Smart Growth America's 2024 "Dangerous by Design" report ranked Bakersfield fourth among the 101 largest metro areas in the country for pedestrian fatality rate. That ranking is not abstract. It reflects real collisions at intersections along Union Avenue, California Avenue, and White Lane where drivers fail to yield, run red lights, or never look up from their phones.
Bakersfield pedestrian accident lawyer Mickey Fine represents people who were struck by vehicles while crossing the street, walking through parking lots, or simply standing on a sidewalk in Kern County.
Contact The Law Office Of Mickey Fine Today To See How We Can Help.
Why Bakersfield Pedestrian Accident Victims Turn to Mickey Fine
Pedestrian injury claims carry a unique burden of proof that most personal injury firms handle the same way they handle fender-benders. Mickey Fine approaches them differently. The injuries are more severe, the medical projections are more complex, and insurance carriers push harder to assign fault to the person on foot. That combination demands an attorney who prepares for trial from the start.
A Former Insurance Defense Lawyer Working for Injured Pedestrians
Before representing injured people, Mickey Fine built defense files for insurance companies. He knows how carriers train adjusters to question whether the pedestrian was in a crosswalk, whether they were wearing visible clothing, and whether they stepped off the curb too quickly.
Our pedestrian accident attorney recognizes those arguments because he used to work on that side of the claim. That perspective allows him to dismantle the defense strategy before it gains traction in a settlement negotiation or courtroom.
Direct Access to Your Attorney on Every Pedestrian Case
Pedestrian injury cases often involve extended hospital stays, multiple surgeries, and months of rehabilitation. During that process, clients at many firms communicate with paralegals or case managers rather than the attorney handling their claim.
At the Law Offices of Mickey Fine, clients work directly with Mickey Fine from the initial consultation through resolution. He personally reviews medical records, handles insurance communications, and prepares every case as though it may go to trial.
Removing Financial Barriers to Medical Treatment
Severe pedestrian injuries require immediate and ongoing medical care, and the costs accumulate quickly. Mickey Fine refers injured clients to medical professionals and may negotiate with providers to defer treatment costs until the case resolves.
Combined with a contingency fee structure that requires no upfront payment, this approach allows injured pedestrians to focus on recovery rather than worrying about how to pay for the treatment they need right now.
How Dangerous Is Bakersfield for People on Foot?
The numbers behind Bakersfield's pedestrian safety crisis place the city in a category most residents would rather avoid.
Besides Smart Growth America's 2024 "Dangerous by Design" report, Kern County reported 55 pedestrian fatalities in 2024, marking the fourth consecutive year with more than 50 pedestrian deaths. Within the City of Bakersfield alone, 17 of the 44 total fatal collisions in 2024 involved pedestrians.
High-speed arterials with wide lanes and limited pedestrian infrastructure account for a disproportionate share of these collisions. Corridors like Union Avenue, Chester Avenue, and the stretch of California Avenue near downtown see repeated pedestrian crashes year after year. Intersections with faded crosswalk markings, missing walk signals, and high-volume turning traffic create conditions where a driver's momentary inattention is enough to cause catastrophic harm.
Of Kern County's 55 pedestrian fatalities in 2024, 43 occurred at night. Poor street lighting, higher vehicle speeds after dark, and impaired driving all contribute to this pattern. Pedestrians struck at night tend to suffer more severe injuries because drivers traveling at higher speeds have less time to brake or swerve.
Hear From Our Clients
What Are a Pedestrian's Legal Rights at a Bakersfield Crosswalk?
California Vehicle Code § 21950 requires drivers to yield the right-of-way to pedestrians crossing within any marked crosswalk or any unmarked crosswalk at an intersection. That protection extends to unmarked crosswalks, which exist at most intersections in Bakersfield, even where no painted lines are visible on the pavement.
Marked and Unmarked Crosswalk Protections
Many pedestrians assume they have no legal protection at an intersection without painted lines. California law says otherwise. If two roads meet at an approximate right angle, the extensions of the sidewalks through the intersection create a legal crosswalk.
A driver who strikes a pedestrian in that space has likely violated Vehicle Code § 21950, and that violation is strong evidence of negligence.
What Duties Do Drivers and Pedestrians Each Owe Under California Law?
Vehicle Code § 21950 imposes obligations on both sides of the crosswalk, but the burden on drivers is greater. California law requires drivers approaching a crosswalk to meet the following standards:
- Yield the right-of-way to any pedestrian crossing within a marked or unmarked crosswalk
- Reduce speed or take any other action necessary to protect the pedestrian's safety
- Exercise due care for pedestrians in the roadway, even when the pedestrian shares some responsibility for the situation
- Refrain from passing another vehicle that has stopped to allow a pedestrian to cross
Pedestrians also have a duty of care under the same statute. A pedestrian may not suddenly leave a curb and enter the path of a vehicle so close that it creates an immediate hazard.
When Drivers Argue the Pedestrian "Came Out of Nowhere"
Insurance adjusters frequently use this argument to shift blame to the injured person. California law does require pedestrians to exercise due care and not suddenly leave a curb into the immediate path of an approaching vehicle.
But the statute also places an affirmative duty on drivers to reduce speed and take action to protect pedestrians. Mickey Fine's team uses traffic signal timing data, surveillance footage, and witness testimony to establish that the pedestrian was visible and that the driver failed to act.
What Happens After a Hit-and-Run Pedestrian Accident in Bakersfield?
A driver who strikes a pedestrian and flees the scene leaves the injured person without an obvious path to compensation. Hit-and-run pedestrian crashes in Bakersfield add the burden of identifying a responsible party on top of what is already a severe physical and financial crisis.
Many victims are left unconscious or immobilized at the scene, unable to note a license plate or vehicle description.
Identifying the Driver After a Hit-and-Run
The window to locate a hit-and-run driver narrows quickly. Surveillance footage gets overwritten, witnesses move on, and physical evidence at the scene degrades with weather and traffic.
Mickey Fine's team moves immediately to coordinate with the Bakersfield Police Department and the California Highway Patrol, requesting traffic camera footage, canvassing nearby businesses for security video, cataloging vehicle debris left at the scene, and interviewing witnesses.
When law enforcement identifies the driver, a liability claim proceeds against that driver's insurance.
Uninsured Motorist Coverage as a Fallback
When the driver is never identified, the injured pedestrian may file a claim under the uninsured motorist (UM) provision of their own auto insurance policy. Many pedestrians do not realize this coverage applies to them.
California UM coverage protects policyholders who are struck as pedestrians, not only people injured inside a vehicle. The coverage may also extend to family members living in the same household who are listed on the policy.
A Bakersfield hit-and-run pedestrian accident lawyer reviews all available coverage sources, including the injured person's own auto policy, a spouse's or parent's policy, and any umbrella coverage that may apply. Even when the at-fault driver is never found, these policies may provide a meaningful path to recovering compensation.
Can a Family File a Claim When a Child Is Injured by a Vehicle?
Children are among the most vulnerable pedestrians on Bakersfield streets, particularly in school zones and residential neighborhoods where drivers may not expect foot traffic.
A parent or legal guardian may file a personal injury claim on behalf of an injured child. California law also tolls the statute of limitations for minors, meaning the filing deadline does not begin running until the child turns 18.
However, claims against government entities, such as the City of Bakersfield for a dangerous school zone crossing, still require a formal government claim within six months under Government Code § 911.2. That shortened deadline applies even when the injured person is a child.
Mickey Fine evaluates child pedestrian injury cases with attention to the long-term medical and developmental impact of the injuries, which often extends well beyond initial emergency treatment.
What Compensation Is Available After Being Hit by a Car in Bakersfield?
Pedestrian injuries tend to be far more severe than injuries sustained inside a vehicle because there is no metal frame, seatbelt, or airbag absorbing the impact. That severity is reflected in the types of losses a pedestrian accident claim may recover.
Economic Losses in a Pedestrian Injury Claim
Economic damages include all measurable financial harm caused by the collision:
- Emergency surgery, ICU stays, and hospitalization for fractures, internal bleeding, or traumatic brain injuries common in vehicle-versus-pedestrian collisions
- Long-term physical therapy, neurological rehabilitation, and assistive devices such as wheelchairs, prosthetics, or modified mobility equipment
- Lost wages during recovery and permanently reduced earning capacity when injuries prevent a return to the same type of work
- Adapted transportation costs when injuries limit the ability to walk or drive to medical appointments
- In-home nursing care, personal assistance, and home modifications such as ramps or grab bars for pedestrians left with lasting mobility limitations
Detailed documentation of every medical bill, missed paycheck, and out-of-pocket expense strengthens the foundation of the claim and makes it harder for the insurance company to dispute the total.
Non-Economic Damages and Emotional Distress
Non-economic damages account for the losses that do not appear on a medical bill or pay stub but fundamentally alter the injured person's daily life. In many California personal injury cases, emotional distress damages are tied to physical injuries caused by the crash, though the exact rule depends on the type of claim.
Non-economic damages in a Bakersfield pedestrian injury claim may include:
- Chronic physical pain from fractures, nerve damage, or surgical recovery that persists long after the initial treatment ends
- Loss of mobility and independence when injuries prevent walking, exercising, or performing routine tasks without assistance
- Permanent scarring or disfigurement from road rash, surgical incisions, or crush injuries visible to others
- Anxiety, PTSD, or fear of crossing streets and walking near traffic tied directly to the physical trauma of being struck
- Loss of the ability to care for children, participate in family activities, or maintain relationships at the same level as before the crash
Each of these losses carries real weight in a settlement negotiation or at trial. Mickey Fine documents these impacts in detail to counter insurance arguments that reduce non-economic losses to a generic multiplier.
Wrongful Death Claims After a Fatal Pedestrian Crash
When a pedestrian collision results in a death, a wrongful death claim may be brought by certain surviving family members, or by the decedent’s personal representative on their behalf. Recoverable losses include lost financial support, funeral and burial expenses, and loss of companionship.
The two-year statute of limitations for wrongful death claims runs from the date of death under CCP § 335.1.
Pedestrian Injury Questions Answered by a Kern County Attorney
How long do I have to file a pedestrian accident claim in Bakersfield?
Most pedestrian injury claims in California must be filed within two years of the date of the accident under CCP § 335.1. If the crash involved a government vehicle, a dangerous road maintained by a public agency, or a malfunctioning city-operated traffic signal, the deadline shrinks to six months for the initial government claim.
Does Bakersfield's road design play a role in pedestrian accident claims?
Bakersfield's wide, high-speed arterial roads were designed primarily for vehicle throughput, not pedestrian safety. Missing sidewalks, faded crosswalk markings, and intersections without pedestrian signals may support claims against the government entity responsible for maintaining that infrastructure.
What if the driver was texting or using a phone when they hit me?
Distracted driving is one of the leading causes of pedestrian collisions in Bakersfield. Cell phone records, app usage data, and in-vehicle infotainment logs may show that the driver was texting, scrolling, or making a call at the moment of impact. This evidence strengthens the liability case and may also support arguments for higher non-economic damages based on the recklessness of the driver's conduct.
Bakersfield Pedestrians Hit by Vehicles Have Legal Options
A pedestrian struck by a vehicle in Kern County faces injuries that are often more severe, more expensive, and more life-altering than those in a typical car crash.
Mickey Fine has spent more than three decades in the courtroom. He personally handles every pedestrian case, from the first meeting through trial if necessary.
Call the Law Offices of Mickey Fine at (661) 333-3333 for a free, confidential case evaluation. No fee unless the case results in a recovery.
Past results do not guarantee future outcomes.