If you were hit by a car while walking in California, you may have the right to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages. Even if you were partially at fault, California’s comparative negligence laws may still allow injured pedestrians to recover compensation. Taking the right steps after the accident, including seeking medical care, preserving evidence, and speaking with an experienced pedestrian accident attorney, can make a significant difference in your claim.
At Hillguard Injury Lawyers, we have spent more than a decade representing Californians injured by negligence, helping clients recover tens of millions of dollars in settlements and verdicts. Our team handles every stage of a pedestrian accident claim, from investigating the crash to negotiating with insurers and, when necessary, taking cases to trial. California attorney David E. Jacobson was recognized by Super Lawyers (2026) and The National Trial Lawyers Top 40 Under 40, an invitation-only professional organization recognizing qualifying attorneys. If you were hit by a car while walking in California, contact us today for a free consultation.
In this guide, we will explain what to do next, your legal rights, and how to pursue the compensation you deserve.
What Are the Common Causes of Pedestrian Accidents in California?
Pedestrian accidents are often caused by driver negligence, unsafe road conditions, or a combination of both. Identifying the cause is an important step in establishing liability and pursuing compensation under California personal injury law.
Distracted Driving
Distracted driving is one of the most common causes of pedestrian accidents in California. A driver who is focused on a text message, navigation system, phone call, or even adjusting the vehicle’s controls may fail to notice a pedestrian entering a crosswalk or walking along the road. Pedestrians have little protection in a collision, and even a momentary distraction can lead to severe or fatal injuries.
Although pedestrians should remain aware of their surroundings, California drivers have a legal duty to operate their vehicles with reasonable care. When a driver’s distraction causes an accident, they may be held financially responsible for the victim’s medical expenses, lost wages, pain and suffering, as well as other damages.
Speeding
Speeding also significantly increases both the likelihood of a pedestrian accident and the severity of the injuries that follow. Drivers moving above the speed limit have less time to react to someone crossing the street, and their vehicles require a much longer distance to stop safely. As a result, high-speed collisions often cause traumatic brain injuries, spinal cord injuries, broken bones, and other life-changing harm.
Speeding is especially dangerous in areas where pedestrians are expected, such as school zones, residential streets, shopping districts, and downtown intersections. Even when a pedestrian is crossing legally, excessive speed may prevent the driver from stopping before impact.
Failure to Yield at Marked Crosswalks
Failure to yield is another common cause of pedestrian accidents throughout California. Drivers are generally required to yield the right of way to pedestrians crossing within marked or unmarked crosswalks. Unfortunately, some motorists ignore traffic laws, rush through intersections, or simply fail to notice pedestrians until it is too late. Heavy traffic, distractions, and impatience can all contribute to a driver’s failure to stop for pedestrians who have the legal right of way.
Drunk or Impaired Driving
Alcohol or drug impairment continues to be a major factor in serious pedestrian accidents throughout California. It affects a driver’s judgment, reaction time, coordination, and ability to recognize danger, making it more likely that they will fail to see a pedestrian until it is too late.
Alcohol is not the only substance that can impair a driver’s ability to operate a vehicle safely. Prescription medications, illegal drugs, and even some over-the-counter medications can reduce alertness and slow reaction times. Regardless of the substance involved, drivers have a legal responsibility to ensure they are capable of driving safely before getting behind the wheel.
Left-Turn and Right-Turn Collisions
Intersections are among the most common locations for pedestrian accidents, particularly when drivers are making left or right turns. Many motorists focus their attention on oncoming traffic, traffic signals, or finding a gap between vehicles, causing them to overlook pedestrians who are lawfully crossing the street. Even at lower speeds, these collisions can result in serious injuries because a pedestrian has almost nothing shielding them from the force of the vehicle.
California drivers are expected to exercise reasonable care whenever they approach or enter an intersection. That includes checking for pedestrians before making a turn and yielding when required by law. If a driver fails to do so, they may be held liable for the injuries and financial losses suffered by the pedestrian.
Poor Visibility at Night
Data from the California Office of Traffic Safety shows that over 1,100 pedestrians were killed on California roads in 2023. The majority of these deaths occur after dark, because drivers have less time to see and react to people on or near the roadway. Limited street lighting, glare from headlights, poor weather conditions, and dark clothing can all reduce visibility. While these factors may make pedestrians harder to spot, they do not relieve drivers of their duty to stay alert and operate their vehicles safely. Although pedestrians should take reasonable precautions to remain visible, California law requires motorists to exercise due care to avoid striking pedestrians, regardless of the time of day.
Backing-Up Accidents in Parking Lots
Pedestrian accidents are not limited to busy roads and intersections. They can occur in parking lots when drivers reverse out of parking spaces without checking for people walking behind their vehicles. Pedestrians often share these spaces with moving vehicles, so drivers must remain attentive and proceed with caution when backing up.
Children, older adults, and shoppers are particularly vulnerable in parking lots because they may be difficult to see or may be distracted while walking. Parked vehicles and large trucks can block a driver’s view, making it harder to spot pedestrians.
Poor Road Design or Defective Traffic Signals
Not every pedestrian accident is caused solely by driver negligence. In some cases, unsafe road conditions or malfunctioning traffic control devices contribute to pedestrian accidents. Missing crosswalks, inadequate street lighting, damaged sidewalks, and defective traffic signals can all increase the risk of pedestrians being hit by a vehicle.
Poor road design may leave pedestrians with few safe places to cross or make it difficult for drivers to see people entering the roadway. Also, faulty traffic lights and poorly timed pedestrian signals can create dangerous conditions for people crossing the street.
What Should You Do Immediately After Being Hit by a Car?
If you’ve been hit by a car, the steps you take immediately after the accident can protect your health and legal rights. Acting quickly can also help you preserve important evidence that may strengthen your pedestrian accident claim. Knowing what happens when you get hit by a car can help you make better decisions in those first critical moments.
First, call 911 so emergency responders, the California Highway Patrol, or other law enforcement can come to the scene and prepare an official accident report. Even if you feel fine, seek medical attention as soon as possible because injuries such as concussions, internal bleeding, or soft tissue damage may not be immediately visible. If you can move without worsening your injuries, get to a safe location away from traffic. However, if you believe you’ve suffered a serious injury, remain where you are until emergency services arrive.
If it’s safe, gather evidence by taking photos of your injuries, the vehicle, the roadway, traffic signals, crosswalks, and any property damage. Collect witness information, and exchange driver information, including contact and insurance information. Also, report the accident to the responding officer and request a copy of the traffic collision report when it becomes available.
As the investigation begins, avoid discussing fault or making statements that could be interpreted as admitting responsibility. Instead, let the evidence speak for itself and consider contacting a personal injury lawyer as soon as possible. The team at Hillguard Injury Lawyers can explain your legal options, deal with insurance companies on your behalf, and help you pursue the financial compensation you may be entitled to on a contingency fee basis.
What Should You Do and Avoid After a Pedestrian Accident?
The steps you take after a pedestrian accident can affect both your health and your personal injury claim. Use the table below as a quick guide to the actions that can help protect your rights, and the mistakes to avoid.
| Do | Avoid |
|---|---|
| Call 911 immediately and wait until the police arrive. | Leaving the scene where the crash happened before it is safe. |
| Seek medical attention, even if you feel okay. | Delaying medical treatment. |
| Take photos and gather evidence if possible. | Admitting fault or apologizing for the accident. |
| Collect witness contact information. | Discussing your injuries in detail with the driver’s insurer before getting legal advice. |
| Report the accident to law enforcement. | Waiting too long to seek legal guidance. |
| Contact a pedestrian accident attorney. | Missing important deadlines for filing a claim. |
What California Pedestrian Laws Should You Know?
California law requires drivers to yield to pedestrians and exercise reasonable care to help ensure pedestrian safety, particularly at marked and many unmarked crosswalks. At the same time, pedestrian responsibilities include obeying traffic signals, using designated crosswalks when available, and avoiding unsafe crossings, as the actions of both drivers and pedestrians can affect liability.
Even when both parties have responsibilities, fault is not always assigned entirely to one person after a pedestrian accident. Under comparative negligence in California, you may still recover compensation even if you were partly at fault for the accident, though your recovery may be reduced due to your share of the responsibility. Because insurance companies often dispute liability, evidence such as photographs, witness statements, surveillance footage, and police reports can be important in supporting a pedestrian accident claim.
When it comes to crosswalk vs. jaywalking, crossing outside a crosswalk does not automatically make a pedestrian responsible for an accident. California recognizes many unmarked crosswalks, and fault is determined by the specific circumstances, including whether the driver acted with reasonable care and whether the pedestrian crossed safely.
Who Can Be Held Liable If You’ve Been Hit by a Car While Walking in California?
Liability in a California pedestrian accident is not always limited to the driver who struck you. While a negligent driver who was speeding, distracted, impaired, or failed to yield often bears legal responsibility, multiple drivers may share liability if their actions together contributed to the collision.
In some cases, government agencies may be held responsible when dangerous road conditions, defective traffic signals, poor lighting, or unsafe intersection design played a role in the accident. Property owners may also share liability if hazards such as obstructed views, inadequate lighting, or unsafe parking lots contributed to the collision.
Although less common, vehicle manufacturers may be liable if a defective vehicle or faulty component, such as failed brakes, steering, or other safety systems, contributed to a car accident. Product defects that prevent a driver from avoiding a collision may become an important part of a pedestrian accident investigation.
Determining liability often requires a careful review of the evidence, including police reports, witness statements, surveillance footage, and the accident scene. Identifying every potentially responsible party can strengthen your pedestrian accident claim and improve your ability to recover the full compensation available under California law.
What Are the Common Injuries After Being Hit by a Car?
According to the Centers for Disease Control and Prevention (CDC), more than 8,000 pedestrians were killed, and an estimated 140,000 were treated in emergency departments for crash-related injuries in the United States in 2022. Being hit by a vehicle can cause a wide range of injuries, from minor fractures to life-changing trauma. The injury severity often affects the medical treatment you need and the compensation you may be able to recover. Below are some common pedestrian accident injuries seen in California.
Broken Bones
Broken arms, legs, ribs, hips, and facial fractures are common after a pedestrian accident. Many fractures require surgery, physical therapy, and months of rehabilitation before a full recovery is possible.
Traumatic Brain Injuries
A blow to the head can cause a traumatic brain injury, even if symptoms are not immediately visible. Traumatic brain injuries can take 24–72 hours to show symptoms. Depending on the severity, it may lead to memory problems, headaches, difficulty concentrating, or long-term cognitive impairment.
Spinal Cord Injuries
Spinal cord injuries can affect movement, sensation, and overall mobility. Severe cases may result in partial or permanent paralysis, requiring lifelong medical care and rehabilitation.
Internal Injuries
This is a serious injury that may not be visible immediately after an accident. Because symptoms can develop gradually, prompt medical evaluation is essential, even if you initially feel well.
Soft Tissue Injuries
Pedestrians may suffer sprains, strains, torn ligaments, and road rash during the impact. Although these injuries are sometimes overlooked, they can cause lasting pain and limit everyday activities.
Psychological Trauma
The effects of a pedestrian accident are not always physical. Many victims experience anxiety, depression, emotional trauma, or a fear of walking near traffic long after their physical injuries have healed.
Can You Recover Compensation If You’ve Been Hit by a Car While Walking in California?
If you’ve been hit by a car due to someone else’s negligence, you may be entitled to financial compensation for the losses you have suffered. If the driver at fault is an uninsured motorist, there may still be other avenues for recovery depending on the circumstances. In California, pedestrian accident victims may recover both economic damages, which cover financial losses, and non-economic damages.
You may also recover lost wages if your injuries keep you from working. And you may be able to recover for reduced earning capacity if the injuries affect your ability to earn an income over the long term. Reviewing what expenses you can claim after a car accident can help you understand the full range of damages that may be available.
A personal injury claim may also include compensation for pain and suffering, emotional distress, and disability and disfigurement. These non-economic damages recognize the physical, emotional, and lasting effects an injury can have on your daily life, with the value of the claim depending on the severity of your injuries and their overall impact.
What if the Driver Says the Accident Was Your Fault?
If the driver’s insurance company or defense attorneys argue that you caused or contributed to the pedestrian accident, it does not automatically prevent you from recovering compensation. Under comparative negligence, California law allows injured pedestrians to pursue a personal injury claim, although their compensation may be reduced by their percentage of fault, and insurance adjusters will review the available evidence to determine liability.
When fault is disputed, evidence such as surveillance footage, medical bills, traffic camera recordings, police reports, photographs, and witness statements can help support your case. This is why legal representation matters. An experienced pedestrian accident attorney, such as the team at Hillguard Injury Lawyers, can protect your rights, negotiate with insurance companies, and pursue the right compensation available under California law.
How Long Do You Have to File a Pedestrian Accident Claim in California?
In California, you have a limited amount of time to file a pedestrian accident claim. Missing the applicable deadline could prevent you from getting compensation, so it is important to understand the timelines that may apply to your case.
The general statute of limitations for most California pedestrian accident claims is two years from the date of the accident. Although that may seem like plenty of time, gathering evidence, obtaining medical records, and building a strong personal injury claim can take longer than expected.
Claims involving government entities often have much shorter deadlines, with many requiring a claim to be filed within six months if a dangerous roadway, defective traffic signal, or other public hazard contributed to the accident.
How Is a Pedestrian Accident Settlement Calculated?
There is no fixed value for a pedestrian accident settlement in California. The amount of compensation depends on several factors, including the severity of injuries, medical costs, and whether the accident resulted in a permanent disability, as more serious injuries often require extensive treatment and have a greater impact on a person’s daily life.
Your settlement may take into account future medical expenses, lost income if your injuries kept you from working, along with pain and suffering for the physical and emotional effects of the accident. Together, these economic and non-economic damages help reflect the overall impact the injury has had on your life.
Other factors, such as liability disputes and insurance policy limits, can also influence the outcome of a pedestrian accident claim. If fault is contested or the driver’s insurance coverage is limited, the amount of compensation available may be affected, although additional sources of recovery may exist depending on the circumstances.
How Can a California Pedestrian Accident Lawyer Help You?
A California pedestrian accident attorney can help by investigating the crash, building your case, gathering evidence, and negotiating with insurers on your behalf. This may include reviewing the accident scene, obtaining police reports, collecting surveillance footage and medical records, interviewing witnesses, and communicating with the insurance company to support your personal injury claim.
Your attorney can also assist with calculating damages by evaluating medical expenses, lost income, reduced earning capacity, and pain and suffering. If a fair settlement cannot be reached, they can file a civil lawsuit if necessary and take the steps needed to help maximize compensation while you focus on your recovery.
Need an Injury Lawyer?
A pedestrian accident can affect every part of your life, from your health and finances to your ability to work. Understanding your rights, preserving evidence, and acting within California’s legal deadlines can help strengthen your pedestrian accident claim and improve your chances for financial recovery.
If you’re uncertain about your next steps, speaking with an experienced attorney can help you better understand your legal options. At Hillguard Injury Lawyers, we regularly tell our clients, “We fight for you so you can focus on healing.” Our personal injury attorneys can evaluate your case, answer your questions, and guide you through every stage of the claims process.
Have you been hit by a car while walking in California and are wondering what to do next? At Hillguard Injury Lawyers, our personal injury attorneys in California have recovered tens of millions of dollars for injured Californians, including a $250,000 settlement for a pedestrian struck in a crosswalk by a distracted driver. Led by David E. Jacobson, a 2026 Super Lawyers honoree with a 10.0 Avvo rating, the firm is known for building trial-ready cases while providing clients with direct attorney access. Contact our legal team today for a free consultation, and you won’t pay any legal fees unless the firm wins compensation for you.
Frequently Asked Questions
Pedestrian accident claims often raise questions about fault, compensation, and the legal process. Below are answers to some of the most common questions about pedestrian accidents and injury claims in California.
What Should You Do if You Were Hit by a Car While Crossing the Street in California?
If you were hit by a car while crossing the street in California, seek immediate medical attention, report the accident to the police, and gather physical evidence if you are able to do so safely. Speak with a pedestrian accident attorney as soon as possible to protect your rights and discuss your options for recovering compensation.
Can I Sue if I Was Partially at Fault?
Yes. California follows a pure comparative negligence rule, which means you may still recover compensation even if you were partially at fault, though your recovery may be reduced by your percentage of responsibility.
What if the Driver Fled the Scene?
If the driver fled the scene, report the pedestrian hit-and-run accident to the police immediately, ask nearby businesses if they have footage, and seek medical attention as soon as possible. Even if the driver is not immediately identified, you may still have options for recovering compensation.
Does Insurance Cover Pedestrian Accidents?
Yes. Depending on the circumstances, compensation may be available through the driver’s auto insurance or other applicable insurance coverage, though the specific policy and facts of the accident will determine what is covered.
How Much Is a Pedestrian Accident Case Worth in California?
There is no specific amount. The value of a pedestrian accident case in California depends on several factors like the severity of your injuries, medical expenses, lost income, pain and suffering, and the available insurance coverage.
How Long Does a Pedestrian Accident Lawsuit Take?
The length of a pedestrian accident lawsuit varies depending on factors such as the complexity of the case, the severity of the injuries, and whether liability is disputed. While some claims settle within months, others may take a year or longer if a lawsuit is necessary.
Legal Disclaimer
Disclaimer: Attorney Advertising. This article is provided for general informational purposes only and should not be considered legal advice. Reading it does not create an attorney-client relationship with Hillguard Injury Lawyers. Previous results do not guarantee a similar outcome. Every case is different, so you should consult a qualified attorney to discuss your specific circumstances.