California Pedestrian Accident? Your Personal Injury Team
Injured as a pedestrian in California? Learn the key steps to protect your health and legal rights, how fault is determined, what compensation may be available, and how a personal injury team can guide you through insurance claims and litigation.
After a Pedestrian Accident: First Steps
- Call 911 and seek medical care immediately, even if injuries seem minor.
- Report the crash to law enforcement and request the incident number.
- Gather information: driver’s name, contact, insurance, license plate; witness names and contacts; photos or videos of the scene, vehicles, crosswalks, signals, lighting, and your injuries.
- Preserve evidence: keep damaged clothing and shoes; do not repair or discard items; save medical records and bills.
- Avoid detailed statements to insurers before speaking with counsel.
- Consult a California personal injury attorney promptly.
How Fault Is Determined in California
California applies pure comparative negligence—each party’s share of responsibility reduces, but does not bar, their recovery. This doctrine was adopted by the California Supreme Court in Li v. Yellow Cab Co. of California (1975) 13 Cal.3d 804. Relatedly, California law provides for several (not joint) liability for noneconomic damages among multiple tortfeasors. See Civ. Code § 1431.2.
Responsibility for a pedestrian crash may be shared among drivers, other road users, employers of on-duty drivers, public entities responsible for roadway design or maintenance, and property owners. Evidence such as police reports, traffic signal timing data, surveillance footage, vehicle event data, and expert analysis can influence liability. Even if you are found partly at fault, you may still recover damages, reduced by your percentage of responsibility.
Common Causes of Pedestrian Injuries
- Driver inattention or distraction
- Failure to yield at crosswalks or during turns
- Speeding and unsafe stopping distances
- Impaired or drowsy driving
- Poor visibility, inadequate lighting, or weather conditions
- Hazardous road design or maintenance issues
Potential Compensation
Depending on the facts and available coverage, recoverable damages may include:
- Medical expenses (emergency care, hospitalization, surgery, rehabilitation, future care)
- Lost income and diminished earning capacity
- Pain, suffering, and loss of enjoyment of life
- Property damage (phone, glasses, clothing)
- Out-of-pocket expenses related to treatment and transportation
- In certain cases, punitive damages against particularly egregious conduct (see Civ. Code § 3294).
Dealing With Insurance Companies
- Report the crash to your insurer, but keep statements factual and concise.
- Do not accept early settlement offers before the full scope of injuries is known.
- Be cautious with recorded statements and medical authorizations requested by insurers.
- An attorney can coordinate benefits, evaluate liability coverages, and pursue claims against at-fault parties and, when applicable, uninsured/underinsured motorist coverage.
Public Entity Claims and Dangerous Conditions
Some pedestrian cases involve claims against a city, county, or state for a dangerous condition of public property (for example, signal timing, signage, sightlines, or crosswalk placement). In California, many such claims are subject to the Government Claims Act: most personal-injury claims must be presented to the public entity within six months of the incident (Gov. Code § 911.2), and no lawsuit may be filed until a claim is properly presented and acted upon (Gov. Code § 945.4). After written rejection, the time to file suit is generally six months (Gov. Code § 945.6). These deadlines are strict; consult counsel promptly.
Tips to Strengthen Your Claim
- Follow all medical advice and attend appointments; gaps in care can reduce case value.
- Keep a pain and recovery journal tracking symptoms, limitations, and missed activities.
- Limit social media; posts can be used to challenge your injuries.
- Request and save repair or maintenance records if a dangerous condition contributed to the crash.
Pedestrian Accident Checklist
- Incident number and officer’s card
- Names, contacts, and insurance for all involved drivers
- Witness names, phone numbers, and emails
- Photos/videos of scene, signals, signage, lighting, skid marks, and injuries
- Medical records, bills, and discharge instructions
- Damaged clothing/shoes stored in a paper bag
- Employment proof of missed work and restrictions
- Health and auto insurance cards
What To Bring to Your Free Consultation
- Police report or incident number
- Medical records, discharge papers, and bills
- Photos/videos, dashcam or surveillance details
- Witness contact information
- Health and auto insurance cards
- Employment documentation showing missed work or restrictions
Why Choose Our California Pedestrian Injury Team
- Focused experience with crosswalk, intersection, and roadway design cases
- Rapid evidence preservation and collision reconstruction resources
- Strategic claim evaluation across multiple insurance policies
- Clear communication and contingency fee representation—no fee unless we recover for you
Frequently Asked Questions
How long do I have to file a lawsuit?
For most personal injury claims in California, the statute of limitations is two years from the date of injury. Claims against public entities have much shorter administrative deadlines, often six months to present a claim before filing suit.
What if I crossed outside a crosswalk?
You may still recover under California’s pure comparative negligence. Your compensation can be reduced by your percentage of fault but is not barred.
Should I speak to the driver’s insurer?
Provide only basic facts and do not give recorded statements or broad medical authorizations before consulting an attorney.
Who pays my medical bills while the case is pending?
Options may include health insurance, Med Pay, or liens coordinated by your attorney, with reimbursement handled from any settlement or judgment as applicable.
Take Action Today
Pedestrian injury claims are time-sensitive, and key evidence can be lost quickly. Contact our team for a free, no-obligation consultation to protect your rights and begin building your case.