Reader intent
Help a California pedestrian who was struck by a vehicle understand the immediate steps to take, the rules specific to pedestrian cases, and the deadlines that protect their potential claim.
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What to Do After a Pedestrian Accident in CA
Being struck by a car, truck, or other vehicle while on foot is one of the most dangerous things that can happen on a California road. Pedestrians have no airbags, no seatbelts, and no metal shell, so even a low-speed collision can cause broken bones, head injuries, internal trauma, or worse. If you or someone you love was just hit, your first job is to stay safe and get medical help. This guide walks through what to do in the minutes, days, and weeks afterward, then covers the rules that are specific to pedestrian cases in California. Hurt Advice is not a law firm and does not provide legal advice. This page is general information to help you understand your situation and your options. Every case turns on its own facts.
Written by Raffi Naljian, Esq.
Legally reviewed by Astghik Sogoyan, Esq.
Last reviewed June 12, 2026
Our legal review processResource at a glance
What to Do After a Pedestrian Accident in CA
Hit by a car while walking in California? Step-by-step actions, your right-of-way at crosswalks, comparative fault, deadlines, and how to get help. This resource is educational and should be used to organize facts before requesting independent attorney review when appropriate.
Last reviewed
Key takeaway 1
At the scene, prioritize safety and medical care, then call 911 and request both police and paramedics.
Source: Visible resource pageKey takeaway 2
Get medical care immediately even if you feel okay, because adrenaline can mask serious injuries like concussions or internal bleeding.
Source: Visible resource pageKey takeaway 3
California gives pedestrians strong right-of-way protection at marked and unmarked crosswalks, but that protection is not absolute.
Source: Visible resource pageRelated routes
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Hurt Advice is not a law firm and does not provide legal advice.
Source: Hurt Advice source policyWhat can change the answer
- The reader's exact event, date, records, policy language, treatment course, losses, and disputed facts.
- Whether a public entity, minor, delayed discovery issue, commercial party, or other special rule may be involved.
- The current primary source and any later amendment, court interpretation, or fact-specific exception.
What this page cannot establish
- The resource is general educational information and cannot calculate an individual deadline, fault allocation, damages, or claim value.
- Examples and internal models are not official records, reported outcomes, guarantees, or legal conclusions.
- Hurt Advice is not a law firm; a separate written agreement with an independent attorney or law firm is required for representation.
Sources and review links
Review the cited sources and the page's local details before relying on general information for a specific claim.
Quick answer
The useful answer in plain English
Hit by a car while walking in California? Step-by-step actions, your right-of-way at crosswalks, comparative fault, deadlines, and how to get help. Hurt Advice is not a law firm and does not provide legal advice. Use this page to organize facts, records, and next questions before deciding whether to request review by an independent participating attorney or law firm.
At the scene, prioritize safety and medical care, then call 911 and request both police and paramedics.
Get medical care immediately even if you feel okay, because adrenaline can mask serious injuries like concussions or internal bleeding.
California gives pedestrians strong right-of-way protection at marked and unmarked crosswalks, but that protection is not absolute.
Crossing outside a crosswalk does not automatically make you at fault under California's pure comparative negligence rule.
Even if you are partly at fault, you may still recover; your recovery is just reduced by your percentage of fault.
Deadlines matter: generally two years to sue, but only six months for claims involving a government entity.
Step-by-step
What to do next
These steps are ordered for usefulness: safety and records first, then insurance, medical, and review decisions.
1
Get to safety and check for injuries
If you can move, get out of the roadway and away from traffic. Try not to make sudden movements if you suspect a head, neck, or back injury.
2
Call 911
Report the crash and ask for police and paramedics. In a pedestrian collision, always request police because you will want an official report.
3
Get medical care immediately
Even if you feel okay, adrenaline masks pain and serious injuries such as concussions, internal bleeding, and fractures can be delayed or invisible at first. Let paramedics evaluate you and follow up with a doctor right away.
4
Document the scene if you safely can
Photograph the vehicle, its license plate, the roadway, traffic signals, crosswalk markings, skid marks, your injuries, and the lighting and weather. If you cannot, ask a bystander to.
5
Get the driver's information
Collect the name, license, license plate, insurance, and contact details. If the driver flees in a hit-and-run, get whatever you can, such as color, make, partial plate, and direction of travel.
6
Collect witness names and phone numbers
Independent witnesses are especially valuable in pedestrian cases, where fault is often disputed.
7
Do not admit fault or guess what happened
Stick to facts with police. Saying you are sorry or that you did not see them can be used against you later.
8
Preserve evidence
Keep the clothing and shoes you were wearing, and do not delete photos, texts, or anything on a fitness tracker that might show your route or speed.
9
Notify your own insurer promptly and be cautious of early settlement calls
Report the basic facts to your own insurer, since even as a pedestrian your own auto policy may matter. The driver's insurer may call within days offering a quick check, so be very cautious about accepting money or giving a recorded statement before you understand the full extent of your injuries.
Right-of-way
Right-of-way and crosswalks
California gives pedestrians significant protection. Under California Vehicle Code section 21950, a driver shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, and must reduce speed or take other action to keep the pedestrian safe. Importantly, an unmarked crosswalk exists at most intersections even where no lines are painted, so a driver's duty to yield is not limited to painted crossings. That same statute also says it does not relieve a pedestrian from using due care, and a pedestrian may not suddenly leave a curb into the path of a vehicle that is close enough to be an immediate hazard. In other words, right-of-way is strong but not absolute. Confirm the exact statutory language with a licensed California attorney.
- Drivers must yield to pedestrians in marked and unmarked crosswalks at intersections.
- Unmarked crosswalks exist at most intersections even without painted lines.
- Pedestrians still must use due care and cannot suddenly leave a curb into traffic.
- Right-of-way protection is strong but not absolute.
Jaywalking
Jaywalking and the Freedom to Walk Act
Many people assume that crossing outside a crosswalk automatically means the pedestrian was at fault. That is not the law. The Freedom to Walk Act, AB 2147, effective January 1, 2023, amended Vehicle Code section 21955 so that police may not cite a pedestrian for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of collision. Crossing mid-block can still affect a comparative-fault analysis, but it does not, by itself, bar your claim. Decriminalizing the crossing does not eliminate a pedestrian's civil duty of care, so confirm how these rules apply to your situation with an attorney.
- Crossing outside a crosswalk is not automatically the pedestrian's fault.
- Police may cite a mid-block crossing only when a careful person would see immediate danger of collision.
- Mid-block crossing can affect comparative fault but does not bar a claim by itself.
Comparative fault
Comparative fault: partial fault does not end your case
California follows pure comparative negligence, a rule the California Supreme Court adopted in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Under it, an injured pedestrian can recover even if partly at fault; the recovery is just reduced by the pedestrian's percentage of fault. For example, if your damages are 200,000 dollars and you are found 20 percent at fault, you could recover 160,000 dollars. That figure is illustrative only. Even a pedestrian found mostly at fault is not automatically barred from some recovery. Insurers know this rule and often try to pin a high fault percentage on the pedestrian, which is exactly why scene evidence and witnesses matter.
- Pure comparative negligence lets you recover even when partly at fault.
- Recovery is reduced by your percentage of fault.
- Even a pedestrian found mostly at fault may still recover some amount.
- Insurers often try to assign a high fault percentage to the pedestrian.
Injury severity
Severe injuries and higher case value
Because pedestrians absorb the full force of a collision, injuries tend to be more serious than in vehicle-to-vehicle crashes. Traumatic brain injuries, spinal injuries, multiple fractures, and long rehabilitation are common. That can mean larger medical bills, more lost income, and significant pain and suffering. You can get a rough sense of ranges with our settlement calculator, and see how injury severity drives accident statistics. These tools provide educational estimates, not predictions of outcome.
- Pedestrian injuries are often more severe than vehicle-to-vehicle crashes.
- Common injuries include traumatic brain injuries, spinal injuries, and fractures.
- More serious injuries can mean larger medical bills, lost income, and pain and suffering.
- Calculators and statistics are educational estimates, not predictions.
Hit-and-run and UM
Hit-and-run and uninsured drivers
If the driver fled or had no insurance, you may still have a path to compensation through the uninsured motorist coverage on your own auto policy, which in California can cover you even when you are hurt as a pedestrian. For a hit-and-run phantom vehicle, California law generally requires actual physical contact between the vehicle and the pedestrian to make a UM claim, and there are strict notice deadlines in the policy. If a household member's policy might apply, that is worth checking with a lawyer. Confirm coverage and deadlines under your own policy terms with an attorney.
- Your own uninsured motorist coverage may apply even when you are hurt as a pedestrian.
- A hit-and-run phantom vehicle claim generally requires actual physical contact.
- Policies carry strict notice deadlines for UM claims.
- A household member's policy may also apply, so check with a lawyer.
Deadlines
Deadlines you cannot miss
California's general personal-injury deadline is two years from the date of injury under Code of Civil Procedure section 335.1. If a public entity is involved, such as a bus, a city truck, or a police car, you generally must file a written government claim within six months under Government Code section 911.2 before you can sue. Shorter contractual deadlines can apply to UM and insurance claims under your own policy. Minors and other exceptions can change the clock. Missing a deadline can permanently end an otherwise strong claim, so confirm the dates that apply to your case with a licensed California attorney.
- Generally two years from the date of injury to file a lawsuit.
- Six months to file a written claim against a government entity.
- UM and insurance claims may have their own shorter policy deadlines.
- Tolling for minors and other exceptions can change the timeline.
Common mistakes
Avoid these claim-planning mistakes
Search results can make a complicated injury issue feel simple. These are the mistakes that most often create confusion later.
Skipping medical care because you feel okay, when adrenaline can mask concussions, internal bleeding, or fractures.
Admitting fault or guessing what happened at the scene, which can be used against you later.
Assuming that crossing outside a crosswalk automatically means you have no case.
Accepting an early settlement check or giving a recorded statement before you understand the full extent of your injuries.
Missing a filing deadline, especially the short six-month window for claims against a government entity.
Related reading path
Where to go from here
These links connect the answer to service pages, evidence pages, insurance pages, medical-care resources, and attorney profile discovery.
Do I Have a Case?Walk through a few questions to understand whether your pedestrian injury situation may support a claim.Settlement CalculatorGet an educational estimate of potential ranges based on your injuries and losses.California Statute of LimitationsUnderstand the key filing deadlines, including the two-year and six-month windows.Comparative NegligenceLearn how California's pure comparative negligence rule can reduce but not bar your recovery.Uninsured and Underinsured MotoristSee how your own UM coverage may help after a hit-and-run or uninsured driver.Connect With a California AttorneyIf you choose, get connected with a licensed California personal injury attorney.
FAQ
Questions this page answers
I was crossing outside a crosswalk. Do I still have a case?Open
Possibly. Crossing mid-block may reduce your recovery under comparative fault, but California's pure comparative negligence rule means it usually does not bar a claim outright. Confirm how this applies to your situation with a licensed California attorney.
The insurance adjuster seems friendly and offered me money. Should I take it?Open
Be cautious. Early offers often come before the full extent of an injury is known, and accepting can end your claim. Consider speaking with an attorney first. This is general information, not legal advice.
What if the driver had no insurance or drove off?Open
You may be able to use the uninsured motorist coverage on your own or a household member's auto policy. A hit-and-run claim generally requires physical contact between the vehicle and the pedestrian. Confirm the details with an attorney.
How much is my case worth?Open
It depends on injury severity, medical costs, lost income, and fault. Try our settlement calculator for an educational estimate, not a prediction.
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