Who Is at Fault When a Car Hits a Pedestrian in San Diego, CA?

Having the right of way doesn't automatically put a pedestrian in the clear. In California, fault after a car hits a pedestrian turns on negligence, with the driver's conduct and the pedestrian's conduct weighed side by side. Liam Perry, a former insurance-defense litigator and founder of Perry Personal Injury Lawyers in San Diego, tells McCartney how mid-block crossing shifts the duty to yield, how insurers use fault to lower a claim, and how dashcam video changed a case where the police report blamed his client. Key questions answered in this episode: How is fault decided when a driver hits a pedestrian? Is a pedestrian always in the right in a crosswalk? Who has to yield when someone crosses mid-block in California? Is safe mid-block crossing legal in California? Why is a friendly call from an insurance adjuster risky? Can you get medical treatment after a crash without health insurance? What shouldn't you tell police if you were jaywalking? Topics covered: negligence, California Vehicle Code 21950, marked and unmarked crosswalks, pedestrian right of way, mid-block crossing, jaywalking, the duty to yield, the Freedom to Walk Act, recorded statements, insurance adjusters, policy limits, UIM coverage, treatment gaps, Medi-Cal, police reports, dashcam and surveillance video, subpoenas, and focus groups. Notable from the episode: Liam Perry on crosswalk fault: "It's not a pedestrian is always right situation. There's a higher burden for drivers because pedestrians don't have this protection." Liam Perry on mid-block crossing: "If you're crossing mid block where there is no intersection, it actually shifts the duty to yield onto the pedestrian." Liam Perry on insurance adjusters: "Insurance companies, their job is to effectively build the case against you." Liam Perry on getting treated: "Oftentimes fault isn't clear in the early stages after a crash." About the guest: Liam Perry spent years on the insurance-defense side before switching to representing injured people. Free consultation: perrypi.com Phone: (760) 633-2233 Office: 614 Fifth Ave, Suite H1, San Diego, CA 92101 Recorded: September 2026 #PedestrianAccident #SanDiegoPedestrianAccident #CrosswalkLaw #PedestrianRightOfWay #FreedomToWalkAct #Jaywalking Recorded September 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current at the time you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state. Chapters 00:00:00 Welcome back to Personal Injury Law Uncovered with Liam Perry 00:00:26 How Is Fault Decided When a Driver Hits a Pedestrian? 00:02:29 Who Has to Yield When You Cross Mid-Block in California? 00:03:32 How Do Insurance Companies Use Fault to Lower a Pedestrian's Settlement? 00:05:52 Should You Get Medical Treatment If You Were Partly at Fault? 00:07:36 Can Dashcam Video Clear a Pedestrian Blamed in a Police Report? 00:09:32 What Shouldn't You Say to Police or Insurers If You Were Jaywalking?