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
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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
These steps are ordered for usefulness: safety and records first, then insurance, medical, and review decisions.
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.
Report the crash and ask for police and paramedics. In a pedestrian collision, always request police because you will want an official report.
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.
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.
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.
Independent witnesses are especially valuable in pedestrian cases, where fault is often disputed.
Stick to facts with police. Saying you are sorry or that you did not see them can be used against you later.
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.
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
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.
Jaywalking
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.
Comparative fault
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.
Injury severity
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.
Hit-and-run and UM
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.
Deadlines
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.
Common 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.
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FAQ
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.
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.
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.
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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