Have you been involved in a California pedestrian accident? Whether you were walking, driving, or watching from the sidelines, these incidents leave many unanswered questions.
This article will help you understand your rights as a pedestrian accident victim and what to do to protect them.
How Common Are Pedestrian Accidents in California?
Pedestrian accidents happen more frequently than you might think. In 2022, the U.S. Centers for Disease Control and Prevention discovered that:
- 8,000+ pedestrians were killed in motor-vehicle crashes nationwide in 2022, about one death every 64 minutes.
Around 140,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries the same year. - 1 in 5 traffic deaths in 2022 involved a pedestrian.
- Most pedestrian fatalities (60% in 2021) occurred on urban roads with speed limits of 45–55 mph.
Alcohol was involved (driver and/or pedestrian) in 48% of fatal pedestrian crashes.
Zooming in on California, data from the California Department of Public Health (CDPH) revealed the following in 2021:
- 1,388 pedestrian deaths (3.4 per 100,000 residents).
- 4,312 hospitalizations due to nonfatal pedestrian injuries (10.8 per 100,000).
- 14,740 emergency department visits for nonfatal pedestrian injuries (37.5 per 100,000).
- Pedestrian death rates increased by 22% (from 2.8 to 3.4 per 100,000).
- Hospitalization rates rose from 2017 to 2019, dropped in 2020, and returned to 2017 levels by 2021 (10.8 per 100,000).
Where Do Most Pedestrian Accidents Occur?
The majority of these incidents happen at intersections with crosswalks, where pedestrians legally have the right of way. Unfortunately, many of these are caused by driver negligence.
However, don’t overlook intersections without marked crosswalks. These are the second most common locations for such accidents, and while pedestrians may share some responsibility in these cases, it doesn’t negate their right to justice.
What Are Common Causes of Pedestrian Accidents?
Identifying the causes of pedestrian accidents is a crucial step toward preventing them. The most common factors include:
- Distracted driving, such as texting while behind the wheel
- Excessive speeding or reckless driving behaviors
- Driving under the influence of alcohol or drugs
- Failing to yield to pedestrians at crosswalks
- Poorly lit or inadequately marked intersections
What Should I Do If I’m Hit by a Car While Walking?
Your safety and well-being come first. If you’ve been struck by a car while walking, take these critical steps immediately:
- Seek medical attention right away, even if your injuries seem minor.
- Notify the police and file an official accident report.
- Collect key evidence, including photos of the scene, witness contact information, and the driver’s insurance details.
- Contact a California pedestrian accident attorney as soon as possible.
Acting quickly is essential to protect your rights and secure the compensation you deserve.
Who Is Liable If a Car Hits Me While I’m Crossing the Street?
As a pedestrian, you could be responsible for an accident if you cross the street unsafely. For example:
- Walking in a bike lane when there’s a sidewalk
- Crossing outside the crosswalk at intersections with traffic signals
- Ignoring a “Don’t Walk” signal
- Running into the street with cars nearby
If you caused the crash, you likely can’t get compensation for your injuries and may even have to pay for the driver’s damages.
However, drivers must ensure everyone’s safety when sharing the road. So, if a driver is:
- Speeding
- Distracted by their phone
- Driving under the influence
- Or acting negligently in some other way
They may be fully or partly to blame, even if you were jaywalking. For instance, if you carefully cross a quiet road and a speeding driver hits you, the driver could still be responsible.
To prove the driver was negligent, you must show:
- They owed you a duty of care
- They breached that duty
- Their breach caused the accident
- You suffered injuries because of it
If you prove these, the driver may owe you compensation for medical expenses, lost income, pain and suffering, and other losses.
Can I File a Claim If I Was Jaywalking When Hit by a Car?
Yes, even jaywalking doesn’t completely disqualify you from filing a claim.
California allows pedestrians to jaywalk when it is safe to do so. So, you can still file a California pedestrian accident claim to receive compensation for the damages even if you are jaywalking at the time of the crash.
What If I’m Partially At Fault?
Many accidents involve shared responsibility.
For instance, imagine you cross the street without checking for potential risks while a driver, distracted by texting, hits you. In such a scenario, both parties may share fault.
California follows the pure comparative negligence rule, which allows you to recover damages even if you were predominantly at fault. However, your compensation will be reduced by your percentage of responsibility.
For example, if the driver was 65% at fault and you were 35% at fault, you could still recover 65% of the total damages.
Cases involving jaywalking accidents can be legally complex, and insurance companies often attempt to shift blame onto pedestrians to minimize payouts.
Fortunately, an experienced pedestrian accident attorney will thoroughly investigate the accident, collect crucial evidence such as traffic camera footage and eyewitness statements, and advocate for your right to fair compensation.
What If the Driver Flees the Scene After Hitting Me?
A hit-and-run driver complicates the situation but doesn’t eliminate your rights. Work with law enforcement to gather evidence, such as eyewitness accounts or security camera footage. If the driver is found, you can then file a case against them for compensation.
Moreover, if you can’t locate the driver, you can seek legal advice from an experienced California pedestrian accident lawyer to explore options, such as filing a claim through your own uninsured motorist coverage.
Can I Sue If My Child Was Hit by a Car While Walking?
Absolutely. The law acknowledges that children require extra protection due to their vulnerability, and drivers involved in accidents with children are often held to a higher standard of care.
This heightened responsibility means drivers must exercise greater caution in the presence of children, who may not always be fully aware of their surroundings or capable of protecting themselves from harm. In such cases, compensation often extends beyond medical expenses to include coverage for the child’s pain and suffering, as well as the emotional and psychological impact on both the child and their family.
What Compensation Can I Receive After a Pedestrian Accident?
The compensation you may recover depends on the severity of your injuries, how they’ve impacted your daily life, and your ability to prove that the driver or other party was negligent or at fault. Here are the types of damages you may be eligible for:
- Medical Expenses: You can claim costs for emergency care, surgeries, hospital stays, follow-ups, medications, physical therapy, and any future treatment needed for your injuries.
- Lost Income: If your injuries caused you to miss work, you can recover lost wages. You may also seek compensation for reduced earning capacity if your ability to work is affected long-term.
- Pain and Suffering: This covers emotional distress caused by the accident and its aftermath.
- Property Damage: If any personal items, such as a phone or bicycle, were damaged in the accident, you can claim repair or replacement costs.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies, activities, or social interactions you once loved, you can seek compensation for that loss.
- Disability or Disfigurement: Permanent scarring, amputation, or other disabling injuries caused by the pedestrian accident may warrant damages for the long-term impact on your quality of life.
- Punitive Damages: In extreme cases, the court may award punitive damages to punish the liable party for gross negligence or reckless behavior, such as drunk or distracted driving.
The amount of compensation varies widely. Minor cases may result in settlements of a few thousand dollars, while severe or catastrophic injuries can lead to payouts in the hundreds of thousands or even millions, especially if liability is clear.
However, these cases are complex. At-fault parties or their insurance companies often aggressively defend against claims, disputing liability or blaming the pedestrian for the accident.
That’s why working with a trusted California pedestrian accident law firm is essential. A lawyer can gather evidence, consult experts, calculate your losses, and fight for the compensation you deserve. With the right legal guidance, you’ll have the best chance to rebuild your life after a pedestrian accident turned a routine walk into a nightmare.
How Long Do I Have to File a Pedestrian Accident Claim?
In California, the statute of limitations for personal injury claims is typically two years from the date of the accident. However, certain circumstances can alter this timeframe.
For instance, if the incident involves a government vehicle, you may be required to file a claim within just six months. To protect your rights and avoid missing critical deadlines, it’s essential to consult a California pedestrian accident attorney as soon as possible.
Should I Accept the Driver’s Initial Settlement Offer?
You may, but not too soon. It’s generally a bad idea to receive cash up front at the scene or accept initial settlement offers without consulting lawyers first for the following reasons:
You Haven’t Determined Your Overall Damages
Determining your damages involves assessing your injuries and how they impact your life. This can’t be done at the accident scene or immediately after the crash. If you accept cash immediately, you forfeit the chance to claim full compensation.
For example, a permanent leg injury from a pedestrian accident might prevent you from enjoying hobbies. In this case, you could seek compensation not just for medical bills but also for the loss of life enjoyment.
You May Experience Late-Appearing Injuries
Some injuries, like whiplash, back pain, or spinal cord damage, may not show up right away. Once you accept a settlement, you typically can’t file a claim later, even if new injuries appear.
Getting medical attention and diagnosing all injuries after an accident is crucial. Symptoms like headaches, pain, or numbness should be evaluated before accepting any settlement to avoid missing compensation for delayed injuries.
Accepting the Offer Limits Your Ability to File a Claim
By accepting a settlement, you waive your right to pursue further compensation later. Once you agree, you can’t seek more, even if new injuries or damages arise. Accepting cash at the scene frees the at-fault party from further responsibility.
Maximizing your settlement ensures you have the financial, physical, and emotional resources to recover. Consult a pedestrian accident attorney in California before accepting compensation to avoid underestimating your damages and settling for less than you deserve.
Do I Need a Lawyer After a Pedestrian Accident?
Legally, you’re not required to hire an attorney after a pedestrian accident. However, managing the claims process without professional legal representation can be challenging and could end up costing you more in the long run.
Insurance companies often prioritize their profits over your well-being, using strategies to minimize payouts or deny claims altogether. Without a thorough understanding of the legal system and your rights, you might miss out on the full compensation you’re entitled to for medical bills, lost wages, pain, and suffering.
An experienced California pedestrian accident lawyer can help you build a strong case, negotiate effectively with insurance adjusters, and ensure your best interests are protected every step of the way.
Choose a Team That Fights for You
There are hundreds of California pedestrian accident law firms; however, when it comes to legal representation, experience matters. The Law Offices of Larry H. Parker has a 95% success rate because we fight harder and smarter for our clients’ rights. Don’t face this difficult situation alone.
Call now for your no-risk consultation at 800-333-0000.
Protect your future. We’re here to help.
What Our Clients Have to Say About Us
While many personal injury attorneys can handle your case and develop a legal strategy, our team stands out for its relentless advocacy. We ensure that our personal injury lawyers are adequately able to create a strong claim, as confirmed by our previous clients:
“I had a very nice experience with Larry H. Parker representing me. Every time I left a message, I would get calls back. It was a lengthy process, but I have nothing negative to say about their service. I highly recommend them.” – Veronica S.
Frequently Asked Questions About Personal Injury Claims
Do you need to learn more about accident claims? We want to help you! Here are common questions that victims ask, which may clarify various aspects of your case.
- Liability in Flashing Yellow Light Intersection Collisions
- Who is Liable for a Nighttime Pedestrian Accident?
- Leaving the Accident Scene vs. Hit-and-Run: What’s the difference?
- Did a Pothole Cause Your Bike Accident? Learn Who Could Be Held Accountable
References
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved July 7, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
Deadlines to sue someone. (n.d.). California Courts | Self-Help Guide. Retrieved July 7, 2025, from https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations
Special Emphasis Report: Pedestrian Injuries. (n.d.). CDPH. Retrieved July 7, 2025, from https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/SACB/CDPH%20Document%20Library/Active%20Transportation%20Program/SpecialEmphasisReport_%20PedestrianInjuries.pdf
