What should I do immediately after being hit by a car as a pedestrian in California?

Call 911 and do not refuse emergency medical care at the scene. Even if you feel uninjured, serious conditions such as traumatic brain injuries and internal bleeding often produce no immediate symptoms. Photograph the vehicle, driver, intersection, and your injuries, and collect witness contact information. Request the police report number before leaving, and consult a California pedestrian accident attorney before providing any statement to an insurance adjuster.

Can a pedestrian be found at fault in a California pedestrian accident?

Yes. California Vehicle Code § 21954 requires pedestrians crossing outside a designated crosswalk to yield to vehicles. Under California's pure comparative fault system, a pedestrian found partially at fault — for jaywalking or crossing against a signal — will have their compensation reduced by their percentage of responsibility. Even a pedestrian who is 50% at fault can still recover the remaining 50% of their damages. Partial fault never completely bars recovery under California law.

How much is a California pedestrian accident settlement worth?

Settlement values depend on injury severity, liability clarity, insurance policy limits, and documented damages. Cases involving fractures, traumatic brain injuries, or spinal damage regularly settle in the six-figure to seven-figure range. Wrongful death pedestrian cases have produced multi-million-dollar recoveries. Thorough medical documentation, strong liability evidence, and the defendant's available insurance coverage are the primary value drivers.

How long do I have to file a pedestrian accident lawsuit in California?

California Code of Civil Procedure § 335.1 provides a two-year statute of limitations for pedestrian accident claims measured from the date of the crash. If the responsible party is a government entity — such as a city whose defective crosswalk contributed to the accident — you must file a government tort claim within six months of the incident. Missing either deadline will almost certainly forfeit your right to any compensation.

Can I recover compensation if I was jaywalking when I was hit by a car in California?

Yes. California's pure comparative fault system allows a jaywalking pedestrian to recover damages reduced by their share of fault. If a jury assigns you 30% fault and awards $300,000 in total damages, you receive $210,000. California's Freedom to Walk Act (AB 2147, effective January 2023) reduced criminal penalties for jaywalking, and courts frequently assign significant fault to distracted or speeding drivers even when the pedestrian crossed outside a marked crosswalk.

Safety Tips for Pedestrians

Personal Injury Law Compass Law Group, LLP — (213) 320-1001

Published May 26, 2026 at 3:00 AM PT · Updated May 21, 2026 at 6:47 PM PT

By Joseph Shirazi, Managing Partner, Compass Law Group · CA Bar #265403
Published May 26, 2026 at 3:00 AM PT · Updated May 22, 2026

>Managing Partner, Compass Law Group, LLP
California Bar #265403
Past results do not guarantee future outcomes. Every case is unique.

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