Home / San Juan Capistrano Pedestrian Accident Attorney
This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If you were hit by a car while walking in San Juan Capistrano, a pedestrian accident attorney can help you recover compensation for your medical bills, lost income, and pain and suffering. California law requires drivers to yield to pedestrians in crosswalks, and when a careless driver breaks that rule, they can be held responsible for the harm they cause.
Cefali & Cefali is based right here in San Juan Capistrano. We represent pedestrians injured on Camino Capistrano, Del Obispo Street, Ortega Highway, and throughout South Orange County. Call (949) 325-7790 for a free consultation. You pay nothing unless we win.
Why Pedestrian Accidents Happen in San Juan Capistrano
San Juan Capistrano draws heavy foot traffic. Visitors walk between Mission San Juan Capistrano, the Los Rios Historic District, and the train station, while commuters cut through downtown to reach the I-5 and Ortega Highway. That mix of tourists, locals, and through traffic creates real danger for people on foot. Common causes of pedestrian crashes include:
Failure to yield at crosswalks: Drivers turning at intersections often look for cars and miss people in the crosswalk.
Speeding: Even a few miles per hour over the limit greatly increases the force of impact and the risk of serious injury.
Backing up in parking lots: Busy shopping centers and restaurant lots see frequent back-over accidents.
Impaired driving: Drunk or drugged drivers react slowly and often fail to notice pedestrians at night.
What to Do After Being Hit by a Car
If you are able, these steps protect your health and your claim:
Get medical care. Call 911. Head injuries and internal bleeding may not show symptoms right away.
Report the crash. San Juan Capistrano contracts with the Orange County Sheriff's Department for police services. Make sure a report is taken.
Document the scene. Photograph the crosswalk, signals, the vehicle, and your injuries.
Get witness names. Bystanders, shop owners, and other drivers can confirm what happened.
Do not talk fault with the insurer. Speak with a lawyer before giving any recorded statement.
California Pedestrian Right-of-Way Laws
California law sets clear rules for when drivers and pedestrians must yield:
Vehicle Code § 21950: Drivers must yield to pedestrians in any marked or unmarked crosswalk and must slow down and use care to protect them.
Vehicle Code § 21954: Pedestrians crossing outside a crosswalk must yield to vehicles, but drivers still must use due care for anyone in the roadway.
The Freedom to Walk Act (AB 2147): Since 2023, police generally cannot ticket pedestrians for crossing mid-block unless there was an immediate danger of a collision.
California also follows pure comparative negligence. If an insurer claims you were partly to blame, for example because you crossed outside a crosswalk, you can still recover compensation. Your award is reduced only by your share of fault.
Who Can Be Held Responsible?
The driver who hit you is usually responsible, but other parties may share liability:
Employers: If the driver was working, such as making a delivery, the company may be liable.
Rideshare companies: Uber and Lyft carry up to $1 million in liability coverage when a driver is on a trip.
Public agencies: Faded crosswalks, broken signals, or poor lighting may make a city, county, or Caltrans responsible. A claim against a public entity must be filed within six months.
Property owners: Parking lot design or overgrown landscaping that blocks visibility can create liability.
Common Pedestrian Accident Injuries
Pedestrians have no protection against a vehicle, so injuries are often severe. Seriously injured pedestrians in South Orange County are frequently treated at Mission Hospital in Mission Viejo, the area's trauma center. Common injuries include:
Leg, knee, and pelvic fractures from the bumper's direct impact.
Spinal cord and back injuries that can cause chronic pain or paralysis.
Internal injuries such as organ damage and internal bleeding.
Road rash, cuts, and scarring from being thrown onto the street.
Compensation for Pedestrian Accident Victims
An injured pedestrian can recover damages for both current and future losses, including:
Medical expenses: Emergency care, surgery, hospital stays, rehabilitation, and future treatment.
Lost income: Missed wages and reduced ability to earn in the future.
Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of life.
Punitive damages: In rare cases involving extreme misconduct, such as a drunk driver, under Civil Code § 3294.
California does not cap pain and suffering damages in a pedestrian accident case. If a pedestrian was killed, surviving family members may be able to bring a wrongful death claim.
Hit-and-Run and Uninsured Drivers
Under Vehicle Code § 20001, a driver who injures someone must stop. If the driver fled, we work with law enforcement, review nearby business and traffic cameras, and track down witnesses to identify them. See our guide to California hit-and-run law for more.
If the driver is never found or has no insurance, your own uninsured motorist coverage may still apply, even though you were on foot. Learn more about accidents with uninsured drivers.
How Long Do You Have to File?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit under Code of Civil Procedure § 335.1. If a public agency is involved, the deadline to file a government claim is six months. Evidence like surveillance video is often erased within days, so it is best to act quickly.
How Our San Juan Capistrano Team Helps
Our office is at 27136 Paseo Espada, Suite 1123, in San Juan Capistrano. When you hire us, we:
Investigate the crash and preserve video and physical evidence.
Push back when the insurer tries to blame you for where or how you crossed.
Document your full losses, including future medical care.
Handle all communication with the insurance companies.
Negotiate a fair settlement or take your case to court in Orange County if needed.
Do pedestrians always have the right-of-way in California?
Not always. Drivers must yield to pedestrians in marked and unmarked crosswalks under Vehicle Code § 21950. Outside a crosswalk, pedestrians must yield to vehicles under § 21954, but drivers must still use due care to avoid hitting anyone.
Can I recover compensation if I was jaywalking?
Yes. California follows pure comparative negligence, so crossing outside a crosswalk does not bar your claim. Your compensation may be reduced by your share of fault, but it is not eliminated.
How long do I have to file a pedestrian accident claim?
You generally have two years from the accident to file a personal injury lawsuit in California. If a government agency is involved, you must file a claim within six months.
What if the driver who hit me drove away?
Report the hit-and-run to law enforcement right away. A lawyer can help identify the driver through video and witnesses, and if the driver is never found, your uninsured motorist coverage may pay for your injuries.
How much does a pedestrian accident lawyer cost?
Cefali & Cefali works on a contingency fee basis. There is no upfront cost, and you pay no attorney fee unless we recover compensation for you.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
