Pedestrian Accident Lawyer in Bakersfield

If a car hit you while you were walking, you are probably in pain, overwhelmed, and wondering what to do next. Our Bakersfield pedestrian accident lawyers understand you may be facing medical bills you were not expecting and time away from work. Phone calls from insurance adjusters who don’t have your best interests in mind. That is a hard place to be.

At J&Y Law, we represent pedestrians who were seriously injured in Bakersfield and throughout California. You pay nothing unless we recover for you.

Bakersfield Pedestrian Accidents: One of the Most Dangerous Cities California

Most personal injury firms tell you that pedestrian accidents are dangerous. Our pedestrian accident attorneys in Bakersfield tell you why our city in particular deserves your attention—because the data here is different from most cities, and it affects your case.

Bakersfield ranked 4th among the 101 largest U.S. cities for pedestrian fatality rate per 100,000 residents over the five-year period from 2018 to 2022, according to Dangerous by Design 2024, published by Smart Growth America. During that same period, 181 pedestrians were killed in Bakersfield—a 19.9% increase over the five years before it.

Kern County recorded 55 pedestrian fatalities in 2024, surpassing 2023’s total of 54. That marks four consecutive years with more than 50 pedestrian deaths in the county. Of those 55 deaths in 2024, 43 occurred at night.

In 2024 alone, California’s Transportation Injury Mapping System (TIMS) recorded at least 121 pedestrian accidents involving injuries in Bakersfield. That was down from 160 in 2023, but the numbers remain high. TIMS data also shows that 32 of those 2024 accidents were caused by hit-and-run drivers—meaning the person who hurt you may have fled the scene.

Where the Accidents Happen in Bakersfield

The most dangerous areas for pedestrians are downtown Bakersfield and east Bakersfield, with most accidents occurring between 6 p.m. and 8 p.m. Union Avenue has been the deadliest street for pedestrians in Kern County over recent years. TIMS recorded 12 pedestrian collisions involving injuries along Union Avenue in 2024 alone—resulting in at least three deaths. In 2023, seven people were killed on or directly adjacent to Union Avenue.

Other high-risk corridors include California Avenue, Ming Avenue at Stine Road, and the area near Gosford Road. These are wide, multi-lane roads where drivers move fast and crosswalks are often spaced far apart.

What Makes Bakersfield’s Streets So Dangerous

The pattern that emerges from the data is not random. Several specific factors put pedestrians in Bakersfield at higher risk:

Larger vehicles. Pickup trucks and SUVs are more prevalent in Kern County than in coastal California cities. Vehicles with higher hood heights are 45% more likely to cause fatal pedestrian accidents compared to smaller cars, according to safety research cited by the Governors Highway Safety Association.

Alcohol-impaired drivers. TIMS recorded 21 alcohol-related pedestrian accidents with injuries in Bakersfield in 2024. Five people died in those collisions.

Poor nighttime visibility. Nearly 80% of pedestrian fatalities in Bakersfield occur at night or at dusk. Many streets lack adequate lighting, and crosswalk markings on heavily traveled roads fade faster than they are repainted.

Hit-and-run drivers. Bakersfield has a documented hit-and-run problem. When a driver flees, it adds a layer of legal complexity to your case—but it does not necessarily mean you cannot recover compensation. An attorney can identify uninsured motorist coverage and other avenues.

Distracted driving. Traffic data consistently shows right-of-way violations as the leading cause of intersection crashes in Kern County. A driver who is on a phone or not paying attention may not see someone crossing the street until it is too late.

Our Bakersfield Pedestrian Accident Lawyers Explain Pedestrian Rights

California law gives pedestrians meaningful protections. Understanding the basics helps you know where you stand.

California Vehicle Code Section 21950 requires every driver to yield the right-of-way to pedestrians crossing in any marked or unmarked crosswalk at an intersection. Many drivers believe this only applies to painted crosswalks—that is incorrect. An unmarked crosswalk exists by law at any intersection where two streets meet, even without painted lines.

When a driver violates CVC 21950 and strikes a pedestrian, that driver may be found negligent per se—meaning the law presumes they were negligent because they violated a safety statute designed to protect pedestrians. In practice, negligence per se shifts the focus of a claim away from the question of fault and toward the extent of your injuries and damages.

California is a pure comparative fault state. Even if an insurance adjuster argues that you share some responsibility—say, for crossing slightly outside a crosswalk—you can still recover compensation. Your compensation is reduced by your percentage of fault, but not eliminated. A driver who was speeding, distracted, or impaired when they hit you carries the greater share of fault regardless of where you were crossing.

If a government entity—such as the City of Bakersfield or Caltrans—contributed to the accident through a poorly maintained crosswalk, missing signage, or inadequate lighting, a separate government claim may also apply. Government claims carry shorter deadlines than standard personal injury claims: under California Government Code Section 911.2, a claim against a public entity generally must be filed within six months of the incident.

What to Do After a Pedestrian Accident in Bakersfield

The steps you take in the first hours and days after an accident can significantly affect your claim. Here is what matters most.

Call 911. Even if you think your injuries are minor, get police to the scene. An official report documents the facts before they can be disputed. Get the report number before you leave.

Seek medical care immediately. Pedestrian accidents often cause injuries that do not appear serious right away—traumatic brain injuries, internal bleeding, and spinal damage can feel like bruising or soreness at first. Medical records also create a documented link between the accident and your injuries, which is the foundation of your claim.

Document the scene. If you are physically able, photograph the intersection, the vehicle, tire marks, any missing crosswalk paint, and your injuries. If witnesses stop, get their names and phone numbers.

Do not give a recorded statement to the driver’s insurance company. Adjusters are trained to ask questions in ways that produce answers useful to the insurance company, not to you. Anything you say before speaking with an attorney can be used to reduce your settlement. Politely decline and say you will follow up after consulting a lawyer.

Contact a pedestrian accident attorney. Evidence disappears quickly. Traffic camera footage is often overwritten within days. Witness memories fade. The sooner an attorney can begin gathering and preserving evidence, the stronger your claim.

What Compensation You May Be Entitled To

Pedestrian injuries are often severe. A person on foot has no protection from the force of a moving vehicle. Injuries in these cases frequently include broken bones, traumatic brain injuries, spinal cord damage, internal organ injuries, and road rash requiring skin grafts.

Compensation in a successful pedestrian accident claim typically covers:

• Medical bills, both past and future
• Lost wages and lost earning capacity
• Physical pain and suffering
• Emotional distress
• Costs of ongoing rehabilitation or in-home care
• Permanent disability or disfigurement

When the driver’s conduct was reckless—driving under the influence, for example, or fleeing the scene—California courts may also award punitive damages. These are intended to punish behavior that goes beyond ordinary negligence.

In cases where a pedestrian dies as a result of the accident, surviving family members may bring a wrongful death claim under California Code of Civil Procedure Section 377.60. Compensation in a wrongful death case can include funeral expenses, loss of financial support, and loss of companionship.

What Insurance Companies Do Not Tell You

Insurance adjusters contact pedestrian accident victims quickly—sometimes within 24 hours—and often present themselves as helpful. They are not on your side. Their job is to resolve claims for as little money as possible.

A few things adjusters commonly do that you should know:

They offer fast, low settlements. An early settlement offer is almost always less than what a case is worth. Once you accept, you typically waive the right to seek additional compensation, even if your injuries turn out to be more serious than they appeared.

They argue comparative fault aggressively. Even when a driver clearly failed to yield, adjusters will look for anything to argue that you contributed to the accident. In Bakersfield, where many accidents happen on roads without clearly marked crosswalks, the “you weren’t in a crosswalk” argument comes up frequently. An attorney who knows the relevant statutes can counter this.

They request recorded statements. As noted above, these are not routine formalities. They are tools. Decline until you have spoken with a lawyer.

How California’s Deadline Affects Your Case

Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline almost always ends your case—courts do not extend it because you did not know it existed.

If the accident involved a government entity—a city bus, a Caltrans vehicle, or a dangerous road condition the city failed to fix—the deadline to file an administrative claim is six months from the date of the incident, under Government Code Section 911.2. Missing that shorter deadline can bar a claim against the public entity entirely.

These deadlines mean that starting the process sooner rather than later is not just smart—it protects your legal rights.

Why Pedestrians Worry About Hiring a Lawyer (and Why Those Worries Are Understandable)

People who were hurt sometimes hesitate to call a law firm. Here are the most common concerns—and straight answers:

“I’m not sure I have a case.” That is exactly what a free consultation is for. You describe what happened, and an attorney tells you honestly what options exist. There is no obligation.

“I might have been partly at fault.” California’s pure comparative fault rule means you can still recover compensation even if you share some of the blame. Your award is reduced by your percentage of fault, not eliminated.

“I can’t afford a lawyer.” J&Y Law handles pedestrian accident cases on contingency. You pay no attorney fees unless we recover compensation for you. There is no cost to get started.

“I don’t want to deal with more stress.” Once you retain an attorney, you stop dealing with insurance adjusters directly. We handle the communications, the paperwork, and the negotiations. Your job is to focus on getting better.

What a Pedestrian Accident Attorney Does for Your Claim

If you have never worked with a personal injury attorney, you may not know what they actually do day to day. Our pedestrian accident attorneys handle every phase of the claim so you do not have to:

• Secure traffic camera footage, police reports, and witness statements before they disappear
• Request and review your full medical records to document the scope of your injuries
• Bring in accident reconstruction experts when fault is disputed
• Calculate the full value of your claim, including future medical costs and lost earning capacity
• Communicate with the insurance company on your behalf
• Negotiate for a fair settlement, and take the case to trial if the insurer refuses to pay fairly

A Note on Bakersfield’s Infrastructure—and What It Means for Your Case

One angle that most pedestrian accident pages skip is the role of road design in these accidents. In Bakersfield, infrastructure problems are not incidental—they are documented.

Union Avenue’s pedestrian danger was significant enough that Caltrans launched a safety improvement project for the corridor, including a lane reduction and dedicated bike and pedestrian space. The city received nearly $1.5 million in state Highway Safety Improvement Program funds for street safety projects in 2023.

Why does this matter legally? If a poorly maintained crosswalk, a missing walk signal, or inadequate street lighting contributed to your accident, the City of Bakersfield or another public entity may bear partial responsibility. These claims are distinct from a claim against the driver and carry their own rules and shorter deadlines. An attorney can identify whether a government claim is part of your case.

Comparative Fault: What Happens If You Were Crossing Outside a Crosswalk

One of the most common misconceptions in pedestrian accident cases is that crossing outside a marked crosswalk means you cannot recover compensation. That is not how California law works.

Even if you jaywalked, the driver still owed you a duty of care. A driver who was speeding, running a red light, impaired, or distracted cannot escape liability simply because you were not in a painted crosswalk. California’s pure comparative fault system assigns each party a percentage of fault. If you are found 20% responsible and the driver 80% responsible, you recover 80% of your total damages.

Contact J&Y Law for a Free Consultation

If you or someone in your family was struck by a vehicle in Bakersfield, call or text J&Y Law any time, 24/7, or complete a free case evaluation form online. There is no fee unless we recover for you.

We serve clients throughout California, including Bakersfield, Kern County, Los Angeles, San Diego, San Francisco, and Sacramento.

Legal information on this page has been reviewed by a California attorney at J&Y Law. This page does not constitute legal advice. Contact us directly to discuss the specific facts of your case.