Your Rights as a Pedestrian Hit by a Car in California

California law provides strong protections for pedestrians. Drivers are required to yield to pedestrians in crosswalks (Vehicle Code § 21950), and pedestrians generally have the right of way at intersections. If a driver failed to yield and hit you, you likely have a strong basis for a personal injury claim.

Immediate Steps After Being Hit

• Call 911 — Get police and medical on scene. Even if you feel okay, accept an ambulance evaluation. Adrenaline masks pain.
• Do not apologize or admit fault — Even a reflexive "I'm sorry" can be used against you.
• Document everything — Photograph the scene, your injuries, the vehicle, skid marks, and any traffic controls. Get the driver's insurance information.
• Get witness contact information — Bystanders are valuable witnesses and may be hard to locate later.
• Seek immediate medical care — Pedestrian accidents often involve serious injuries. Go to the ER or urgent care the same day.

What Damages Can a Pedestrian Recover?

As a pedestrian struck by a vehicle, you may claim: emergency and ongoing medical bills, lost wages during recovery, future medical costs, pain and suffering, emotional distress, and scarring or disfigurement. Serious pedestrian accidents involving broken bones, head injuries, or spinal damage can result in substantial settlements. Visit our pedestrian accident guide for a full breakdown of your options in California and Arizona.

What If You Were Jaywalking?

California's comparative negligence rule means you can still recover even if you were jaywalking. Your compensation is reduced by your percentage of fault. If you were 20% at fault for jaywalking, you still recover 80% of your damages. A driver still has a duty to avoid hitting a pedestrian they can see — even one who is crossing improperly.

Frequently Asked Questions

How long do I have to file a lawsuit after being hit by a car in California?

California's statute of limitations for personal injury is 2 years from the date of the accident. If a government vehicle (city bus, police car) was involved, you must file a government tort claim within 6 months.

What if the driver who hit me was uninsured?

Your own uninsured motorist (UM) coverage may apply if you were in a vehicle at the time. As a pedestrian, you may also have a claim under your own auto policy's UM provision in some circumstances. Consult an attorney — options depend on your policy language.

Can I sue the city if I was hit due to a poorly designed intersection?

Potentially yes. If dangerous road conditions, missing pedestrian signals, or poor lighting contributed to your accident, you may have a claim against the municipality. Government claims have strict deadlines (6 months) and procedural requirements — see an attorney immediately if this may apply.