Pedestrian Accident Claims in California: Your Rights After Being Hit by a Car
Being struck by a vehicle is one of the most traumatic experiences a person can go through. Unlike drivers and passengers who have structural protection from steel frames, airbags, and seatbelts, pedestrians have none. The human body absorbs the full force of the impact, and the injuries that result are frequently catastrophic.
California law provides strong protections for pedestrians. But knowing your legal rights and actually recovering full compensation are two different things. Insurance companies routinely attempt to shift blame onto injured pedestrians, minimize the severity of injuries, and resolve claims for far less than they are worth.
This guide explains what California law requires, how fault is established in pedestrian cases, and what you need to do from the moment of the crash to protect your recovery.
Quick answer: In California, drivers owe pedestrians a heightened duty of care, particularly in crosswalks, school zones, and areas with posted pedestrian warnings. Under California Vehicle Code Section 21950, drivers must yield to pedestrians in marked and unmarked crosswalks. If a driver's negligence caused your injuries, you may recover compensation for medical expenses, lost wages, pain and suffering, future care costs, and other damages. California's pure comparative negligence rule means you can recover even if you were partially at fault, though your recovery is reduced proportionally.
Why Pedestrian Accident Injuries Are Categorically Severe
Pedestrian accident claims involve some of the most serious injuries seen in California personal injury law. With no vehicle structure absorbing impact energy and no restraint systems reducing force, the human body bears the full violence of the collision.
Common injuries in California pedestrian accidents include:
Traumatic brain injuries and skull fractures
Spinal cord injuries and paralysis
Multiple fractures of the legs, pelvis, hips, and arms
Internal organ damage
Severe road rash and soft tissue injuries
Torn ligaments and joint damage requiring surgery
Wrongful death
The severity of these injuries is why pedestrian accident claims often carry substantially higher values than typical car accident claims involving vehicle occupants. It is also why insurance companies fight them aggressively from the first day.
California Law: What Drivers Owe Pedestrians
Every driver on a California road owes a duty of reasonable care to pedestrians. Several California Vehicle Code provisions specifically govern this duty.
California Vehicle Code Section 21950 requires drivers to yield the right of way to pedestrians crossing in marked or unmarked crosswalks at intersections. This duty applies at every intersection, whether or not a painted crosswalk is present.
California Vehicle Code Section 21954 addresses pedestrians crossing outside of crosswalks. While pedestrians crossing outside a crosswalk must yield to vehicles, this does not eliminate the driver's duty to exercise due care to avoid striking a pedestrian.
California Vehicle Code Section 21760, the Three Feet for Safety Act, requires drivers to provide a minimum of three feet of clearance when passing a cyclist, with related implications for pedestrian safety near roadways.
California Vehicle Code Section 21950(b) additionally requires that even after a driver yields and a pedestrian begins crossing, the driver cannot proceed to accelerate or move in a way that threatens the pedestrian's safety.
Violations of these statutes can constitute negligence per se under California law, meaning the violation itself establishes a breach of the legal duty of care without requiring further argument.
How Fault Is Established in California Pedestrian Accident Cases
California follows a pure comparative negligence rule under Civil Code Section 1714. You can recover compensation as a pedestrian even if you were partially at fault for the accident. Your recovery is reduced by your percentage of fault.
For example, if your total damages are $400,000 and you are found 20 percent at fault for crossing mid-block, you recover $320,000.
Insurance companies and defense attorneys routinely attempt to inflate the pedestrian's share of fault. Common arguments they use include:
The pedestrian entered the crosswalk against the signal
The pedestrian was crossing outside a designated crosswalk
The pedestrian was wearing dark clothing at night
The pedestrian was distracted by a phone
The pedestrian stepped into the roadway without looking
None of these arguments bar your recovery under California law. They may reduce it if proven. Countering them requires strong evidence gathered immediately after the accident.
Evidence That Determines the Outcome of a Pedestrian Accident Claim
Pedestrian accident cases are often won or lost based on the quality of evidence gathered in the first hours and days after the crash.
Traffic camera and surveillance footage. Los Angeles is among the most heavily surveilled cities in California. LADOT traffic cameras, private business security cameras, and dashcams from nearby vehicles can capture the moments before, during, and after the collision. This footage is typically overwritten within 30 to 90 days. An attorney must send a preservation letter immediately.
Crosswalk signal data. Los Angeles Department of Transportation maintains data from intersection signal systems that can establish what phase the signal was in at the moment of impact.
Skid marks and vehicle data. The presence or absence of skid marks, combined with the vehicle's event data recorder if equipped, can establish whether the driver braked before impact and at what speed the vehicle was traveling.
Witness statements. Bystanders, other pedestrians, and drivers who witnessed the collision should be identified and interviewed as quickly as possible. Memory fades and witnesses become unreachable.
Medical records from the date of injury forward. Seeking treatment immediately after the accident creates a documented medical record connecting your injuries to the collision. Delays in seeking care create gaps that insurers exploit.
Photographs of the scene. The position of the vehicle, crosswalk markings, traffic signals, and your visible injuries should all be photographed before the scene is cleared.
Police report. A police report that documents the driver's conduct, any citations issued, and the officer's observations of the scene is valuable foundational evidence.
Government Liability in Los Angeles Pedestrian Cases
Not every pedestrian accident is caused solely by a negligent driver. In some cases, dangerous roadway conditions, inadequate crosswalk infrastructure, or malfunctioning traffic signals maintained by a government entity contribute to the crash.
The City of Los Angeles, Los Angeles County, Caltrans, and other public agencies can be held liable for dangerous conditions on public property under California Government Code Section 835 if the condition was a substantial factor in causing the injury.
However, claims against government entities are subject to the six-month government tort claim deadline under the California Government Claims Act. Missing this deadline permanently bars recovery against the government entity even if the two-year statute of limitations for the private driver claim has not yet expired.
If a dangerous intersection design, missing crosswalk markings, malfunctioning signals, or inadequate lighting contributed to your accident, legal consultation is essential immediately to preserve the government claim.
Hit-and-Run Pedestrian Accidents in California
California has one of the highest rates of hit-and-run incidents in the country, and Los Angeles consistently leads the state. If you were struck by a driver who fled the scene, your recovery options depend on the available insurance coverage.
Your own uninsured motorist coverage. If you have auto insurance with uninsured motorist coverage, that coverage can apply to pedestrian accidents involving a hit-and-run driver, even though you were not in your vehicle at the time.
Household member coverage. If a member of your household carries uninsured motorist coverage, you may be covered under their policy even if you do not have your own.
California Victim Compensation Board. In certain hit-and-run cases, the California Victim Compensation Board may provide limited assistance with medical expenses and lost wages.
Identifying all available coverage sources after a hit-and-run requires careful analysis of every insurance policy in your household and any other applicable coverage.
Damages Available in a California Pedestrian Accident Claim
Injured pedestrians in California may recover compensation in two categories.
Economic damages include all measurable financial losses: emergency room treatment and hospitalization, surgery and specialist care, physical therapy and rehabilitation, prescription medications, future medical treatment and long-term care, lost wages, loss of future earning capacity, and out-of-pocket expenses related to the injury.
Non-economic damages compensate for the human impact of the injury: pain and suffering, emotional distress, anxiety and PTSD, loss of enjoyment of life, physical impairment and disability, and disfigurement or scarring.
California does not cap non-economic damages in pedestrian accident cases. Given the severity of injuries typical in pedestrian collisions, non-economic damages frequently represent the largest component of total recovery.
In hit-and-run cases and cases involving egregious driver conduct, punitive damages under California Civil Code Section 3294 may also be available.
Geller Legal's Advantage in Pedestrian Accident Cases
Pedestrian accident cases require immediate investigation, aggressive evidence preservation, and a complete understanding of the medical injuries involved. Our team brings both legal and medical expertise to each case, which means we understand traumatic brain injuries, spinal injuries, and orthopedic trauma in clinical detail, not just as line items on a medical bill.
We identify every potentially liable party, every available insurance policy, and every applicable coverage layer. In cases involving government entity liability, we move immediately to preserve the six-month claim deadline.
Frequently Asked Questions
Do I have the right of way as a pedestrian in California? California law gives pedestrians the right of way in marked and unmarked crosswalks at intersections under Vehicle Code Section 21950. However, right of way is not absolute protection. Pedestrians crossing outside crosswalks must yield to vehicles, though drivers must still exercise due care. California's comparative negligence rule means that even if you shared some fault, you can still recover compensation reduced by your percentage of responsibility.
What if the driver who hit me does not have insurance? Your own uninsured motorist coverage may apply to pedestrian accidents even though you were not driving. If a household member carries UM coverage, that policy may also cover you. An attorney identifies all available coverage sources, including household policies, umbrella policies, and government entity liability if road conditions contributed.
Can I still recover compensation if I was jaywalking when I was hit? Yes. California's pure comparative negligence rule allows you to recover even if you were partially at fault. If you were jaywalking but the driver was speeding, distracted, or otherwise negligent, you can still recover compensation. Your recovery is reduced by your percentage of fault, not eliminated.
What should I do immediately after being hit by a car as a pedestrian? Call 911, remain at the scene, seek medical attention the same day even if symptoms seem minor, photograph the scene and the vehicle before it moves, gather witness contact information, and consult an attorney before giving any recorded statement to an insurance company. Do not accept any early settlement offer without legal consultation.
What if a government-owned road or intersection defect contributed to my accident? You may have a claim against the government entity responsible for maintaining the roadway. These claims are subject to a six-month filing deadline under the California Government Claims Act, which is separate from and shorter than the standard two-year personal injury statute of limitations. Consult an attorney immediately.
How long does a pedestrian accident case take in California? Timeline varies significantly based on the severity of injuries, whether liability is disputed, and whether litigation is required. Cases involving catastrophic injuries typically take longer because the claim should not be resolved until the full extent of medical needs is understood. Settling before your condition has stabilized is one of the most common and costly mistakes in pedestrian accident cases.
What is my pedestrian accident case worth in California? Case value depends on the severity and permanence of your injuries, the clarity of liability, available insurance coverage, lost wages and future earning capacity, and the impact on your quality of life. Pedestrian accident cases frequently involve catastrophic injuries that produce high economic and non-economic damages. No attorney can give you an honest number without reviewing your medical records and the full facts of the case.
You Deserve Full and Fair Compensation
Being struck as a pedestrian is not just a personal injury. It is a life-altering event that can affect every aspect of your health, your finances, and your future. California law gives you powerful rights. Exercising those rights fully requires experienced legal representation from the first day.
At Geller Legal | Personal Injury Attorneys, we handle pedestrian accident claims throughout California with the urgency they require. Our team combines legal precision with medical expertise to build cases that accurately reflect the full scope of your injuries and maximize your recovery against negligent drivers, insurers, and government entities alike.
We serve injured clients throughout California. If you were struck as a pedestrian in the Los Angeles area, including Los Angeles, Long Beach, Pasadena, Glendale, Burbank, Santa Monica, Compton, Inglewood, and the surrounding communities of Los Angeles and Ventura counties, our team is ready to help you today.
Contact Geller Legal for a free, confidential consultation with Attorney Michael Geller.