A Vehicle Hit You While You Were on Foot. California law protects pedestrians — here is how.

Pedestrian Accident Law in California: Driver Duties and Your Rights

A pedestrian accident claim in California is a personal injury negligence action in which the driver owes a heightened duty of care to pedestrians. Under California Vehicle Code section 21950, drivers must yield the right of way to pedestrians crossing in marked or unmarked crosswalks at intersections, and must exercise due care to avoid striking any pedestrian anywhere on the roadway.

Pedestrians are the most vulnerable road users in any traffic environment. They have no metal protection, no airbags, and no crumple zone. A pedestrian struck by a vehicle traveling at 30 mph faces a mortality risk of approximately 37% according to traffic safety research; at 40 mph that risk exceeds 83%. The catastrophic injury potential in pedestrian accidents is reflected in the damages available — which frequently involve multi-year medical treatment, permanent disability, and lifetime care costs.

NHTSA's most recent fatality data confirms that pedestrian deaths have increased significantly over the past decade, driven by larger vehicle front-end profiles (SUVs and trucks), increased distracted driving, and population growth in urban pedestrian environments. A pedestrian dies in a U.S. traffic crash approximately every 70 minutes. California, with its dense urban centers and year-round outdoor pedestrian activity, consistently ranks among the states with the highest pedestrian fatality totals.

California law provides specific protections for pedestrians. Vehicle Code section 21950 requires all drivers to yield to pedestrians in both marked crosswalks and unmarked crosswalks (defined by VC § 275 as the extension of a sidewalk across an intersection even where no painted lines exist). Vehicle Code section 21954 requires pedestrians who cross outside of a crosswalk to yield to vehicles, but this does not eliminate the driver's duty of care — it affects comparative fault apportionment. Vehicle Code section 21960 prohibits pedestrians from crossing freeways or expressways.

Common pedestrian accident scenarios in California include: crosswalk strikes where the driver failed to stop for a pedestrian in the crossing; turning vehicle strikes where a driver turning right or left failed to yield to pedestrians crossing with the signal; distracted driver strikes where a driver using a mobile device or otherwise inattentive failed to observe a pedestrian in the roadway; backing vehicle strikes in parking lots; and hit-and-run incidents where the driver fled the scene.

What to Do After a Pedestrian Accident in California

Pedestrian accident scenes generate critical evidence that disappears quickly. The steps taken in the minutes and hours after the collision determine what can be proved.

1. 01
   Call 911 from the scene or have someone call

   A police or CHP report from the scene is essential evidence in any pedestrian accident claim. Law enforcement documents the driver's information, the location of the collision, the state of traffic controls, whether the pedestrian was in a crosswalk, and any observed driver impairment or distraction. Do not attempt to move if you may have sustained spinal injuries.

2. 02
   Do not attempt to stand if you feel spinal symptoms

   Numbness, tingling, or weakness in the limbs following a pedestrian impact suggests possible spinal cord or cervical spine injury. Wait for emergency responders who are trained in spinal immobilization and safe patient movement. Premature movement of a pedestrian with a spinal injury can convert a partial injury to a complete one.

3. 03
   Document the scene — or ask a bystander to do so

   If you are physically able, or if a bystander can assist, photograph the vehicle, its final resting position, the crosswalk markings, pedestrian signals, traffic control devices, skid marks, and your final position on the road. Document whether the pedestrian signal showed "walk" at the time of the crossing. This information is central to fault analysis.

4. 04
   Get the driver's complete information

   Obtain the driver's name, driver's license number, license plate, vehicle registration, make and model, and insurance company and policy number. Do not allow the driver to leave before law enforcement arrives. If the driver attempts to leave, provide officers with a detailed vehicle description and direction of travel.

5. 05
   Collect witness contact information

   Witnesses who observed the driver's speed, phone use, signal status, or the pedestrian's location in the crosswalk at the time of impact are among the most valuable evidence in pedestrian accident cases. Get names, phone numbers, and email addresses before witnesses leave the scene.

6. 06
   Seek emergency hospital evaluation immediately

   All pedestrian accidents involving vehicle contact require hospital evaluation, regardless of whether the pedestrian believes they can walk. Internal injuries, traumatic brain injury, pelvic fractures, and spinal injuries may not be immediately symptomatic. Emergency room records dated the day of the collision establish the causal chain between the impact and all diagnosed injuries.

7. 07
   Consult an attorney before speaking to the driver's insurer

   The driver's insurer begins its investigation immediately. Surveillance camera footage of the crossing may be requested or preserved by the insurer before you have a chance to secure it. An attorney can issue a preservation letter to relevant businesses and municipalities on an emergency basis and protect you from recorded statements taken before the full picture of your injuries is known.

Your Legal Rights After a Pedestrian Accident in California

A pedestrian injured by a vehicle in California has the right to pursue full compensation for all damages caused by the driver's failure to exercise the required duty of care. The absence of any vehicular protection means that pedestrian accident injuries tend to be severe, and the damages available reflect this reality.

Recoverable damages in a California pedestrian accident case include all economic losses (emergency hospitalization, surgery, intensive care, rehabilitation, physical therapy, occupational therapy, future medical care, lost wages, loss of earning capacity for lasting disability, and all related out-of-pocket costs) and all non-economic losses (physical pain during treatment and recovery, emotional distress, post-traumatic stress, disfigurement, and loss of enjoyment of previously-enjoyed activities).

Pedestrian accident cases frequently involve catastrophic injuries — traumatic brain injury requiring long-term cognitive rehabilitation, spinal cord injury resulting in paraplegia or quadriplegia, traumatic amputation, and severe orthopedic injuries requiring multiple surgeries. Lifetime care costs for a spinal cord injury victim can range from $500,000 to over $5 million depending on the level of injury and the injured person's age. These future costs must be fully calculated by medical and vocational experts before any settlement is accepted.

If the driver was operating a vehicle while intoxicated, was texting while driving, or was engaged in conduct demonstrating deliberate disregard for pedestrian safety, punitive damages are available under Civil Code section 3294. Punitive damage awards in pedestrian accident cases — particularly DUI cases — can substantially exceed the compensatory damages alone.

How Fault Is Determined in Pedestrian Accident Cases

California's pure comparative fault system governs pedestrian accident cases. Fault is apportioned among all parties whose negligence contributed to the collision, and each party's liability is proportional to their percentage of fault. A pedestrian who is partially at fault still recovers from the driver for the driver's portion of responsibility.

Driver fault is established when the driver:

• Failed to yield to a pedestrian in a marked or unmarked crosswalk (VC § 21950)
• Was using a handheld mobile device at the time of the collision (VC § 23123.5)
• Was speeding, reducing their ability to stop for a crossing pedestrian (VC § 22350)
• Failed to maintain a proper lookout for pedestrians in a crosswalk or pedestrian zone
• Turned right or left at an intersection without yielding to pedestrians crossing with the signal (VC § 21453)
• Was operating under the influence of alcohol or drugs (VC § 23152)
• Reversed a vehicle in a parking lot or driveway without checking for pedestrians

Pedestrian comparative fault may be raised when the pedestrian:

• Crossed mid-block outside any marked or unmarked crosswalk (jaywalking) without yielding to vehicles (VC § 21954)
• Crossed against a "don't walk" or pedestrian signal in a controlled intersection
• Was using a mobile device or headphones in a way that impaired awareness of approaching traffic
• Suddenly entered traffic without allowing drivers adequate time to yield

Even where a pedestrian is assigned comparative fault, the analysis of the driver's duty remains. California Vehicle Code section 21950(b) expressly states that the vehicle driver's duty of care does not relieve the pedestrian of the duty to exercise due care for their own safety — but it also preserves both duties. A driver must exercise due care to avoid striking any pedestrian they observe or should observe on the roadway, regardless of the pedestrian's comparative fault.

Insurance Considerations in Pedestrian Accident Claims

The driver who struck the pedestrian is the primary insurance source. The driver's auto liability policy covers bodily injury to third parties — including pedestrians — up to policy limits. California's mandatory minimum of $30,000 per person (as of January 1, 2025) is frequently insufficient for the catastrophic injuries common in pedestrian accidents. Umbrella policies may provide additional coverage.

If the driver who struck the pedestrian was uninsured or fled the scene, the pedestrian's own insurance policies become the primary recovery mechanism. Under California Insurance Code section 11580.2, Uninsured Motorist (UM) coverage applies to pedestrians — a pedestrian struck by an uninsured or hit-and-run driver can make a UM claim under their own auto policy or under a household member's auto policy, even though the pedestrian was not in a vehicle at the time of the crash.

Medical Payments (MedPay) coverage in the pedestrian's own household auto policy also covers medical expenses regardless of fault — providing an immediate source of funds for emergency care while the liability claim is being investigated and resolved.

If the pedestrian accident occurred at an intersection where traffic signal timing, crosswalk marking, or lighting conditions contributed to the crash, a government entity claim may be available against the city, county, or Caltrans. Government entity claims require strict compliance with the claims presentation requirements of the Government Tort Claims Act, including filing within six months of the incident.

Evidence That Matters in Pedestrian Accident Cases

Evidence in pedestrian accident cases must establish that the pedestrian had the right of way or was otherwise acting lawfully, and that the driver failed to exercise the required duty of care. The following categories are most critical.

• Traffic and surveillance camera footage: Intersections with traffic control cameras, nearby business cameras, and dashcams in adjacent vehicles may have captured the collision, the pedestrian signal status at the time of crossing, and the driver's pre-impact speed. This footage is typically overwritten within 30 to 72 hours and must be preserved by immediate formal request.
• Police report: The responding officer's observations about the pedestrian's location (in crosswalk vs. mid-block), the signal state, the driver's speed, and any evidence of distraction or impairment are foundational evidence. Officers who issue citations to the driver create strong evidence of the driver's negligence.
• Cell phone records: Subpoenaed cell phone records establish whether the driver was actively using a handheld device at the time of the collision. Active phone use at the moment of impact supports both negligence per se and punitive damages claims.
• Vehicle EDR data: The at-fault vehicle's event data recorder captures speed, braking, and throttle data in the seconds before impact. This data establishes whether the driver was speeding and whether they braked before the collision or not at all.
• Pedestrian signal and traffic light timing records: Municipal traffic engineering departments maintain timing records for pedestrian signals. These records establish whether the pedestrian had a "walk" signal at the moment they entered the crosswalk, directly establishing right of way.
• Witness statements: Witnesses at or near the crosswalk who observed the signal state, the pedestrian's position, and the driver's conduct before impact provide the most persuasive non-party testimony available in pedestrian accident cases.
• Medical records and expert testimony: Emergency records, imaging studies, neurological evaluations, and life care planning reports document the injuries, their causation, and the full scope of future care costs. Expert medical testimony is particularly important in traumatic brain injury and spinal cord injury cases where the long-term prognosis requires professional medical opinion.