A pedestrian was killed in a traffic accident on Wednesday morning at the intersection of Point San Pedro Road and Summit Avenue in San Rafael, according to local authorities. The fatal accident occurred on January 14, 2026, at approximately 8:39 a.m., prompting an immediate response from emergency personnel and an ongoing investigation by the San Rafael Police Department.
This tragic incident underscores the persistent dangers pedestrians face on Marin County roadways, particularly at busy intersections during morning commute hours. The victim’s identity has not yet been released pending notification of next of kin.
Details of the San Rafael Traffic Accident
The fatal collision took place at the intersection of Point San Pedro Road and Summit Avenue, a location familiar to many San Rafael residents as part of the daily commute route. Emergency dispatchers received the initial call reporting the accident at 8:39 a.m. on Wednesday.
Point San Pedro Road serves as a significant thoroughfare in the San Rafael area, connecting residential neighborhoods with commercial districts and providing access to Highway 101. The intersection with Summit Avenue experiences considerable traffic volume, particularly during morning and evening rush hours when commuters travel to and from work.
While specific details about how the collision occurred remain under investigation, pedestrian accidents at intersections typically involve factors such as driver inattention, failure to yield the right of way, inadequate crosswalk visibility, speeding, or pedestrians crossing outside designated areas. Weather conditions, lighting, and road design can also play contributing roles in these tragic incidents.
The impact of the collision proved fatal for the pedestrian, who was pronounced deceased at the scene or shortly after being transported to a local medical facility. The devastating nature of vehicle-versus-pedestrian collisions reflects the extreme vulnerability of individuals on foot when struck by motor vehicles, which can weigh several thousand pounds and travel at speeds that create tremendous force upon impact.
Respuesta a emergencias e investigación
San Rafael Police Department officers, firefighters, and emergency medical personnel responded quickly to the scene following the 8:39 a.m. emergency call. First responders immediately began rendering aid to the injured pedestrian while simultaneously securing the accident scene to preserve evidence and protect other motorists and pedestrians in the area.
The intersection of Point San Pedro Road and Summit Avenue was likely closed or had traffic significantly restricted for several hours while investigators documented the scene, measured skid marks, photographed vehicle positions, collected physical evidence, and interviewed witnesses. Such thorough investigation procedures are standard protocol in fatal traffic accidents and are essential for determining the cause of the collision and identifying any traffic violations or criminal conduct.
The San Rafael Police Department’s Traffic Division is conducting a comprehensive investigation into the circumstances surrounding this fatal pedestrian accident. Investigators will examine multiple factors, including:
- Velocidad del vehículo en el momento del impacto
- Driver sobriety and distraction (cell phone use, impairment)
- Traffic signal compliance by both the driver and the pedestrian
- Crosswalk usage and pedestrian right-of-way
- Road conditions, visibility, and intersection design
- Witness statements and any available video surveillance footage
The investigation may take weeks or months to complete as authorities gather evidence, consult with accident reconstruction experts, and review all available information before determining whether criminal charges are warranted.
Derechos legales de las víctimas de accidentes de peatones y sus familias
When a pedestrian is killed in a traffic accident in California, the victim’s surviving family members have necessary legal rights under state law. Understanding these rights is crucial for families navigating the brutal aftermath of losing a loved one to a preventable tragedy.
Demandas por homicidio culposo en California
California Code of Civil Procedure Section 377.60 allows certain family members to file a wrongful death lawsuit when a person dies due to another party’s negligence or wrongful act. Eligible parties who can bring a wrongful death claim include:
- El cónyuge o pareja de hecho superviviente de la persona fallecida
- Los hijos supervivientes de la persona fallecida
- If there is no surviving spouse or children, the deceased person’s parents or siblings may have standing to file a claim
- Anyone is entitled to the deceased person’s property through intestate succession
A wrongful death claim seeks compensation for the losses suffered by the surviving family members, which may include:
- Loss of financial support: The income and benefits the deceased would have provided to their family over their expected lifetime
- Loss of companionship and consortium: The love, affection, guidance, and friendship that family members have been deprived of
- Funeral and burial expenses: The costs associated with laying the deceased to rest
- Loss of household services: The value of services the deceased provided to the household
- Pre-death pain and suffering: In some cases, compensation for the victim’s pain before death (through a survival action)
Ley de negligencia comparativa de California
California follows a “pure comparative negligence” system, as outlined in Civil Code Section 1714. This means that even if the pedestrian bore some responsibility for the accident—perhaps by crossing outside a crosswalk or against a traffic signal—the family may still recover damages proportional to the driver’s percentage of fault.
For example, if a court determines that the driver was 80% at fault and the pedestrian was 20% at fault, the family would be entitled to recover 80% of the total damages. This legal framework ensures that families aren’t completely barred from compensation even in cases where the victim made a mistake, as long as the driver also bears responsibility.
Potential Claims Against Multiple Parties
Depending on the circumstances, a wrongful death claim arising from a pedestrian accident may involve multiple liable parties beyond just the driver who struck the victim. Potential defendants might include:
- The driver’s employer: If the driver was working at the time of the accident, the employer may be vicariously liable under California’s respondeat superior doctrine
- Vehicle owner: If the driver was operating someone else’s vehicle with permission, the owner may share liability
- Government entities: If dangerous road conditions, inadequate signage, poor intersection design, or malfunctioning traffic signals contributed to the accident, the city or county responsible for road maintenance could be liable under California Government Code Sections 830-835
- Third-party drivers: If another vehicle’s actions caused the chain of events leading to the pedestrian being struck
An experienced personal injury attorney can identify all potentially liable parties and ensure that families pursue maximum compensation from all available sources.
California Vehicle Code and Pedestrian Safety Laws
California has established comprehensive traffic laws designed to protect pedestrians and hold drivers accountable when they fail to exercise proper care. Understanding these laws is crucial for determining liability in pedestrian accidents and promoting safer driving practices.
Driver Duties Toward Pedestrians
California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. Drivers must exercise due care for the safety of pedestrians at all times.
California Vehicle Code Section 21954 places the responsibility on drivers approaching a pedestrian in a roadway to exercise all due care and reduce their vehicle’s speed or take any other necessary action to safeguard the pedestrian.
California Vehicle Code Section 22350 (the “Basic Speed Law”) requires drivers to operate their vehicles at a speed that is reasonable and prudent given current conditions, including the presence of pedestrians, regardless of posted speed limits.
Responsabilidades de los peatones
While drivers bear primary responsibility for pedestrian safety, California law also establishes specific duties for pedestrians:
California Vehicle Code Section 21950(b) states that pedestrians may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.
California Vehicle Code Section 21955 prohibits jaywalking between adjacent intersections controlled by traffic signals or police officers, except in marked crosswalks.
Despite these pedestrian duties, California’s comparative negligence system ensures that a pedestrian’s violation of traffic laws doesn’t automatically bar recovery if a driver also acted negligently.
Causas comunes de los accidentes de peatones
Pedestrian accidents in California, including at busy intersections like Point San Pedro Road and Summit Avenue, commonly result from:
- Distracted driving: Texting, phone calls, eating, or other activities that divert a driver’s attention from the road
- Failure to yield: Drivers not giving pedestrians the right-of-way in crosswalks or at intersections
- Speeding: Excessive speed that reduces reaction time and increases impact severity
- Impaired driving: Driving under the influence of alcohol or drugs
- Left-turn accidents: Drivers focusing on oncoming traffic while turning left and failing to see pedestrians
- Poor visibility: Darkness, weather conditions, or obstructions that make it difficult for pedestrians to see
- Backing vehicles: Drivers reversing in parking lots or driveways without checking for pedestrians
Comprensión del valor de las indemnizaciones por accidentes de peatones
For families who have lost a loved one in a pedestrian accident, understanding the potential value of a wrongful death claim is an important consideration. However, no amount of money can truly compensate for the loss of a family member.
Factors Affecting Settlement Value
The value of a pedestrian wrongful death case depends on numerous factors, including:
Daños económicos:
- The deceased person’s age, health, and life expectancy
- Their earning capacity and expected future income
- Benefits and retirement contributions that would have been provided
- The financial dependency of surviving family members
- Funeral, burial, and memorial service expenses
- Medical bills incurred before death (through a survival action)
Daños no económicos:
- The closeness of the relationship between the deceased and the surviving family members
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of the deceased person’s training and guidance for children
- The emotional impact of the loss on surviving family members
Liability Factors:
- The strength of evidence establishing the driver’s negligence
- The degree of comparative fault, if any, is attributed to the pedestrian
- Whether the driver was impaired, distracted, or engaged in especially reckless conduct
- Available insurance coverage and assets of liable parties
Typical Settlement Ranges
While every case is unique, wrongful death settlements in pedestrian accidents typically range from several hundred thousand dollars to multiple millions, depending on the circumstances. Cases involving:
- Young victims with dependents and decades of earning potential ahead
- Gross negligence, such as DUI or extreme speeding
- Multiple liable parties with substantial insurance coverage
- Clear evidence of the driver’s fault with minimal comparative negligence
These factors generally result in higher settlement values.
La importancia de la representación legal
Insurance companies often attempt to minimize settlement offers, particularly in the immediate aftermath of an accident when families are grieving and vulnerable. Having experienced legal representation ensures that:
- All liable parties are identified and held accountable
- Economic damages are calculated comprehensively, including future lost income
- Non-economic damages are appropriately valued and presented
- Settlement offers are fairly evaluated against the actual value of the case
- Families aren’t pressured into accepting inadequate settlements
- The case goes to trial if necessary to achieve fair compensation
GJEL Accident Attorneys: Advocating for Pedestrian Accident Victims in Marin County
For more than four decades, GJEL Accident Attorneys has represented pedestrian accident victims and their families throughout Northern California, including Marin County and the San Rafael area. Our firm has recovered over $1 billion in compensation for injured clients and understands the unique challenges families face after losing a loved one in a traffic accident.
Pedestrian accidents are among the most devastating cases GJEL accident attorneys handle. When someone loses a family member simply because they were walking across the street, the grief and anger are overwhelming. GJEL’s role is to conduct a thorough investigation, hold negligent drivers accountable, and ensure families receive the full compensation they deserve—not just for economic losses, but for the immeasurable loss of a loved one’s presence in their lives.
Our Approach to Pedestrian Wrongful Death Cases
When families come to GJEL after a fatal pedestrian accident, we immediately begin:
- Conducting an independent investigation: We don’t rely solely on police reports. Our team visits the accident scene, interviews witnesses, obtains surveillance footage, and consults with accident reconstruction experts to build the strongest possible case.
- Identifying all liable parties: We look beyond the obvious to identify every party that may bear responsibility, including employers, vehicle owners, and government entities responsible for dangerous road conditions.
- Calculating comprehensive damages: We work with economists, vocational experts, and life care planners to accurately estimate both economic losses and the value of non-economic damages.
- Handling all communications with insurance companies: Families shouldn’t have to deal with insurance adjusters during their time of grief. We manage all communications and negotiations to protect our clients from exploitation.
- Preparing for trial if necessary: While many cases settle, we prepare every case as if it will go to trial, which strengthens our negotiating position and demonstrates our commitment to maximum recovery.
Garantía "No Win, No Fee
GJEL handles all pedestrian accident cases on a contingency fee basis, which means our clients pay no upfront costs and no attorney fees unless we win their case. This arrangement ensures that families have access to top-quality legal representation regardless of their financial circumstances during an already difficult time.
If we don’t recover compensation for your family, you owe us nothing. This commitment reflects our confidence in our ability to achieve results and our dedication to making justice accessible to all accident victims.
Pedestrian Safety Tips for San Rafael Residents
While this tragic accident is under investigation and its specific causes are not yet known, pedestrians and drivers can both take steps to improve safety at intersections throughout San Rafael and Marin County.
Para peatones:
- Always use marked crosswalks when available and cross at intersections with traffic signals
- Make eye contact with drivers before crossing to ensure you’ve been seen
- Put away your phone and remove your headphones when crossing streets
- Wear bright or reflective clothing, especially during early morning or evening hours
- Never assume a driver will stop, even when you have the right-of-way
- Be especially cautious of vehicles turning left or right, as drivers may not see pedestrians
- Look left, right, and left again before stepping into the roadway
Para conductores:
- Always yield to pedestrians in crosswalks and at intersections
- Reduce your speed in areas with high pedestrian traffic
- Eliminate distractions—put your phone away and focus entirely on driving
- Check for pedestrians before turning right on red
- Be especially alert during morning and evening commute hours
- Use extra caution in poor weather or low-light conditions
- Never pass vehicles stopped at crosswalks, as they may be yielding to pedestrians you cannot see
Cómo pueden ayudarle los abogados de accidentes del GJEL
“When a pedestrian is killed at an intersection during the morning commute, families are left with devastating grief and difficult questions about how this tragedy could have happened. As someone who has represented pedestrian accident victims for over 40 years, I know that these cases require a thorough investigation—examining traffic signals, driver behavior, visibility conditions, and whether all necessary safety measures were in place. California law protects the rights of families who have lost loved ones to negligent drivers, and while no settlement can ever replace the person you’ve lost, holding responsible parties accountable can provide answers, closure, and financial security for your family’s future.” – Andy Gillin, GJEL Accident Attorneys
If you have lost a family member in a pedestrian accident in San Rafael, Marin County, or anywhere in Northern California, GJEL Accident Attorneys is here to help. We understand that no legal outcome can bring back your loved one. Still, we are committed to holding negligent parties accountable and securing the compensation your family needs to move forward.
Our experienced pedestrian accident attorneys offer free, confidential consultations to discuss your legal rights and options. During this consultation, we will:
- Listen to your story with compassion and respect
- Explain your legal rights under California law
- Discuss the potential value of your case
- Answer all your questions about the legal process
- Provide honest advice about the best path forward
Time is critical in pedestrian accident cases. Physical evidence can disappear, witnesses’ memories can fade, and California law imposes strict deadlines for filing wrongful death claims. Contact us today at +1-866-218-3776 or visit our San Francisco office to protect your family’s rights and begin the path toward justice and healing.
San Rafael and Marin County Resources
Aplicación de la ley y seguridad vial
Departamento de Policía de San Rafael
Address: 1400 Fifth Avenue, San Rafael, CA 94901
Non-Emergency: (415) 485-3000
Emergency: 911
Website: www.srpd.org
Traffic Division: (415) 485-3000
The San Rafael Police Department’s Traffic Division investigates all serious and fatal traffic collisions within city limits. Families seeking information about ongoing investigations or needing copies of traffic collision reports should contact the department directly.
Oficina del Sheriff del Condado de Marin
Address: 1600 Los Gamos Drive, San Rafael, CA 94903
Non-Emergency: (415) 479-2311
Emergency: 911
Website: www.marinsheriff.org
The Sheriff’s Office handles traffic enforcement and investigation in unincorporated areas of Marin County.
Autoridad de Transporte de Marin (TAM)
Address: 900 Fifth Avenue, Suite 100, San Rafael, CA 94901
Phone: (415) 226-0815
Email: info@tam.ca.gov
Website: www.tam.ca.gov
TAM coordinates transportation planning, funding, and programs throughout Marin County, including initiatives focused on pedestrian and bicycle safety. They maintain data on traffic safety, dangerous intersections, and ongoing improvement projects.
Departamento de Obras Públicas del Condado de Marin
Address: 3501 Civic Center Drive, Room 304, San Rafael, CA 94903
Phone: (415) 473-6528
Website: www.marincounty.org/depts/pw
This department is responsible for the design, construction, and maintenance of county roads and can be contacted regarding roadway conditions, signage, or infrastructure issues that may contribute to accidents.
Pedestrian Safety Organizations
Safe Routes to School Marin County
Phone: (415) 457-4422
Website: www.saferoutestoschools.org/marin
Email: marin@saferoutestoschools.org
Works to improve pedestrian and bicycle safety for students, providing education programs and advocating for safer infrastructure.
Coalición Ciclista del Condado de Marín
Phone: (415) 456-3469
Website: www.marinbike.org
Address: 1007 Sir Francis Drake Boulevard, Kentfield, CA 94904
Advocates for safer streets for cyclists and pedestrians through education, encouragement, and policy work.
Walk San Francisco (Bay Area Coverage)
Phone: (415) 431-9255
Website: www.walksf.org
Advocates for safer pedestrian conditions throughout the Bay Area provide resources on pedestrian rights and safety.
Government Claims Information
Marin County Clerk of the Board
Address: 3501 Civic Center Drive, Room 329, San Rafael, CA 94903
Phone: (415) 473-6331
Website: www.marincounty.org/depts/bs
If a government entity’s negligence contributed to the accident (such as dangerous road conditions or faulty traffic signals), claims must be filed within six months of the accident. Contact this office for claim forms and procedures.
City of San Rafael City Clerk
Address: 1400 Fifth Avenue, San Rafael, CA 94901
Phone: (415) 485-3066
Website: www.cityofsanrafael.org/city-clerk
For claims against the City of San Rafael related to city-maintained roads, signals, or infrastructure.
Patrulla de Carreteras de California (CHP)
Marin Area Office
Address: 870 Tamalpais Avenue, Novato, CA 94947
Phone: (415) 924-1100
Non-Emergency: (707) 648-4810
Website: www.chp.ca.gov
CHP investigates accidents on state highways and can provide traffic collision reports. They also maintain the Statewide Integrated Traffic Records System (SWITRS), which contains data on traffic collisions throughout the state of California.
Traffic Collision Report Information
California Highway Patrol Traffic Collision Reports
Website: www.chp.ca.gov/programs-services/services-information/copies-of-reports
Phone: (916) 843-3000
Official traffic collision reports can be requested online or by mail for accidents investigated by CHP.
San Rafael Police Department Records
Phone: (415) 485-3000
Address: 1400 Fifth Avenue, San Rafael, CA 94901
For accidents investigated by the San Rafael PD, collision reports may be obtained through the department’s records division.
