Pedestrian Accident Lawyer in California
Hit by a vehicle while walking anywhere in California? You generally have two years to file an injury claim — and as little as six months if a government vehicle or a dangerous public roadway was involved. Talk to us before you speak to the driver’s insurer.
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California legal deadlines
In California you generally have
2years
from the date you were hit to file a personal injury lawsuit (Code of Civil Procedure § 335.1)
6months
to file a written government claim if a public vehicle or agency was involved (Government Code § 911.2).
The six-month deadline can also apply when a dangerous crosswalk, signal or roadway kept by a public entity contributed to the collision (Government Code § 835). Insurance policies carry their own notice deadlines, which are often shorter still.
Being outside a crosswalk does not end your claim. California uses pure comparative fault, so a pedestrian who shares some of the blame can still recover — the amount is reduced, not wiped out.
Miss the deadlines above, though, and a strong case can end before it starts. That is the most common reason good claims fail in this state.
A Person on Foot Has No Protection at All
A pedestrian has no bumper, no airbag and no seatbelt. An impact that would only dent a vehicle can break a pelvis or cause a head injury, and the hospital bills start before anyone has decided who was at fault.
Most people are still in treatment when the driver’s insurance adjuster first calls. That call is not a courtesy. Adjusters are trained professionals measured on what a claim costs the insurer. The friendly tone is real; so is the objective.
The questions are predictable. Were you in the crosswalk? Were you looking at your phone? What were you wearing? Did you step out suddenly? Each one is aimed at moving a share of the fault onto you before the evidence has been gathered.
None of that is a verdict. It is an opening position, and it moves when the file is documented and the insurer understands the case can be tried.
California law is also more specific about pedestrians than most people expect. Drivers must yield in marked and unmarked crosswalks, must use due care toward anyone on foot, and face their own deadlines and insurance rules. Knowing them is the difference between negotiating and guessing.
California Pedestrian Accident Rules That Decide Your Claim
| Rule | What California law requires |
|---|---|
| Deadline to sue for injuries | 2 years from the date of the collision (Code of Civil Procedure § 335.1). The same two-year period applies to a wrongful death claim, running from the date of death. |
| Claims involving a government vehicle or agency | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This covers city buses, police and public-works vehicles, and dangerous crosswalks, signals and road conditions. |
| Crosswalks — marked and unmarked | Drivers must yield the right-of-way to a pedestrian crossing within any marked crosswalk or within an unmarked crosswalk at an intersection (Vehicle Code § 21950). An unmarked crosswalk exists at most intersections even with no paint on the road. |
| Duty of care on both sides | A driver approaching a pedestrian in a crosswalk must use due care and slow down as needed to keep that person safe. Pedestrians also have a duty to use care for their own safety and not to step suddenly into the path of a vehicle that is too close to stop (Vehicle Code § 21950). |
| Crossing outside a crosswalk | Since January 1, 2023, the Freedom To Walk Act (Assembly Bill 2147) bars a citation for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of a collision. Crossing mid-block is not automatically negligence; it is one factor weighed with everything else. |
| Reporting to police | A collision involving injury or death must be reported to police or the CHP within 24 hours (Vehicle Code § 20008). Ask for the responding agency and the report number. |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred even if you were mostly responsible. |
| The driver’s minimum liability insurance | Since January 1, 2025, California minimums are $30,000 per person and $60,000 per accident for bodily injury (Senate Bill 1107, 2022). A serious pedestrian injury can exceed a minimum policy quickly, so other coverage often has to be found. |
| If the driver fled or had no insurance | Uninsured and underinsured motorist coverage on your own auto policy may respond even though you were on foot, and it often applies in hit-and-run cases. Insurers must offer it, but it can be declined in writing (Insurance Code § 11580.2), so check your declarations page rather than your memory. |
| If the injured person is a minor | The two-year deadline is generally paused until the child turns 18 (Code of Civil Procedure § 352). Government claim deadlines are treated differently and should not be assumed to pause. |
Major Causes of Pedestrian Accidents in California
Most pedestrian collisions we handle happen in ordinary places: an intersection, a driveway, a parking lot. The cause usually maps onto a specific traffic law — which matters, because a violation is strong evidence of negligence.
Failure to yield at a crosswalk
Drivers must yield to a pedestrian in a marked crosswalk and in an unmarked crosswalk at an intersection (Vehicle Code § 21950). Many drivers do not know the unmarked crosswalk exists, which explains the collision but does not excuse it.
Left and right turns across a crossing
A driver turning left is watching for a gap in oncoming traffic. A driver turning right on red is looking left for approaching vehicles. In both cases the person already in the crosswalk is the last thing the driver sees.
Distracted driving
California bans holding a phone while driving and bans texting outright (Vehicle Code §§ 23123, 23123.5). Phone records, infotainment data and app timestamps can often establish what a driver was doing at impact.
Speeding and unsafe speed
The basic speed law (Vehicle Code § 22350) prohibits driving faster than is safe for conditions, even under the posted limit. Speed decides both whether a driver can stop in time and how badly a person on foot is hurt.
Impaired driving
Driving with a blood alcohol level of 0.08% or higher is illegal (Vehicle Code § 23152), and impairment by cannabis or prescription medication counts too. A criminal conviction can support the civil claim.
Backing out of driveways and parking spaces
Driveways, parking lots and parking structures put people on foot directly behind moving vehicles. These collisions happen at low speed, but a fall onto concrete can still cause fractures and head injuries.
Dangerous crossings and road conditions
Sometimes the defendant is a public entity rather than a driver: worn crosswalk markings, a missing pedestrian signal, poor lighting, a blocked sight line (Government Code § 835). These claims carry the six-month deadline, which is why they are so often lost.
Commercial, rideshare and hit-and-run drivers
When a delivery van, bus, big rig or rideshare vehicle is involved, extra layers of law and insurance apply. When the driver flees, the claim may run through your own uninsured motorist coverage instead. Both are more complex than an ordinary claim.
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Pedestrian Accident Injuries We Represent
The injury drives the value of the claim, and pedestrian injuries are often severe because nothing absorbs the impact. Documentation from day one is what keeps an insurer from disputing them.
Fractures and orthopaedic trauma
Broken legs, knees, hips, pelvises, wrists and ribs are common when a vehicle strikes a person on foot. They frequently mean surgery, hardware and months of rehabilitation, with lost income on top of the medical bills.
Traumatic brain injury
A concussion does not require losing consciousness. Headaches, light sensitivity, irritability, word-finding trouble and difficulty concentrating are all reportable symptoms, and they often surface days later.
Spinal cord and back injuries
Herniated discs, nerve impingement and vertebral fractures can require injections, surgery, or lifelong management. Complete or partial paralysis changes the entire structure of a claim, including future care costs.
Internal injuries and organ damage
Internal bleeding and organ trauma can be life-threatening and are not always obvious at the scene. This is the main reason we urge you to accept the ambulance and be evaluated the same day.
Soft tissue injuries, road rash and scarring
Sprains, torn ligaments, deep abrasions and lacerations are easy for an adjuster to call minor. Consistent treatment records and photographs taken as the injuries heal are what answer that argument.
Catastrophic and permanent injuries
Amputation, crush injuries, disfigurement and injuries requiring lifetime attendant care call for life-care planning and economic expert analysis to value properly.
Wrongful death
When a collision is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action.
Psychological injuries
Post-traumatic stress, fear of crossing a street and depression are real consequences of being struck by a vehicle and are compensable when properly diagnosed and documented.
After a pedestrian collision in California: what to do
Get out of the roadway and call 911
Move to safety if you can, or stay still and wait for help if you cannot. A collision with injury or death must reach police or the CHP within 24 hours (Vehicle Code § 20008).
Accept the ambulance
Adrenaline masks injury. Internal injuries and concussions are routinely missed in the first hour, and declining transport is a fact insurers quote back months later.
Identify the driver and the vehicle
Get the driver’s name, licence, insurance details and plate number. If the driver leaves, note the make, colour, direction of travel and any part of the plate you saw.
Photograph the crossing, not just the injuries
Crosswalk markings, signals, sight lines, parked vehicles and lighting all matter. Conditions change quickly, so ask someone to take photos if you cannot.
Get witness names and numbers
Independent witnesses disappear quickly and are very hard to find later. A name and mobile number written down at the scene is worth a great deal months on.
Find the cameras within days
Storefront, residential, bus and traffic cameras may have recorded the impact, but footage is often overwritten quickly. An early written request to preserve it can make the difference.
Do not give a recorded statement
You are not required to give the driver’s insurer a recorded statement. They will ask where you were looking and whether you were in the crosswalk. Talk to a lawyer first.
Keep every record
Bills, referrals, prescriptions, mileage to appointments, pay stubs showing missed work, and a short daily note on pain and limitations. Keep the shoes and clothing you were wearing, unwashed.
Talk to a lawyer before accepting anything
An early offer usually arrives before the full picture of your injury exists. Once you sign a release, the claim is over, including for treatment you have not had yet.
Speak With a California Pedestrian Accident Lawyer Today
If you were injured in a pedestrian accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California pedestrian accident lawyer. The sooner you get guidance, the easier it may be to protect evidence, manage insurance communication, and move your claim forward.
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Schedule a Free Consultation with a California Pedestrian Accident Lawyer
Do not wait to get legal help after a serious pedestrian accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle pedestrian accident claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Pedestrian Accident Help Across California
This page covers the statewide rules. For the courts, police agencies and streets where your collision actually happened, start with the office closest to you.
Related practice areas
Some collisions fall under their own rules. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
Being hit by a vehicle while walking raises questions quickly: who was at fault, who pays the medical bills, and how long you have to act. Below are plain answers to the questions we hear most from injured pedestrians across California. They are general information; a free consultation is the place to talk about your own situation.
Pedestrian Accident Questions We Hear Most
What should I do immediately after being hit by a vehicle in California?
Call 911, make sure a police report is written, and accept the ambulance or get checked by a doctor the same day even if you feel able to walk away. Get the driver’s details and plate number, photograph the crossing and your injuries, and get witness names and numbers.
Do not discuss fault at the scene, and speak with a lawyer before giving the driver’s insurer a recorded statement.
How long do I have to file a pedestrian accident claim in California?
Most injury lawsuits must be filed within two years of the collision (Code of Civil Procedure § 335.1). If a city, county, transit agency or state vehicle was involved, or a dangerous roadway condition contributed, you generally have only six months to file a government claim (Government Code § 911.2). Insurance policies can have shorter notice deadlines, so call early.
Do drivers have to stop for pedestrians outside a marked crosswalk?
Often, yes. Vehicle Code § 21950 requires drivers to yield to pedestrians in marked crosswalks and in unmarked crosswalks at intersections, and an unmarked crosswalk exists at most intersections even with no paint on the pavement. Beyond that, drivers are expected to use reasonable care to avoid hitting anyone on foot, whoever has the right-of-way.
Is jaywalking illegal in California, and does it ruin my claim?
Since January 1, 2023, the Freedom To Walk Act (AB 2147) prohibits police from citing a pedestrian for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of a collision. Crossing outside a crosswalk is also not automatic negligence in a civil case. It is one factor weighed under comparative fault.
What if the collision was partly my fault?
You can still recover. California follows pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than eliminated. If you are found 30% at fault, you recover 70% of your damages. Insurers often push for a larger share of blame than the evidence supports, which is one reason to have a lawyer document the facts.
What if the driver had no insurance or fled the scene?
Uninsured/underinsured motorist coverage on your own auto policy may pay for your injuries even though you were walking, and it also applies in many hit-and-run cases. Report the collision to police and your insurer quickly, because policies contain their own notice deadlines. We review every policy that might apply and pursue every available source of coverage.
How much is my pedestrian accident case worth?
It depends on the injuries and treatment, whether surgery or long-term care is needed, how much income you lost, how clear fault is, and how much insurance is available.
Since January 1, 2025, California drivers must carry at least $30,000 per person in bodily injury coverage, but serious cases often require looking at additional policies, employer coverage or your own UM/UIM. Be careful with any early number an adjuster offers before treatment ends.
Should I accept the insurance company’s first offer?
Usually not. Early offers tend to arrive before the full medical picture is known and rarely account for future care, lost earning capacity or pain and suffering. Once you sign a release, the claim is closed for good. Have the offer reviewed before you accept it.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles pedestrian accident claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.