Pedestrian Accidents
What to Do After a Pedestrian Accident in California
After a pedestrian accident in California, call 911 and get medical care, get the driver’s name, license, and insurance information, photograph the scene and your injuries, collect witness contact details, and make sure a police report is filed. Then notify your own insurance company, avoid giving a recorded statement to the driver’s insurer, and keep every medical record and bill. Drivers in California must yield to pedestrians in crosswalks, but fault is not always automatic, so early evidence often decides how a claim turns out.
Pedestrians have no protection in a collision with a vehicle, so even low-speed crashes can cause serious injuries. Knowing what to do in the first hours and days helps protect both your health and your claim.
Steps to Take After Being Hit by a Car
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Call 911 and Get Medical Care
Get emergency care if needed, and see a doctor promptly even if you feel okay. Head injuries, internal injuries, and soft tissue damage are not always obvious right away.
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Get the Driver’s Information
California law requires drivers involved in an injury crash to stop and provide their name, address, driver’s license, and vehicle registration. Photograph the license plate and insurance card if you can.
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Document the Scene
Photograph the vehicle, the crosswalk or roadway, traffic signals, signs, lighting, and your injuries. Note the exact location, time, and weather.
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Collect Witness Information
Bystanders, nearby drivers, and business employees can provide independent accounts. Nearby businesses may also have security cameras covering the street.
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Make Sure a Police Report Is Filed
A police report records the officer’s observations, witness statements, and sometimes an initial view of fault. Ask how to obtain a copy.
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Be Careful With Insurance Companies
Notify your own insurer, but speak with a pedestrian accident lawyer before giving a recorded statement to the driver’s insurance company or signing anything.
Who Is at Fault in a Pedestrian Accident?
Under Vehicle Code Section 21950, drivers must yield the right-of-way to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection, and must exercise due care and slow down as needed for pedestrians’ safety. Pedestrians also have duties. They should not suddenly step into the path of a vehicle that is too close to stop. Even when a pedestrian crosses outside a crosswalk, drivers still must use due care, so a driver who was speeding, distracted, or impaired can still be responsible.
| Common Driver Errors | Why They Matter |
|---|---|
| Failing to yield in a crosswalk | A direct violation of the right-of-way rules |
| Turning without checking for pedestrians | Right and left turns at intersections are a frequent cause of pedestrian crashes |
| Distracted driving | Phone use and other distractions delay reaction time |
| Speeding | Higher speeds sharply increase stopping distance and injury severity |
| Backing up without looking | Common in parking lots and driveways |
Since 2023, California law has limited when pedestrians can be ticketed for crossing outside a crosswalk or against a signal, generally allowing it only when there is an immediate danger of a collision. That change does not automatically decide fault in an injury claim, but it reflects that crossing mid-block is not, by itself, unlawful in many situations.
What If You Were Partly at Fault?
California follows pure comparative fault. If you share some responsibility, for example by crossing outside a crosswalk, your compensation is reduced by your percentage of fault but not eliminated. Insurers often argue pedestrians were distracted, wearing dark clothing, or crossing unlawfully. Photos, video, and witness accounts are often what answer those arguments.
Insurers often try to shift blame onto pedestrians. A free case review can help you understand where you stand.
Get a Free Case ReviewWhat If It Was a Hit-and-Run?
If the driver fled, report the crash to police right away. Your own auto policy’s uninsured motorist coverage may cover your injuries even though you were walking, and coverage under a household family member’s policy may also apply. Uninsured motorist claims involving a hit-and-run generally require prompt reporting to the police, often within 24 hours, so do not delay. Look for nearby cameras, since footage from businesses, homes, or traffic systems may identify the vehicle.
Compensation You May Be Able to Recover
California is a fault-based state, so an injured pedestrian can pursue the at-fault driver for losses such as medical expenses, future medical care, lost wages, reduced earning capacity, pain and suffering, and emotional distress. In cases involving catastrophic injuries such as brain or spinal cord injuries, future care costs can be substantial, which is why it matters to understand the full extent of your injuries before settling.
When a Road Condition Played a Role
Sometimes a dangerous road design or condition contributes to a pedestrian crash, such as a missing crosswalk, a broken signal, poor lighting, or obstructed sightlines. In those cases, a public entity may share responsibility. Claims against government entities in California generally must be filed within six months under Government Code Section 911.2, a much shorter deadline than ordinary injury claims.
Pedestrian Safety in Walnut Creek and Contra Costa County
Downtown Walnut Creek, the areas around BART stations, school zones, and busy corridors such as Ygnacio Valley Road and North Main Street see heavy foot and vehicle traffic. Parking lot crashes at shopping centers are also common. A pedestrian accident attorney familiar with local roads can request traffic camera footage, signal timing records, and police reports before they become harder to obtain.
Deadlines That Apply
Most California injury lawsuits must be filed within two years under Code of Civil Procedure Section 335.1, and claims against government entities have the six-month deadline described above.
Learn more on our Walnut Creek pedestrian accident lawyer page, or read what evidence you should keep after an injury.
Frequently Asked Questions
Can I recover compensation if I was jaywalking?
Possibly. Under pure comparative fault, crossing outside a crosswalk may reduce your recovery, but it does not automatically bar it, and drivers still owe pedestrians a duty of care.
Does my car insurance cover me if I was hit while walking?
Often, yes. Medical payments coverage and uninsured or underinsured motorist coverage on your own policy may apply even when you were on foot.
What if I felt fine at the scene?
See a doctor anyway. Some serious injuries take time to show symptoms, and a prompt medical record connects your injuries to the crash.
How long do I have to file a claim?
Most injury lawsuits must be filed within two years, but claims involving government entities generally must be filed within six months.
Hit by a Car While Walking?
Every case at The Herman Firm gets direct attorney attention from the first call. Consultations are free, and you pay no attorney fees unless we recover compensation for you.
Call 925-532-1977 Request a Free Case ReviewAsk us during your consultation how case costs are handled.