrans, or another public agency may be liable if a dangerous public-property condition contributed to the injury. Examples may involve city streets in Daly City or South San Francisco, county-maintained roads in unincorporated areas, or state-controlled portions of El Camino Real.
- Vehicle or Component Manufacturers: A manufacturer may be liable if a defective vehicle or component contributed to the collision.
What to Expect During a San Mateo Pedestrian Accident Claim
After a pedestrian accident in San Mateo, a claim typically moves from evidence collection and insurance review to settlement negotiations and, if necessary, litigation. The exact timeline depends on the injuries, available evidence, insurance coverage, and whether the parties dispute fault or damages.
Although cases may follow different stages, here’s what typically happens:
- Obtain reports and preserve evidence. Your attorney requests records from the San Mateo Police Department, the CHP, or other responding agencies and takes steps to preserve available video, photographs, vehicle data, and other evidence before it is lost.
- Contact witnesses and investigate what happened. Your attorney interviews available witnesses, reviews the crash location, and gathers additional records to determine how the collision occurred and who may be legally responsible.
- Identify available insurance coverage. Counsel reviews the driver’s liability policy and checks for other potentially applicable coverage, including employer, rideshare, commercial, or UM/UIM insurance when relevant.
- Document injuries and submit a demand. Once the claimant’s injuries, treatment, lost income, and other damages are sufficiently documented, the attorney presents a settlement demand to the appropriate insurer and handles negotiations.
- File a lawsuit if a settlement is not reached. If negotiations do not resolve the claim, the attorney can file a lawsuit in the appropriate court, such as the San Mateo County Superior Court. The case can then proceed through discovery, motions, further settlement discussions, and, if necessary, trial.
Throughout the process, claimants should continue appropriate medical care, keep records of accident-related losses, and promptly provide requested information to their attorney.
Filing Deadlines Every San Mateo County Pedestrian Accident Victim Needs to Know
California sets different filing deadlines depending on who caused the pedestrian accident and what damages are being claimed. Most injury lawsuits against private parties have a two-year deadline, while claims involving a government entity generally require an administrative claim within six months.
Two-Year Deadline for Personal Injury
Most pedestrian injury lawsuits against private parties must be filed within two years of the injury under CCP § 335.1. This deadline commonly applies to cases against negligent drivers and other private parties, including those involving distracted driving, failure to yield at a crosswalk, or speeding through a residential area.
Special Rules for Injured Minors
California generally tolls the statute of limitations for minors under CCP § 352, meaning the two-year deadline for a personal injury lawsuit typically does not begin running until the injured pedestrian turns 18. This tolling rule applies to standard cases against private parties such as negligent drivers.
Three-Year Deadline for Property Damage
California generally allows three years to bring an action for damage to personal property under CCP § 338. This can include a phone, bicycle, clothing, or other property damaged in the collision.
Six-Month Government Claim Deadline
Pedestrian injury claims against a California public entity generally must first be presented within six months under Government Code § 911.2. This can apply when a dangerous roadway condition or another act or omission by a public entity contributed to the crash.
In San Mateo County, the correct filing office depends on the responsible agency:
- City of San Mateo: City Clerk, 330 West 20th Avenue.
- San Mateo County: Clerk of the Board of Supervisors.
- Daly City: City Clerk’s Office, 333 90th Street.
- Redwood City: Office of the City Clerk, 1017 Middlefield Road.
- San Bruno: City Clerk’s Office, 567 El Camino Real.
- Caltrans or Another State Agency: California Government Claims Program, although Caltrans claims of $12,500 or less can be submitted to Caltrans directly.
Other cities, including South San Francisco, generally maintain their own claim procedures and forms.
Evidence Can Disappear Before the Deadline
Even when months or years remain to file, surveillance footage, vehicle data, roadway records, and witness recollections can become unavailable much sooner. Preserving evidence early can therefore be critical to a pedestrian accident claim.
Results Arash Law Has Achieved for Pedestrian Accident Clients
Arash Law has secured significant recoveries for pedestrians struck by negligent drivers across California. The results below reflect a range of injury severities, liability disputes, and coverage situations. They show how evidence, insurance coverage, and litigation strategy can affect the outcome of a serious pedestrian accident claim:
The case results displayed above are based on unique facts and circumstances specific to each matter. Every case is different, and results will vary based on the injuries sustained, the available insurance coverage, the at-fault party’s conduct, and other factors. Nothing on this page constitutes a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Talk to Arash Law About Your San Mateo County Pedestrian Accident Claim
Arash Law is here to support you after a pedestrian accident. If you want to find a personal injury lawyer in San Mateo who can review your situation, call (888) 488-1391 today to schedule your free case evaluation. Our lines are open 24 hours a day, 7 days a week.
Evidence can disappear within hours. The sooner you call, the more proof we can preserve. There is no attorney’s fee unless we recover compensation on your behalf.
Frequently Asked Questions About Pedestrian Accidents in San Mateo County
The questions below address the objections and concerns San Mateo County pedestrian accident victims most commonly raise when deciding whether to pursue a claim.
What if the Driver Says I Stepped into Traffic?
What if There Were No Witnesses to My Accident?
Can I Recover Compensation If I Was Partially at Fault?
What if the Driver Who Hit Me Fled the Scene?
What if I Was Crossing Outside a Marked Crosswalk?
What if a Government Agency Is Responsible for the Road Condition That Caused My Crash?
Do I Pay the Attorney’s Fees If Arash Law Does Not Win My Case?
No attorney’s fee is owed if Arash Law does not obtain a recovery for you under its contingency fee arrangement. The written fee agreement governs any responsibility for litigation costs.
Contact Our San Mateo County Pedestrian Accident Lawyers Today
Arash Law’s pedestrian accident attorneys understand the agencies and records that may be involved in crashes along El Camino Real, around Caltrain crossings, and elsewhere in San Mateo County. That local knowledge can help identify the investigating agency, roadway authority, and sources of potentially relevant evidence.
Our attorneys serve injured pedestrians and their families throughout San Mateo County. Arash Law handles all pedestrian accident cases on a contingency fee basis, so you pay no fees unless we win.
Call (888) 488-1391, 24 hours a day, 7 days a week, for a free case evaluation. There is no cost to speak with us and no obligation to hire us afterward.
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