How to Walk Without Getting Hit

Call 911, seek emergency medical care even if you feel uninjured, photograph the scene and vehicle from multiple angles, and collect the driver’s insurance and contact information. Get names and phone numbers from any witnesses before they leave. Do not give a recorded statement to any insurance company before speaking with an attorney. Surveillance footage and dashcam recordings are typically overwritten within 24 to 72 hours, so retaining a lawyer immediately to issue evidence preservation letters is critical to protecting your claim.

Yes. California follows a pure comparative negligence system under Civil Code § 1714. Even if you were crossing mid-block, walking against a signal, or otherwise partially at fault, your damages are reduced only by your percentage of responsibility — not eliminated entirely. If a jury finds you 30% at fault for a $400,000 claim, you still recover $280,000. Drivers maintain an independent legal duty to exercise reasonable care for all pedestrians in their path, regardless of whether the pedestrian was in a marked crosswalk at the time of impact.

Source: Compass Law Group | Pedestrian Safety in Los Angeles

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California Code of Civil Procedure § 335.1 gives most pedestrian accident victims two years from the date of injury to file a lawsuit. However, if a government agency contributed to your accident — through a defective signal, missing crosswalk markings, or dangerous road design — you must file a government tort claim within six months under California Government Code § 911.2, or you permanently lose the right to sue that agency. For minors, the statute generally does not begin running until age 18. Because deadlines vary by case circumstances, consult an attorney as soon as possible after the accident.

Your medical bills may be covered by the at-fault driver’s liability insurance, your own health insurance (with potential reimbursement from any settlement through a lien), your own uninsured or underinsured motorist (UM/UIM) coverage if the driver lacked adequate insurance, or MedPay coverage if your auto policy includes it. In cases involving a commercial vehicle, the employer’s commercial liability policy may also apply. An attorney can identify all available insurance layers, negotiate medical liens to protect your net recovery, and ensure your settlement accounts for both past and future medical expenses before you sign any release.

Settlement amounts vary widely based on injury severity, long-term prognosis, available insurance coverage, and comparative fault. Minor injuries with limited medical treatment typically settle between $25,000 and $150,000. Moderate injuries requiring surgery or extended rehabilitation commonly reach $150,000 to $750,000. Catastrophic injuries — traumatic brain injuries, spinal cord damage, amputations, or permanent disability — regularly result in seven-figure outcomes, particularly when the driver was impaired or reckless. California juries have historically been sympathetic to pedestrian victims injured by negligent drivers, which improves pre-trial settlement leverage significantly.