If you or a loved one has been a pedestrian hit by a car in California, you’re not alone—and you’re not without legal options. Pedestrian accidents are alarmingly common in busy California cities, and knowing what steps to take can protect your health, rights, and future.
This guide walks you through exactly what to do after a pedestrian accident, how fault is determined, how much compensation you may be entitled to, and why hiring a lawyer can make all the difference. We proudly assist both English and Spanish-speaking clients throughout California.
What Should You Do Right After Being Hit by a Car as a Pedestrian?
Time is critical after a pedestrian accident. Here are the steps you must take immediately:
Call 911 and Seek Medical Attention
Even if injuries seem minor, get medical attention right away. Many internal injuries or brain trauma symptoms don’t appear until hours or days later.
Document the Scene and Get Witness Info
- Take photos of the crosswalk, vehicle, injuries, and any skid marks.
- Get the driver’s contact and insurance info.
- Ask for names and phone numbers of witnesses.
Avoid Admitting Fault at the Scene
Never say “I was probably in the way” or “I’m okay” to police or the driver. These statements can be used against you in a claim later.
Do You Need to Report a Pedestrian Accident in California?
Yes. California law requires certain reporting protocols.
When to Call the Police
Always call the police for a pedestrian accident, especially if:
- Someone is injured or dies
- The driver flees the scene
- There’s more than $1,000 in property damage
DMV and Insurance Reporting Requirements
- File an SR-1 form with the California DMV within 10 days if injuries or property damage exceed $1,000.
- Report the accident to your insurance company (or the driver’s) as soon as possible.
External Resource:
California DMV Accident Reporting Guide — Report an accident.
Who Is at Fault in a Pedestrian Accident in California?
Determining fault can be complex and depends on evidence and legal statutes.
When the Driver Is at Fault
Drivers are typically at fault when they:
- Fail to yield at crosswalks
- Speed or run red lights
- Drive under the influence
- Text or use their phone
When the Pedestrian Shares Responsibility
Pedestrians may be partially at fault if they:
- Jaywalk
- Cross outside designated areas
- Are distracted (e.g., texting while walking)
Can You Sue If You Were a Pedestrian Hit by a Car?
Yes, you may file a personal injury lawsuit in California against the at-fault party.
When to Contact a Personal Injury Lawyer
Contact a lawyer as soon as possible if:
- You suffered injuries
- The driver denies fault
- You’re struggling with medical bills or lost wages
Statute of Limitations in California
You generally have two years from the date of the accident to file a claim. Minors and wrongful death cases have different timelines.
How Much Compensation Can a Pedestrian Accident Victim Get?
Compensation depends on the severity of injuries and financial losses.
Medical Expenses and Lost Wages
- Hospital and ambulance bills
- Physical therapy
- Time off work or inability to return to your job
Pain and Suffering, Emotional Distress
Non-economic damages cover trauma, anxiety, and reduced quality of life.
What If the Driver Left the Scene?
Hit-and-run pedestrian accidents are sadly common in California.
Uninsured Motorist Claims
If you carry uninsured motorist (UM) coverage, your policy may cover the damages.
Using Surveillance or Traffic Cam Footage
A lawyer can help obtain video from:
- Local businesses
- Traffic cameras
- Doorbell cams (like Ring)
What Rights Do Injured Pedestrians Have in California?
Right to Medical Coverage
Even if you don’t have health insurance, you may still qualify for:
- Med-Pay coverage
- Lien-based medical care
Right to Legal Representation
We represent clients on a contingency fee basis — no fees unless we win. We also offer full support for Spanish-speaking clients.
Are Pedestrian Accidents Common in California?
Unfortunately, yes.
California’s High-Risk Cities for Pedestrians
- Los Angeles
- San Francisco
- San Diego
- Fresno
- Oakland
Common Causes of Pedestrian Collisions
- Distracted driving
- Poor visibility at night
- Speeding in urban zones
- Illegal turns
What Mistakes Should You Avoid After a Pedestrian Accident?
Talking to Insurance Adjusters Without a Lawyer
They may try to get you to settle quickly and for less. Politely decline to give statements until you consult an attorney.
Posting on Social Media
Insurance companies may monitor your social media. Avoid posting anything about the accident, your recovery, or daily activities.
Can a Pedestrian Be Partially at Fault?
Yes, under California’s pure comparative fault rule.
California’s Pure Comparative Fault Rule
Even if you’re found 20%, 50%, or even 80% at fault, you can still recover damages. Your compensation is reduced by your percentage of fault.
Should You Hire a Lawyer After a Pedestrian Accident?
How a Lawyer Maximizes Your Settlement
- Handles all negotiations with insurance companies
- Collects evidence and builds a case
- Ensures you meet all deadlines
What to Look for in a Pedestrian Accident Lawyer
- Experience in pedestrian injury law
- Positive client reviews
- Multilingual support (English & Spanish)
Recent Pedestrian Accidents in California: What We Can Learn
Santa Monica Double Fatality Incident – October 2025
Two pedestrians were killed and two others critically injured when a driver sped through a crowded area. The investigation is ongoing. This tragic case highlights the risks pedestrians face even on sidewalks.
Anaheim Pedestrian Killed on S Brookhurst St
A pedestrian was fatally struck while crossing the street. Local news reports suggest poor lighting and high traffic volume played a role. Cases like this underscore the need for driver accountability and better infrastructure.
FAQs About Pedestrian Accidents in California
1. Should I go to the hospital even if I feel fine?
Yes, injuries like concussions or internal bleeding may not show symptoms right away.
2. Who pays for my medical bills if I was hit by a car?
The at-fault driver’s insurance typically covers your bills. If they fled, your own uninsured motorist coverage may apply.
3. Can I still file a claim if I was jaywalking?
Yes. California uses comparative negligence, so you may still recover partial compensation.
4. How long does it take to settle a pedestrian accident claim?
Anywhere from a few months to over a year, depending on the case complexity.
5. What if I don’t speak English?
At Westside Injury Lawyers, we proudly help Spanish-speaking clients navigate every step.
6. Is a lawyer really necessary for minor injuries?
Yes—insurance companies often undervalue claims, even for “minor” injuries.
Conclusion: Know Your Rights and Act Fast
If you were a pedestrian hit by a car in California, taking swift and informed action can mean the difference between a denied claim and fair compensation. Always seek medical attention, document the scene, avoid common mistakes, and speak with an experienced lawyer.
At Westside Injury Lawyers, we fight for victims across California—and we offer full legal support in Spanish and English. Your consultation is free, and you pay nothing unless we win your case.
Need help now? Call us today or fill out our free case evaluation form. We’re here to protect your rights and help you move forward with confidence.
This article is for informational purposes only and does not constitute legal advice. For free case review of your situation, you can schedule a consultation HERE