Cars hit pedestrians every day in California. Crosswalks, parking lots, sidewalks, intersections—no location is truly safe when drivers aren’t paying attention.
Pedestrians always lose these encounters. You have no protection. A two-ton vehicle traveling even 20 mph causes catastrophic injuries. Broken bones, traumatic brain injuries, spinal cord damage, internal bleeding. Recovery takes months or years, if full recovery is even possible.
California law gives pedestrians strong legal protections. Understanding your rights after getting hit matters because insurance companies will try to blame you, minimize your injuries, pay as little as possible.
California’s Pedestrian Right-of-Way Laws
Drivers must yield to pedestrians in marked or unmarked crosswalks. This means every intersection has a crosswalk, whether painted lines exist or not. Drivers turning at intersections must yield to pedestrians crossing the street they’re turning onto or from.
Pedestrians have the right of way when crossing at traffic signals, even if the driver has a green light for turning. The pedestrian signal controls.
But pedestrians also have duties. You can’t suddenly leave a curb and walk into traffic so close a driver can’t stop. You can’t cross outside a crosswalk when one is available nearby. You can’t walk on freeways or highways where pedestrians are prohibited.
When Drivers Are Liable
Driver negligence causes most pedestrian accidents. Distracted driving—texting, phone calls, adjusting the radio. Speeding through residential areas or school zones. Running red lights or stop signs. Failing to yield in crosswalks. Making turns without checking for pedestrians. Driving under the influence.
Drivers are liable when their negligence causes pedestrian injuries. Even if you were jaywalking or crossing against the signal, the driver may still share fault if they were speeding, distracted, or could have avoided hitting you.
California’s comparative negligence rule applies. Your compensation reduces by your percentage of fault, but you can still recover even if you share some blame.
When Pedestrians Share Fault
You crossed mid-block instead of at the crosswalk. You were looking at your phone and stepped into traffic. You crossed against the signal. These actions create comparative fault that reduces your recovery.
But partial fault doesn’t eliminate your claim. If you were 30% at fault for jaywalking but the driver was 70% at fault for speeding and not paying attention, you recover 70% of your damages.
Insurance companies overstate pedestrian fault to reduce payouts. They’ll claim you “darted out” even when you didn’t. They’ll argue you were wearing dark clothing at night even when street lights provided visibility. Fight back with evidence showing the driver’s greater responsibility.
Damages You Can Recover
Pedestrian accident injuries are typically severe. Medical bills accumulate fast: emergency room treatment, surgery, hospital stays, physical therapy, ongoing care.
You can recover compensation for all medical expenses, past and future. Lost wages from time off work. Lost earning capacity if injuries prevent you from returning to your job. Pain and suffering. Emotional distress. Permanent disability or disfigurement. Loss of enjoyment of life when injuries prevent activities you once loved.
California has no cap on economic or non-economic damages in pedestrian accident cases. Your recovery depends on the severity of your injuries and their impact on your life.
Uninsured Motorist Coverage
The driver who hit you has no insurance or minimal coverage. Your injuries cost $200,000 but they only have $15,000 in liability coverage.
Your own uninsured/underinsured motorist (UM/UIM) coverage fills this gap. If you have auto insurance, your UM/UIM coverage applies even when you’re on foot. This coverage pays the difference between what the at-fault driver’s insurance pays and your total damages.
Many pedestrian accident victims don’t realize their own car insurance covers them when walking. Check your policy limits. This coverage often provides the only realistic path to full compensation.
Hit and Run Accidents
The driver who hit you fled the scene. You didn’t get a license plate. No witnesses can identify the vehicle.
Your UM/UIM coverage covers hit and run accidents. File a police report immediately—most policies require this within 24 hours. Report the accident to your insurance company quickly. They may deny coverage if you wait too long.
Hit and run cases are difficult because you can’t sue an unknown driver. Your own insurance becomes the only option for recovery.
Dangerous Crosswalks and Intersection Design
Sometimes poor road design contributes to pedestrian accidents. Crosswalks with inadequate signage or markings. Intersections with obstructed sight lines. Missing pedestrian signals. Insufficient crossing time at signals. Poorly lit areas where drivers can’t see pedestrians at night.
Government entities responsible for road design and maintenance can be liable for dangerous conditions. These claims require filing an administrative claim within six months and navigating complex governmental immunity rules.
But when successful, they can result in both compensation for you and improvements that protect future pedestrians.
What to Do After Getting Hit
Call 911 immediately. You need police documentation and medical evaluation. Adrenaline masks injury symptoms. What feels minor at the scene can be serious.
Get the driver’s information: name, license number, insurance details. If witnesses saw the accident, get their contact information. Take photos of the scene, your injuries, vehicle damage, crosswalk location, traffic signals.
Don’t apologize or admit any fault. Don’t give detailed statements to insurance adjusters. Seek medical treatment within 24 hours even if you declined an ambulance at the scene. Gaps in treatment hurt your claim.
Time Limits Apply
California gives you two years from the accident date to file a lawsuit. Claims against government entities require administrative claims within six months.
These deadlines are absolute. Miss them and you lose your right to compensation permanently, regardless of injury severity or claim strength.
Insurance Company Tactics
Adjusters will try to minimize pedestrian accident claims. They’ll argue you weren’t in a crosswalk, weren’t paying attention, were wearing dark clothing, suddenly stepped into traffic. They’ll pressure you to settle quickly before understanding the full extent of your injuries.
They’ll use surveillance and social media to undermine injury claims. A photo of you standing at a family event becomes “proof” you’re not really hurt.
Don’t give recorded statements. Don’t sign medical releases allowing them access to your entire medical history. Don’t accept quick settlement offers before completing treatment.
You Need Legal Representation
Pedestrian accident cases involve serious injuries, complex liability issues, and aggressive insurance defense. You’re recovering from injuries while insurance companies work to minimize your claim.
Cohen Injury Law Group handles pedestrian accident cases throughout California. We investigate what happened, gather evidence proving driver fault, calculate full damages.