Pedestrian Accident in California

About Pedestrian Accident Claims in California

When a vehicle hits a pedestrian, the pedestrian is almost always seriously hurt. Even at 25 mph, the impact can cause fractures, internal injuries, and traumatic brain injury. Medical costs escalate quickly and recovery often takes months or years.

The legal question usually centers on right of way — was the pedestrian in a crosswalk? Was the driver paying attention? Was the pedestrian jaywalking? Comparative fault rules determine how shared responsibility affects the claim. In most states, jaywalking reduces but doesn't eliminate recovery.

A surprisingly common issue in pedestrian cases is hit-and-run or uninsured drivers. The pedestrian's own auto insurance — specifically uninsured/underinsured motorist (UM/UIM) coverage and medical payments (MedPay) coverage — often becomes the primary source of recovery. Many people don't realize their auto policy covers them as a pedestrian.

How California Law Affects Pedestrian Accident Claims

California uses pure comparative fault. Even at 99% fault, the injured person can recover 1% of their damages.

In California, the statute of limitations for personal injury claims is 2 years from the date of injury. For claims against government entities: Written claim to the government entity within 6 months of the incident.

Damage caps: No general cap on personal injury damages. Medical malpractice non-economic damages were capped at $250,000 (MICRA), increased to $350,000–$750,000 under AB 35 (2023).

Common Issues in California Pedestrian Accident Cases

• Right-of-way disputes — crosswalk vs. jaywalking
• Driver distraction — texting, navigation, or not looking for pedestrians
• Hit-and-run situations where the driver is never identified
• Uninsured or underinsured drivers
• Severe injuries from even low-speed impacts
• Visibility factors — dark clothing, nighttime, poorly lit areas

State-Specific Factors in California

• Crosswalk and right-of-way rules
• Comparative fault system — how jaywalking or pedestrian distraction affects recovery
• UM/UIM coverage requirements and availability
• No-fault vs. at-fault auto insurance — affects which insurance pays first
• Statute of limitations for the filing deadline

Compensation in California Pedestrian Accident Cases

• Medical expenses — typically high due to injury severity
• Lost wages and loss of earning capacity
• Pain and suffering — often substantial
• Future medical costs — TBI and orthopedic injuries often require long-term care
• Disability accommodations and home modifications

What to Do After a Pedestrian Accident in California

• Call 911 immediately — pedestrian injuries require emergency evaluation
• Do not refuse the ambulance — internal injuries may not be apparent
• If conscious, try to note the vehicle description, plate number, and direction of travel
• Get witness contact information
• Report to police and get a copy of the report
• Check your own auto insurance for UM/UIM and MedPay coverage