Pedestrian Accident Attorney in Upland

When you or a loved one has been struck by a vehicle while walking in Upland, the physical, emotional, and financial consequences can be devastating. Located in San Bernardino County at the foot of the San Gabriel Mountains, Upland is home to approximately 78,699 residents who navigate busy intersections, commercial districts, and residential neighborhoods daily. With major thoroughfares like Foothill Boulevard (Historic Route 66), Euclid Avenue, Mountain Avenue, and nearby access to Interstate 10 and State Route 210, pedestrians face constant exposure to vehicle traffic. The bustling shopping areas along Foothill Boulevard, the historic downtown district near Second Avenue and Ninth Street, and high-traffic zones surrounding San Antonio Regional Hospital create dangerous conditions for those on foot. At djlawcorp.com, our experienced pedestrian accident attorneys understand the unique challenges Upland accident victims face and are committed to securing maximum compensation for injuries sustained due to driver negligence.

Understanding Pedestrian Accidents in Upland, California

Pedestrian accidents represent one of the most catastrophic types of traffic collisions because individuals on foot have no protective barrier against the force of a moving vehicle. In 2023, there were 7,314 pedestrians killed in traffic crashes across the United States according to the U.S. Department of Transportation. California consistently ranks among the states with the highest pedestrian fatalities, with 1,106 pedestrian deaths in 2023, making it the state with the most pedestrian fatalities in the nation.

The vulnerability of pedestrians cannot be overstated. When a vehicle traveling at even moderate speeds strikes someone on foot, the results can include traumatic brain injuries, spinal cord damage, multiple fractures, internal organ damage, and in the worst cases, wrongful death. Unlike vehicle occupants who benefit from seatbelts, airbags, and structural protection, pedestrians absorb the full impact of the collision with their bodies.

According to the National Highway Traffic Safety Administration (NHTSA), 70 percent of pedestrians killed in traffic crashes were male, and alcohol involvement was reported in 46 percent of fatal pedestrian crashes. Additionally, 84 percent of pedestrian fatalities occurred in urban areas and 77 percent occurred in the dark, underscoring the particular dangers faced by pedestrians in urbanized areas like Upland, especially during evening hours when visibility is reduced.

Common Causes of Pedestrian Accidents in Upland

• Failure to Yield at Crosswalks: California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians crossing within any marked or unmarked crosswalk at an intersection. Many drivers in Upland fail to obey this law, particularly at busy intersections like Foothill Boulevard and Mountain Avenue, or near shopping centers where pedestrian traffic is heavy. Distracted or hurried drivers may accelerate through crosswalks without checking for pedestrians, resulting in serious collisions.
• Distracted Driving: Drivers texting, talking on phones, adjusting GPS devices, or engaging with entertainment systems may fail to notice pedestrians entering crosswalks or walking along roadways. On Upland’s busiest streets such as Foothill Boulevard and Euclid Avenue, even a few seconds of inattention can result in a catastrophic pedestrian accident with life-altering consequences.
• Speeding and Reckless Driving: Excessive speed reduces a driver’s ability to react to pedestrians and dramatically increases injury severity when a collision occurs. High-speed corridors in Upland, including sections of Mountain Avenue and portions of Arrow Highway, present particular dangers to pedestrians. According to the Insurance Institute for Highway Safety (IIHS), the risk of pedestrian death increases exponentially with vehicle speed.
• Driving Under the Influence: Impaired drivers have reduced reaction times, poor judgment, and compromised motor skills, making them far more likely to strike pedestrians. Alcohol involvement was reported in 46 percent of fatal pedestrian crashes in 2023. Upland’s restaurants and bars along Foothill Boulevard and in the downtown area create environments where intoxicated drivers pose serious risks, especially during evening and weekend hours.
• Poor Visibility Conditions: With 77 percent of pedestrian fatalities occurring in the dark, reduced visibility creates serious dangers. Upland’s residential neighborhoods with inadequate street lighting, poorly lit parking lots at shopping centers, and areas lacking reflective road markings create hazardous conditions for pedestrians after sunset. Dusk and dawn transition periods are particularly dangerous as drivers’ eyes adjust to changing light conditions.
• Left-Turn Accidents: Drivers making left turns at intersections often focus on oncoming vehicle traffic and fail to check for pedestrians in the crosswalk. This is a common scenario at Upland’s multi-lane intersections where drivers are anxious to complete their turns during brief gaps in traffic.
• Backing Accidents: Parking lots at Colonies Crossroads, San Antonio Regional Hospital, and other commercial areas present unique pedestrian dangers. Drivers backing out of parking spaces may fail to notice pedestrians walking behind their vehicles, particularly small children or individuals using mobility devices.
• Failure to Stop at Red Lights and Stop Signs: Running red lights or rolling through stop signs violates California Vehicle Code Sections 21453 and 22450 and is particularly dangerous to pedestrians who have entered intersections with the legal right-of-way.

Types of Injuries Sustained in Upland Pedestrian Accidents

• Traumatic Brain Injuries (TBI): When struck by a vehicle, pedestrians often hit their head on the hood, windshield, or pavement. According to the National Institute of Neurological Disorders and Stroke (NINDS), TBIs contribute to a substantial number of deaths and permanent disabilities annually. Injuries range from mild concussions to severe brain damage causing cognitive impairment, memory loss, and personality changes. Treatment costs including hospitalization, rehabilitation, and long-term care can easily reach millions of dollars.
• Spinal Cord Injuries and Paralysis: The violent impact of a pedestrian accident can damage the spinal cord, potentially resulting in partial or complete paralysis. The National Spinal Cord Injury Statistical Center (NSCISC) reports that motor vehicle accidents are among the leading causes of spinal cord injuries. Victims may face paraplegia or quadriplegia requiring lifetime medical care, assistive devices, home modifications, and ongoing personal care assistance.
• Fractures and Broken Bones: Multiple bone fractures are extremely common in pedestrian accidents, including broken legs, arms, ribs, pelvis, and facial bones. Complex fractures may require surgical intervention with plates, screws, and rods, followed by extensive physical therapy. Some fractures never heal properly, resulting in chronic pain, limited mobility, and permanent disfigurement.
• Internal Organ Damage: Blunt force trauma can cause internal bleeding, ruptured organs, and damage to vital organ systems. Internal injuries may not be immediately apparent but can be life-threatening if not promptly diagnosed and treated, requiring emergency surgery, blood transfusions, and intensive care monitoring.
• Soft Tissue Injuries: Severe sprains, torn ligaments, and muscle damage frequently result from pedestrian accidents. While these may seem less serious than fractures or head trauma, they can cause chronic pain, limited range of motion, and may never fully heal, significantly impacting the victim’s ability to work and enjoy life.
• Psychological Trauma: According to the National Institute of Mental Health (NIMH), trauma-related mental health conditions including PTSD, anxiety, depression, and phobias about crossing streets or being near traffic can be as debilitating as physical injuries and require extensive professional treatment.
• Wrongful Death: When a pedestrian accident results in death, surviving family members may pursue a wrongful death claim under California Code of Civil Procedure Section 377.60 to recover damages including funeral expenses, loss of financial support, loss of companionship, and the deceased’s pain and suffering before death.

High-Risk Pedestrian Accident Locations in Upland

• Foothill Boulevard Corridor: As Historic Route 66 and a major east-west arterial, Foothill Boulevard runs through the heart of Upland with constant vehicle traffic, multiple commercial establishments, restaurants, and shops. The combination of turning vehicles, pedestrians accessing businesses, parallel parking, and through traffic creates numerous conflict points, particularly at intersections with Euclid Avenue, Mountain Avenue, and San Antonio Avenue.
• Euclid Avenue: This historic tree-lined boulevard features a distinctive median with a walking path but remains a busy roadway with vehicles traveling at significant speeds. Pedestrians crossing Euclid Avenue, including near the Madonna of the Trail monument at Foothill Boulevard, face risks from drivers who may not anticipate or yield to crossing pedestrians.
• Colonies Crossroads Shopping Center Area: This major retail district attracts substantial vehicle and pedestrian traffic. Large parking lots, multiple driveways onto busy streets, distracted drivers searching for parking, and pedestrians moving between stores create a hazardous environment resulting in frequent pedestrian conflicts with turning and backing vehicles.
• San Antonio Regional Hospital Zone: The area surrounding San Antonio Regional Hospital experiences high volumes of vehicle and pedestrian traffic throughout the day and night. Emergency vehicle activity, anxious or distracted drivers, and vulnerable pedestrians including elderly patients and individuals with mobility challenges create additional risks on surrounding streets including San Bernardino Road and Campus Avenue.
• Mountain Avenue: This major north-south route carries significant traffic volumes and intersects with multiple east-west streets. Pedestrians crossing Mountain Avenue or walking along segments without adequate sidewalks face dangers from vehicles, particularly during commute hours when traffic volumes peak.
• Downtown Upland Historic District: The area around Second Avenue and Ninth Street features pedestrian-oriented businesses but parking challenges and drivers circling for spaces create hazards. Crosswalks at Second Avenue, Third Avenue, and Ninth Street require particular attention from both drivers and pedestrians navigating this busy area.
• School Zones: Areas surrounding Upland schools along Campus Avenue, Mountain Avenue, and residential streets see increased pedestrian activity during morning drop-off and afternoon dismissal. Despite school zone speed limits and crossing guards, distracted or hurried drivers sometimes fail to exercise appropriate caution around child pedestrians.

Notably, 74 percent of pedestrian fatalities occurred at locations that were not intersections, emphasizing that dangers exist throughout the entire roadway system, not just at marked crossings.

California Pedestrian Right-of-Way Laws and Liability

California Vehicle Code Section 21950 is the foundational statute governing pedestrian right-of-way, requiring drivers to yield to pedestrians crossing within any marked or unmarked crosswalk at an intersection. Crosswalks exist at every intersection where two roads meet at approximately right angles, regardless of whether lines are painted on the pavement.

California Vehicle Code Section 21954 addresses pedestrian duties when crossing outside crosswalks, requiring pedestrians to yield to vehicles. However, Section 21954(b) explicitly states this does not relieve drivers of the duty to exercise due care for pedestrian safety. Even when a pedestrian is technically jaywalking, drivers who have the opportunity to avoid a collision and fail to do so may still be held liable under the doctrine of last clear chance.

California’s Freedom to Walk Act, effective January 1, 2023, modified jaywalking enforcement, preventing officers from stopping pedestrians unless a reasonably careful person would recognize an immediate danger of collision. While this affects enforcement, it does not change the underlying duty of care owed by both pedestrians and drivers.

California Vehicle Code Section 21952 requires vehicles entering or exiting driveways, alleys, or private property to yield to pedestrians on sidewalks, while Section 21963 provides special protections for blind pedestrians using white canes or guide dogs at all intersections and roadways.

When a driver violates the California Vehicle Code and that violation causes a pedestrian’s injuries, the violation may establish negligence per se under Satterlee v. Orange Glenn School Dist., 29 Cal.2d 581 (1947). California’s pure comparative negligence system established in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) allows injured parties to recover damages even when partially at fault, with compensation reduced by their percentage of responsibility.

When dangerous road conditions contribute to accidents, governmental entities may be held liable under California Government Code Sections 830 through 835. However, claims against government entities require filing an administrative claim within six months under the California Tort Claims Act.

Why Pedestrian Accident Victims Need Legal Representation

• Insurance Companies Are Not on Your Side: Despite friendly advertising, insurance companies are businesses focused on profit. Claims adjusters are trained to minimize settlements by pressuring victims to provide recorded statements used against them, offering quick lowball settlements before the full extent of injuries is known, and arguing that the pedestrian shares fault for the accident.
• Accurate Case Valuation Requires Experience: Determining the full value of a pedestrian accident claim requires understanding both legal principles and the victim’s specific circumstances. Compensation may include economic damages such as medical expenses and lost wages, non-economic damages including pain and suffering, and in rare cases involving egregious conduct, punitive damages under California Civil Code Section 3294.
• Investigation and Evidence Preservation: Critical evidence disappears quickly after pedestrian accidents. Skid marks fade, surveillance video gets recorded over, and witnesses’ memories fade. An attorney can immediately begin gathering police reports, interviewing witnesses, hiring accident reconstruction experts, requesting surveillance footage, obtaining cell phone records to establish distracted driving, and inspecting the accident scene before conditions change.
• Dealing with Medical Liens: After treatment, victims often face claims from medical providers, health insurers, Medicare, or Medi-Cal seeking reimbursement from any settlement. These liens can often be negotiated and reduced, allowing victims to keep more of their recovery. An experienced attorney knows how to navigate these complex lien issues effectively.
• Contingency Fee Representation: At djlawcorp.com, we represent pedestrian accident victims on a contingency fee basis, meaning clients pay no upfront costs or attorney fees. The attorney’s fee is a percentage of the recovery obtained through settlement or trial. If there is no recovery, the client owes nothing, making quality legal representation accessible to all injury victims regardless of financial situation.

Compensation Available in Pedestrian Accident Cases

Victims can recover all past medical expenses including emergency treatment, hospitalization, surgery, diagnostic imaging, physician visits, prescription medications, physical therapy, assistive devices, and home health care. Future medical expenses that will be reasonably necessary are also recoverable, including ongoing treatment, future surgeries, and lifetime care for permanent injuries.

If injuries prevent a victim from working, they can recover lost wages from the date of injury through resolution of their case. If injuries result in permanent disability affecting future earning capacity, victims can claim compensation calculated by economic experts over their expected work life.

California law recognizes non-economic harm beyond financial losses. Victims can seek compensation for physical pain and discomfort, emotional distress, loss of enjoyment of life, and the fear, shock, and trauma associated with the accident. When a pedestrian suffers serious injuries, their spouse may bring a derivative claim for loss of consortium compensating for lost companionship, affection, and support.

When a pedestrian accident results in death, surviving family members can pursue wrongful death claims under California Code of Civil Procedure Section 377.60 for funeral expenses, lost financial support, and loss of companionship. A survival action under Section 377.30 allows recovery of the deceased’s pre-death medical expenses, pain and suffering before death, and lost earnings from injury until death.

Frequently Asked Questions About Pedestrian Accident Claims in Upland

Take Action Today: Contact Our Upland Pedestrian Accident Attorneys

If you or someone you love has been injured in a pedestrian accident in Upland — whether on Foothill Boulevard, Euclid Avenue, Mountain Avenue, or anywhere else in the city — don’t face insurance companies alone. At djlawcorp.com, our experienced pedestrian accident attorneys understand the unique challenges pedestrians face throughout Upland, know the common accident locations, and have the resources and commitment to thoroughly investigate your accident and fight for full and fair compensation. We work on a contingency fee basis, meaning you pay nothing unless we win, and we offer free no-obligation consultations to evaluate your case. Time is critical — evidence disappears fast and legal deadlines are strict. Contact djlawcorp.com today and let our dedicated pedestrian accident attorneys fight for the justice and maximum compensation you deserve while you focus on healing.

📍 Address: 300 E Magnolia Blvd UNIT 506, Burbank, CA 91502
📞 Phone: 818-530-0000
📧 Email:  arthur@djlawcorp.com

Citations and References

1. U.S. Census Bureau. Population Estimates Program. Retrieved from https://www.census.gov/quickfacts/uplandcitycalifornia
2. National Highway Traffic Safety Administration (NHTSA). (2025). Pedestrians: 2023 Data. Traffic Safety Facts. Report No. DOT HS 813 727. Retrieved from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813727
3. Safe Transportation Research and Education Center (SafeTREC). (2024). 2024 SafeTREC Traffic Safety Facts: Pedestrian Safety. Retrieved from https://safetrec.berkeley.edu/2024-safetrec-traffic-safety-facts-pedestrian-safety
4. California Legislative Information. California Vehicle Code Section 21950. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950&lawCode=VEH
5. California Legislative Information. California Vehicle Code Section 21954. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21954&lawCode=VEH
6. California Department of Motor Vehicles. California Driver Handbook – Section 7: Laws and Rules of the Road. Retrieved from https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/laws-and-rules-of-the-road/
7. National Institute of Neurological Disorders and Stroke (NINDS). Traumatic Brain Injury Information Page. Retrieved from https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury
8. National Spinal Cord Injury Statistical Center (NSCISC). Spinal Cord Injury Facts and Figures at a Glance. Retrieved from https://www.nscisc.uab.edu/
9. National Institute of Mental Health (NIMH). Post-Traumatic Stress Disorder. Retrieved from https://www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd
10. Insurance Institute for Highway Safety (IIHS). Pedestrian Crash Statistics. Retrieved from https://www.iihs.org/topics/pedestrians
11. California Active Transportation Safety Information Pages (CATSIP). California Vehicle Code. Retrieved from https://catsip.berkeley.edu/laws-plans-and-policies/explore-laws/california-vehicle-code
12. California Courts. California Code of Civil Procedure Section 335.1. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1&lawCode=CCP