Hit by a Car While Walking: California Pedestrian Accident Rights

A person on foot has no protection against a car, so pedestrian crashes tend to cause serious injuries — and drivers and insurers tend to shift blame onto the pedestrian fast. Knowing your rights in California helps you push back. Here is how the law actually treats pedestrian accidents. This is general information, not advice about your case.

Right of way in crosswalks

California law requires drivers to yield the right of way to a pedestrian crossing in any marked crosswalk, or in an unmarked crosswalk at an intersection. Drivers are also expected to use due care and reduce speed around pedestrians. When a driver fails to yield and hits someone in a crosswalk, that failure is strong evidence of fault.

Being outside a crosswalk doesn't automatically end your claim

Pedestrians have duties too — you cannot suddenly leave a curb into the path of a car that cannot stop, and outside of crosswalks you generally must yield to vehicles. But even if you were partly at fault — crossing mid-block, for example — that does not bar your claim. Under California's pure comparative negligence rule, your recovery is reduced by your percentage of fault, not eliminated. Drivers also still have a duty to avoid hitting pedestrians they can see, so a driver who was speeding, distracted, or ran a light can be largely at fault even if you were not in a crosswalk.

Why insurers blame the pedestrian

Because every percentage of fault they can assign to you cuts what they owe, insurers routinely argue the pedestrian 'darted out' or was jaywalking. These claims are often exaggerated, and they are beaten with evidence — traffic and doorbell cameras, witnesses, the point of impact, and the driver's speed and conduct. Do not accept the insurer's version of events.

What if the driver was uninsured or fled?

Hit-and-runs are tragically common in pedestrian cases. If the driver is never found or has no insurance, your own auto insurance may still help: uninsured motorist coverage can apply to a pedestrian you would not expect it to, because it follows you, not just your car. In a hit-and-run, California generally requires actual physical contact for an uninsured-motorist bodily-injury claim — which a pedestrian struck by a car normally satisfies. Report it to police promptly and preserve every piece of evidence.