Hit by a Car as a Pedestrian in California: What to Do and Your Rights

Being hit by a car while walking is one of the most dangerous things that can happen on the road — pedestrians have no protection, so injuries are often severe. If it happened to you or someone you love in California, you have real rights, and there may be more than one way to recover, even if the driver had no insurance or fled the scene.

Who is responsible

Most pedestrian claims come down to negligence — a driver who failed to yield, ran a light, was speeding, was distracted, or didn't watch for people in a crosswalk. Drivers owe pedestrians a high degree of care. Even if a pedestrian was partly at fault — for example, crossing outside a crosswalk — California's pure comparative negligence rule means you can still recover, with your compensation reduced by your share of fault. So don't assume you have no case just because it wasn't a marked crosswalk.

You can recover even in a hit-and-run or with an uninsured driver

If the driver fled or didn't have insurance, you're not necessarily out of options. If you own a vehicle, your own auto policy's uninsured motorist (UM) coverage can apply even though you were on foot — it follows you, not just your car. A prompt police report is usually required for a hit-and-run claim, which is one more reason to report the crash immediately.

What you can recover

Pedestrian injury claims can include your medical bills and future medical care, lost wages and lost earning capacity, and compensation for pain, suffering, and disability. Because these injuries tend to be serious — fractures, head injuries, and worse — the value of these cases can be significant, and it's important not to accept an early insurance offer before the full extent of your injuries is known.

What to do after being hit

• Call 911 and get medical attention immediately — some injuries, especially head injuries, aren't obvious at first.
• Make sure the police respond and create a report, especially if the driver fled.
• Get the driver's information and photograph the scene, the vehicle, and your injuries if you're able.
• Collect names and numbers of any witnesses.
• Don't give a recorded statement to the driver's insurer before talking to an attorney.
• Keep all medical records and bills, and follow your treatment plan.

Act quickly on deadlines

In California you generally have two years to file a personal injury claim, but if a government entity was involved — a dangerous crosswalk, a poorly designed intersection, or a government vehicle — you may have as little as six months to file an administrative claim. Because the stakes and the deadlines are high, it's worth getting a free case review right away.