Pedestrian Accidents
A subtype of Motor Vehicle Accidents
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About Pedestrian Accidents
California law provides strong protections for pedestrian rights. If you were struck by a vehicle while walking, jogging, or crossing the street, you likely have the right to seek compensation. Pedestrian accidents often result in severe injuries — fractures, traumatic brain injuries, and spinal cord injuries — leading to substantial medical expenses and a lengthy recovery. Even if you were not in a crosswalk, you may still be entitled to compensation.
What insurance companies won't tell you
The first offer is usually low
Adjusters' first offers are often on the low side, and many people accept without knowing. Before you sign anything, it's worth hearing a lawyer out.
Your calls may be recorded
Anything you say to the insurance company can be recorded and affect your claim. Once you have a lawyer, the insurer generally has to communicate with your lawyer instead.
Delay is a common tactic
Medical bills keep growing while they wait for you to get anxious. A lawyer keeps following up and applying pressure so your claim doesn't stall.
What to do right now
Don't talk to the other driver's insurance alone
The other side's adjuster aims to pay as little as possible. Until you have a lawyer, you don't have to give a recorded statement or sign anything.
Photograph everything at the scene with your phone
Vehicles, road conditions, injuries, the other driver's plate and insurance — photos and video are the strongest evidence.
See a doctor soon, even if you feel fine
Injuries can show up days later, and timely medical records matter a great deal to your claim.
Keep every receipt and report
Medical bills, the police report, proof of missed work — every document can affect your compensation.
Talk to a lawyer as early as you can
The earlier a lawyer gets involved, the more completely the evidence is preserved. The consultation is free.
Your call is answered directly by the named member-attorney team — never sold to third parties.
Frequently asked questions
Who is at fault when a pedestrian is hit in a crosswalk?
Drivers must yield to pedestrians in crosswalks — marked or unmarked (Veh. Code §21950; unmarked crosswalks at intersections count too). Struck inside a crosswalk, the driver usually bears primary fault.
I wasn't in a crosswalk (jaywalking) — can I still recover?
Yes. Under pure comparative negligence, being outside a crosswalk only reduces your recovery by your share of fault — it doesn't zero it. And since 2023, the Freedom to Walk Act (AB 2147) limits jaywalking enforcement — crossing safely is no longer automatically a violation.
What's distinctive about pedestrian-injury compensation?
Pedestrians have no protection, so injuries are typically severe (fractures, head trauma) and medical plus non-economic damages loom large. If the driver's limits are too low, the UM/UIM on your own auto policy usually covers you as a pedestrian too.
The driver says they "didn't see me" — is that a defense?
No. "I didn't see them" usually shows a failure to keep a proper lookout. Darkness or obstructed views may factor into comparative fault, but they don't erase the driver's duty to yield to pedestrians.
General information, not legal advice.
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