Santa Cruz Pedestrian Accident Attorney

Attorney Michael Rehm - (800) 978-0754

Pedestrian Accidents in Santa Cruz County

Attorney Michael Rehm represents pedestrians struck by vehicles throughout Santa Cruz County. In 2023, Santa Cruz County recorded 80 pedestrian accident victims — ranking 11th worst among California's 58 counties, according to the California Office of Traffic Safety. In Watsonville, 27 pedestrian victims ranked 4th worst among comparable California cities; pedestrians under 15 ranked 3rd worst. In Capitola, pedestrians 65 and older ranked 1st worst among comparable cities that year.

Over the 12 years from 2013 to 2024, 20 pedestrians were killed in Watsonville and 14 in the city of Santa Cruz, according to Santa Cruz Local. The most dangerous pedestrian corridors in the county are concentrated on state highways with higher speed limits: Freedom Boulevard, Highway 152, and Highway 129 in Watsonville, and Ocean Street in Santa Cruz. Research from the U.S. Department of Transportation shows the direct relationship between vehicle speed and pedestrian fatality risk: a pedestrian struck at 23 mph has a 10 percent chance of dying; at 42 mph, that risk rises to 50 percent; at 50 mph, 75 percent.

The Legal Basis for a Pedestrian Accident Claim

California Civil Code §1714 imposes a duty of ordinary care on every person operating a vehicle. Vehicle Code §21950 requires drivers to yield the right of way to pedestrians crossing in a crosswalk. This duty applies whether the crosswalk is marked or unmarked — intersections create crosswalks as a matter of law. A driver who strikes a pedestrian in a crosswalk has violated §21950, which is evidence of negligence.

Vehicle Code §21954 governs pedestrians crossing outside a crosswalk: a pedestrian crossing at a point other than a crosswalk must yield to vehicles. The defense may invoke §21954 in cases where a pedestrian crossed mid-block. That is a defense the defendant must raise and prove — it does not automatically bar recovery. Under California's pure comparative fault system, any fault on the pedestrian's part reduces the recovery proportionally. It does not eliminate it.

The California Supreme Court confirmed in Rowland v. Christian (1968) 69 Cal.2d 108 that ordinary care is the default rule — no exception exists for pedestrian accidents on public roads.

UM/UIM Coverage for Pedestrians

A pedestrian struck by an uninsured or hit-and-run driver may have a valid claim under their own automobile insurance policy. Insurance Code §11580.2 requires that UM/UIM coverage apply to any insured injured by a motorist — the insured does not need to have been in a vehicle. A person struck while walking down Ocean Street, crossing a crosswalk on Freedom Boulevard, or waiting at a bus stop may have UM/UIM coverage available under their own policy. This coverage must be evaluated immediately — certain policy provisions impose notice requirements that, if missed, can affect the right to recover.

What Damages Are Recoverable

Civil Code §3333 provides that damages cover all detriment proximately caused, whether anticipated or not. Pedestrian accidents commonly produce orthopedic injuries, traumatic brain injuries, and internal injuries that require extensive medical treatment. Civil Code §3283 permits recovery of future damages — ongoing medical care, rehabilitation, and lost earning capacity — in addition to past economic losses and noneconomic damages for pain, suffering, and loss of enjoyment of life.

How Pedestrian Cases Proceed in Santa Cruz Superior Court

Pedestrian accident lawsuits are filed at the Santa Cruz County Courthouse, 701 Ocean Street, Santa Cruz. Under Local Rule 2.1.01, the first case management conference is set approximately 120 days after filing. According to Judicial Council data for fiscal year 2022–23, Santa Cruz Superior Court reported zero personal injury jury trials. Cases settle in the vast majority of instances — but the insurer's willingness to pay fair value is driven by whether the opposing attorney is prepared to try the case.

The Statute of Limitations

Code of Civil Procedure §335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts. Contact Attorney Michael Rehm to assess the timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles pedestrian accident cases throughout Santa Cruz 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 only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.