California Pedestrian Accident? Get Personal Injury Help
If you were hit as a pedestrian in California, you may be entitled to compensation for medical bills, lost wages, and more. Learn the immediate steps to take, how fault is determined, what compensation may be available, and how a personal injury lawyer can protect your rights.
What To Do Right After a Pedestrian Accident
Your health and safety come first.
- Call 911 if anyone is injured.
- If safe, move out of traffic and turn on hazard lights.
- Exchange names, contact, driver’s license, vehicle, and insurance information.
- Photograph or record the scene: vehicles, crosswalks/controls, skid marks, debris, lighting, and your visible injuries.
- Get names and contact information of witnesses.
- Seek prompt medical care—even if you feel okay—because some injuries appear later and medical records help document your claim.
- Report the crash to law enforcement and request the incident/report number.
How Fault Works in California Pedestrian Cases
California applies pure comparative negligence: an injured pedestrian can recover damages even if they were partly at fault, but any award is reduced by their percentage of fault. See Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 and Civ. Code § 1714.
Fault is evaluated using traffic laws, right-of-way rules, evidence of speeding or distraction, and whether someone crossed against a signal or outside a crosswalk. Useful evidence includes police reports, surveillance or dashcam video, vehicle data, scene measurements, and expert analysis.
Common Injuries and Why Prompt Care Matters
Pedestrian collisions often cause traumatic brain injuries, fractures, spinal and internal injuries, and significant soft-tissue damage. Prompt diagnosis links injuries to the crash, guides treatment, and helps prevent complications. Keep all follow-up appointments and save discharge papers, imaging, prescriptions, and bills.
Potential Compensation
Depending on the facts, compensation may include:
- Medical expenses (past and future)
- Lost income and diminished earning capacity
- Rehabilitation and mobility aids
- Pain and suffering
- Scarring and disfigurement
- Property damage (phones or personal items)
In tragic cases involving fatalities, certain family members may pursue wrongful-death-related damages under California law.
Insurance Claims and Evidence
Most claims start with the at-fault driver’s auto insurer. You may also have claims under your own coverage (for example, medical payments or uninsured/underinsured motorist coverage). Preserving evidence early strengthens your case: photos and videos, witness statements, preservation of shoes and clothing, medical records, employer wage verification, and any available traffic or storefront camera footage. An attorney can send preservation letters to keep key video from being overwritten.
Practical Tips
- Do not give a recorded statement to any insurer before speaking with a lawyer.
- Keep a pain and recovery journal from day one.
- Preserve damaged clothing and shoes in a clean paper bag, not plastic.
- Check nearby businesses for camera footage within 24–72 hours.
- Avoid posting accident details or photos on social media.
Pedestrian Claim Checklist
- Police report number and officer/agency
- Photos/videos of scene, signals, and injuries
- Witness names and contact info
- All medical records, bills, and prescriptions
- Health insurance and claim numbers
- Proof of income and missed work
- Auto and health insurance policy information
- Any correspondence from insurers
Deadlines Can Be Strict
Time limits are critical and missing one can end your claim. In California, many personal injury claims must be filed within two years of the injury (Code Civ. Proc. § 335.1). If a public entity is involved, you generally must present a written government claim within six months for personal injury (Gov. Code § 911.2) before filing suit (Gov. Code § 945.4), and suit deadlines after rejection are short (Gov. Code § 945.6).
When a Government Entity May Be Involved
Claims may involve a public entity if a government employee was driving a public vehicle or if a dangerous condition of public property allegedly contributed (for example, inadequate signage or signal timing). These situations have special notice requirements and timelines under California’s Government Claims Act (Gov. Code, div. 3.6).
How a California Pedestrian Injury Lawyer Helps
Your lawyer can investigate the crash, collect and preserve evidence, coordinate medical documentation, calculate damages, negotiate with insurers, and, if needed, file a lawsuit and take your case to trial. Many personal injury attorneys work on a contingency fee, meaning you typically pay no attorney’s fees unless there is a recovery.
What To Bring to a Free Consultation
- Police report number
- Photos or videos from the scene
- Names and contact information of witnesses
- Medical records and bills; health insurance information
- Pay stubs or income proof
- Any communications from insurers
If you don’t have everything yet, don’t wait—your attorney can help gather what’s missing.
FAQ
Can I recover if I was jaywalking?
Possibly. Under California’s pure comparative fault, your compensation can be reduced by your share of fault, but you may still recover damages.
Should I talk to the driver’s insurance adjuster?
Limit communications to basic facts and do not provide a recorded statement or sign releases until you consult a lawyer.
What if the driver fled the scene?
Report it immediately. You may have claims under your uninsured motorist coverage and other sources of recovery.
How long will my case take?
Timelines vary based on medical recovery, liability disputes, and insurance response. Many cases settle after treatment is stabilized; others may require litigation.
Take the Next Step
If you or a loved one was injured as a pedestrian in California, contact our team for a free, no-obligation consultation. We will review your situation, explain your options, and outline a strategy to pursue the compensation you deserve. Schedule your free consultation.
Disclaimer: This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Legal outcomes and deadlines depend on your specific facts; consult a licensed California attorney about your situation.
