If a car hit you while you were walking in California, call 911, get the driver’s license and insurance information, photograph the scene, and see a doctor the same day. California drivers must yield to pedestrians in crosswalks under Vehicle Code 21950, and you can recover money even if you were partly at fault.
A pedestrian accident claim is a personal injury claim against the driver who hit you, paid in almost every case by that driver’s insurance company. This guide walks through the steps to take at the scene, who is at fault, who pays your medical bills, and the deadlines that apply. It applies to California claims. Every case is different.
What should you do right after being hit by a car?
Call 911 first, even if you think you can walk it off. You need a police report and a medical evaluation, and both matter more in a pedestrian case than in almost any other kind of crash. Then gather the same evidence you would after a car accident, starting with the driver.
- 1Call 911. Ask for police and paramedics. The traffic collision report will record the driver’s statements, the point of impact, and often a fault finding.
- 2Get the driver’s information. Driver’s license, insurance card, and license plate. Photograph all three if you can.
- 3Photograph the scene. The crosswalk, the walk signal, skid marks, the vehicle, your injuries, and the position of the car before it moves.
- 4Find witnesses. Names and phone numbers. Independent witnesses often decide pedestrian cases because the driver rarely admits fault.
- 5See a doctor the same day. Adrenaline masks injuries. A same-day record also ties your injuries to the crash.
- 6Say little and sign nothing. Do not apologize, guess about fault, or give a recorded statement to the driver’s insurer.
If you were taken away by ambulance and could not do any of this, do not panic. In our practice we send an investigator back to the scene, pull the traffic collision report, and request nearby camera footage before it is erased. The evidence usually still exists in the first days after a crash. Acting fast is what preserves it.
Who is at fault when a car hits a pedestrian in California?
The driver is usually at fault when a pedestrian is hit in a crosswalk. California Vehicle Code 21950 requires drivers to yield the right-of-way to a pedestrian crossing in any marked crosswalk, or in an unmarked crosswalk at an intersection, and to slow down and use due care for the pedestrian’s safety.
Two details in that statute matter for your claim. First, unmarked crosswalks count. Nearly every corner where two streets meet is a legal crosswalk even with no painted lines, so a driver who hits you there still had a duty to yield. Second, the statute says a pedestrian cannot suddenly leave the curb and walk into the path of a car that is an immediate hazard. Insurance companies quote that line constantly. It does not erase the driver’s duty of care, and it rarely applies the way adjusters claim it does. Fault in a pedestrian case is built from the police report, witness statements, vehicle damage, and camera footage, not from the adjuster’s first theory.
What if you were outside the crosswalk or jaywalking?
You can still recover money even if you crossed mid-block. California follows pure comparative negligence, which means your compensation is reduced by your percentage of fault rather than eliminated. A pedestrian found 30 percent at fault for crossing outside a crosswalk still recovers 70 percent of their damages.
Two laws shape these cases. Vehicle Code 21954 says a pedestrian outside a crosswalk must yield to traffic that is an immediate hazard, but the same section says the driver still owes a duty of due care to any pedestrian in the roadway. And since 2023, the Freedom to Walk Act has changed how jaywalking itself is treated. Under Vehicle Code 21955, an officer is not even supposed to stop a pedestrian for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of collision. Do not let an adjuster convince you that crossing mid-block ends your case. It does not.
Not sure what to do next? You can call Morales Law Firm for a free consultation before speaking with the insurance company, and there is no fee unless we win.
Call (626) 521-5402Who pays your medical bills after a pedestrian accident?
The driver’s liability insurance pays for your injuries in the end, but it pays in one lump sum at settlement, not bill by bill. In the meantime your own health insurance, medical payments coverage, and doctors who treat on a lien basis carry the treatment. We explain the whole system in our guide to who pays medical bills after a California crash.
One surprise helps many of our pedestrian clients: your own auto insurance can cover you even though you were on foot. Medical payments coverage follows the person, not the vehicle, so a med pay policy on your car can pay early bills from a walking injury. Keep every bill, every explanation of benefits, and every mileage log for medical trips. Those records become the economic damages portion of your claim, and gaps in treatment become the insurance company’s favorite argument for paying less.
What if the driver fled or has no insurance?
Hit-and-run drivers and uninsured drivers are common in pedestrian cases, and you still have a path to recovery. Your own uninsured motorist coverage applies to you as a pedestrian. If a hit-and-run driver is never found, your UM coverage stands in for that driver’s missing policy, and your claim proceeds against your own insurer.
Report a hit-and-run to police immediately, because UM hit-and-run claims have strict reporting requirements and your insurer will check the police report date. If the driver stayed but carries no insurance, or California’s minimum limits that cannot cover a serious injury, UM and underinsured motorist coverage fill the gap the same way. We covered how these claims work in our post on what happens when the driver has no insurance. If you live with a relative whose policy includes UM coverage, that policy may cover you too. Bring every household auto policy to your consultation.
How long do you have to file a pedestrian injury claim?
Two years. Under Code of Civil Procedure 335.1, you generally have two years from the date of the crash to file a personal injury lawsuit in California. Miss it and the claim is gone, no matter how strong it was.
One deadline is far shorter and traps pedestrians more than anyone else. If a government vehicle hit you, or a dangerous public crossing contributed to the crash, think missing crosswalk paint, a broken signal, or an unlit intersection, you must present a government claim within six months under Government Code 911.2 before you can sue the city, county, or state. Six months passes quickly when you are in treatment. Deadlines like these are covered in our post on the statute of limitations for California accident claims, and they are the first thing we calendar on every new case.
Should you talk to the driver’s insurance company?
No. Report the crash to your own insurer, but do not give the driver’s insurance company a recorded statement, sign any authorization, or accept any early offer before you understand your injuries. Pedestrian injuries often involve fractures, road rash, and head trauma that take weeks to show their full extent.
In our experience, one of the biggest mistakes injured pedestrians make is giving the driver’s insurer a friendly recorded statement in the first week, before the full injury picture exists. That mistake can matter because the adjuster locks you into minimizing language, “I’m feeling better,” and uses it against the claim months later when an MRI shows a real injury. If you are dealing with this issue, save the adjuster’s letters and voicemails and do not give any recorded statement before speaking with an attorney.
Early checks work the same way. A fast offer almost always arrives before your diagnosis is complete, and cashing it ends the claim forever. We wrote about that trap in our post on whether to accept the first settlement offer.
When should you call a lawyer?
Call a lawyer before you talk to the driver’s insurer if any of these apply to your crash. Pedestrian cases turn on evidence that disappears fast, and the insurance company starts working on its defense the day of the crash.
- 1You were seriously hurt. Fractures, surgery, head injury, or any hospital stay.
- 2The driver fled or has no insurance. UM claims are still claims against an insurance company that wants to pay less.
- 3The insurer blames you. Any suggestion you were jaywalking, distracted, or wearing dark clothing.
- 4A government vehicle or dangerous crossing was involved. The six-month government claim deadline is unforgiving.
- 5You got a quick settlement offer. Fast money is a sign the claim is larger than the check.
How does Morales Law Firm handle pedestrian accident cases?
We treat a pedestrian case like the serious injury case it usually is. Our office is at 151 W. Bonita Ave in San Dimas, and we handle pedestrian and car accident cases across the San Gabriel Valley and Inland Empire, from crossings along Arrow Highway and Foothill Boulevard to the streets around the new A Line stations in San Dimas, La Verne, and Pomona that put more people on foot every day.
We photograph and measure the scene, request signal timing and camera footage, interview witnesses, and get you to doctors who treat crash injuries, then we build the demand while you focus on healing. Cases that do not settle are filed at Pomona Courthouse South or the San Bernardino Justice Center. If you are wondering what the road ahead looks like, our guide to how long a personal injury case takes in California lays out each stage. The consultation is free, and there is no fee unless we win.
Frequently asked questions
Can I recover money if I was jaywalking when the car hit me?
Usually yes. California’s pure comparative negligence rule reduces your recovery by your share of fault instead of barring it. Drivers owe pedestrians due care even outside crosswalks under Vehicle Code 21954, so a jaywalking pedestrian with serious injuries can still have a strong claim.
Does an unmarked crosswalk count as a crosswalk in California?
Yes. An unmarked crosswalk exists at nearly every intersection where streets meet at roughly right angles, painted lines or not. Under Vehicle Code 21950, a driver must yield to a pedestrian crossing in an unmarked crosswalk just as in a marked one.
What if the car that hit me drove away?
Report it to police right away, then check your own auto policy for uninsured motorist coverage. UM coverage applies to you as a pedestrian and stands in for the hit-and-run driver’s missing insurance. A household relative’s UM policy may also cover you.
Who pays my medical bills while my pedestrian claim is pending?
Your health insurance, medical payments coverage on your own auto policy, or doctors who treat on a lien carry your bills during the claim. The driver’s insurer pays one settlement at the end, which then repays those sources and compensates you.
How long do I have to sue after being hit by a car in California?
Generally two years from the crash under Code of Civil Procedure 335.1. If a government vehicle or a dangerous public road condition was involved, you must first present a government claim within six months under Government Code 911.2.
Do I need a police report to bring a pedestrian injury claim?
No, but it helps a lot. A traffic collision report documents the driver, the scene, and often a fault finding, and insurers take reported crashes more seriously. If police never came, a lawyer can still build the case with witnesses, photos, and camera footage.
Injured in a crash? Call or text Morales Law Firm at (626) 521-5402 for a free consultation. No fee unless we win.
Call or Text (626) 521-5402This article is for general educational purposes only and is not legal advice. Every case is different. Reading this article does not create an attorney-client relationship. If you were injured, speak with a qualified attorney about your specific facts and deadlines. Reviewed by Francisco J. Morales, Esq., California personal injury attorney, SBN 349235. About the author.
