Hit by a Car? A Practical Guide to Pedestrian Accidents in California

Most pedestrian accidents generally trace back to driver negligence, such as distracted driving, speeding, or failing to yield at a crosswalk. Other frequent factors include driving under the influence, ignoring traffic signals, and poor visibility during early morning or evening hours. Under California Vehicle Code §21950, drivers must yield the right of way to pedestrians crossing within a marked or unmarked crosswalk at an intersection, though pedestrians also share a duty of reasonable care. Understanding what went wrong is often the first step in a claim, and a legal professional can help sort through it during a free case review.

Pedestrian accident injuries are often severe because a person on foot has no protection against the weight and speed of a vehicle. Common examples include traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, amputations, and lasting emotional distress or PTSD. These injuries can generally require surgery, long-term rehabilitation, and time away from work. Because the medical picture may keep developing for months, it can help to review your situation with a legal professional before settling anything.

The at-fault driver is usually the primary party responsible for a pedestrian accident, but liability may extend further. Depending on the facts, an employer could share responsibility if the driver was working, a government entity may be involved where unsafe road or crosswalk design contributed, and a vehicle manufacturer could face a claim if a defect played a role. California follows pure comparative negligence, so even a pedestrian found partly at fault may still recover reduced compensation. Identifying every potentially liable party generally matters, and it is something our team can help explore.

Injured pedestrians in California can generally pursue compensation for both economic and non-economic losses. This often includes medical expenses, future care and rehabilitation costs, lost wages and reduced earning capacity, and pain and suffering. In cases involving especially reckless conduct, additional damages may sometimes be available. The value of any claim depends heavily on the specifics, so there is no single formula, but a legal professional can help you understand what may apply to your circumstances during a free case review.

The most important first step after being hit by a car is to seek immediate medical care, even if injuries seem minor at first. From there, it generally helps to document the scene with photos, collect the driver’s contact and insurance information, gather witness details, and report the incident to police. Be cautious about giving recorded statements to insurance adjusters before you have spoken with someone on your side. Taking these steps early can help protect your options, and you are welcome to ask us about them in a free case review.

In most California pedestrian accident cases, the statute of limitations to file a personal injury lawsuit is two years from the date of the accident under Code of Civil Procedure §335.1. If a government entity may be liable, a much shorter deadline generally applies, often requiring a formal claim within six months under California Government Code §911.2. Because missing a deadline can bar a claim entirely, it is generally wise to confirm the timeline that fits your situation with a legal professional sooner rather than later.