Accident Guides
Hit by a Car as a Pedestrian in California: Your Rights and Your Claim
Quick Answer: California pedestrians hit by a vehicle can recover damages even if partially at fault — the state's pure comparative negligence rule reduces, but never eliminates, recovery. Drivers owe pedestrians a heightened duty of care, and jaywalking alone does not bar a claim.
The Governors Highway Safety Association reports more than 7,300 pedestrian deaths in a recent year — near the highest level in four decades — and California consistently records the most pedestrian fatalities of any state in NHTSA data.
Pedestrian Right-of-Way in California
California Vehicle Code § 21950 requires drivers to yield the right-of-way to pedestrians crossing a roadway in a crosswalk. Failure to do so is a traffic infraction — and evidence of negligence in a civil claim.
Injuries Are Often Catastrophic
Typical injuries include traumatic brain injuries, spinal cord injuries including paralysis, multiple orthopedic fractures, internal organ damage, severe lacerations, and wrongful death.
Uninsured and Underinsured Motorists
If the driver who hit you was uninsured or underinsured, your own auto insurance policy's UM/UIM coverage may compensate you — even though you were not in a vehicle at the time.
What to Do After Being Struck
Accept emergency medical care. Tell the police exactly what happened. Get witness information. Photograph your injuries as soon as possible. Do not speak to the driver's insurance company before consulting an attorney.
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