Pedestrian injury claims

A pedestrian hit by a car has a negligence claim against the driver. The general framework — duty, breach, causation, harm — and comparative fault are covered on car accident claims in California. What is specific to a pedestrian case is the right-of-way law, the assumption that the person on foot "darted out," and the fact that these injuries are almost never minor.

This is general information, not legal advice, and it does not tell you whether you have a case.

Right of way

In a crosswalk

A driver must yield the right of way to a pedestrian crossing in a marked crosswalk, or in an unmarked crosswalk at an intersection. An unmarked crosswalk exists at most intersections whether or not lines are painted — it is the extension of the sidewalk across the road. Drivers often do not know this, and a claim at an unlined corner is treated the same as one in a painted crosswalk.

Outside a crosswalk

A pedestrian crossing the road somewhere other than a crosswalk must yield to vehicles. That does not end the analysis. California law also says that a driver must exercise all due care for the safety of any pedestrian, must reduce speed or take other precautions when warranted, and that a pedestrian's failure to use a crosswalk does not relieve the driver of that duty. A driver who was speeding, distracted, or not looking can still be largely at fault for hitting someone crossing mid-block.

Sources: Veh. Code, § 21950 (right of way at crosswalks; driver's duty of due care); § 21954 (pedestrian outside a crosswalk to yield).

More: crosswalk accidents · outside a crosswalk.

The "darted out" defense

Almost every pedestrian case draws the same defense: the person stepped off the curb suddenly, wore dark clothing, was looking at a phone, or crossed against the signal, and the driver had no chance. Sometimes that is true. Often it is a reconstruction of events built after the fact to fit a low offer.

The counter is physical. Reconstruction can establish the vehicle's speed from the throw distance and the damage, how far away the pedestrian was when they became visible, how long the driver had to perceive and react, and whether a driver paying attention and traveling at the limit would have stopped in time. Signal-timing data, the crosswalk's condition, streetlight placement, and any camera footage all feed into it.

More: how fault is decided.

The police report in a pedestrian case

Two things happen often enough to plan for. First, the most seriously injured person at the scene is frequently the pedestrian, and a badly hurt or unconscious pedestrian cannot give the officer their side. The report then reflects only the driver's account. Second, officers sometimes note a pedestrian "right of way" violation without the physical analysis that would show the driver had time to stop.

Neither is the end of the case. The report is generally not admissible at trial, it can sometimes be supplemented by going back to the agency with new information, and the physical evidence and reconstruction carry more weight than a first-day narrative. But it does mean a pedestrian case often starts from behind and has to be rebuilt from the ground.

Comparative fault in pedestrian cases

California uses pure comparative fault, so a pedestrian who was partly at fault — crossing mid-block, against a signal, or outside the lines — still has a claim, reduced by their share. Juries do assign pedestrians fault, and insurers assign more. The work in a disputed case is keeping that percentage tied to what the evidence supports, and making clear that a driver's duty to look out for people on foot does not disappear because the person was in the wrong place.

Sources: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405, Judicial Council of California Civil Jury Instructions (2026 edition). The doctrine in general: comparative fault.

The pedestrian's own conduct gets scrutinized: a phone in hand, headphones, alcohol, crossing against a "don't walk" signal. Each can add to a comparative-fault percentage. None of them, on its own, ends a claim, and none of them removes the driver's duty to see and avoid a person in the road. A driver who was speeding or looking at a screen does not get to point at the pedestrian's phone and walk away.

If a family member was killed

Pedestrian crashes are among the most likely to be fatal. When a person dies, close family members may bring a wrongful death claim, and the person's estate may bring a survival action for the harm suffered before death. Those claims run on their own rules and their own deadline.

More: wrongful death claims.

Where these crashes happen

Parking lots

Low speeds, cars backing out of stalls, poor sightlines around parked vehicles, and drivers looking for a space rather than for people. Fault often turns on who had the right of way in the lane, and private-property surveillance video is frequently the best evidence.

More: parking lot accidents.

School zones and children

Reduced speed limits, crossing guards, and a driver's heightened obligation to anticipate that a child may act unpredictably. A young child is generally held to a lower standard of care, or none at all depending on age, which limits the comparative-fault argument against them.

More: children and school zones.

Older adults

Crossing times built for a younger walking speed, injuries that are more severe and slower to heal, and a defense that tries to attribute the outcome to age or a pre-existing condition rather than the impact. Aggravation of a pre-existing condition is compensable, and the eggshell principle applies.

More: older adults · pre-existing conditions and your claim.

Hit-and-run

When the driver leaves, the criminal side and the injury side run on separate tracks. Report it to police so there is a case number and an investigation. For the claim, uninsured motorist coverage is often the answer: a pedestrian struck by an unidentified or uninsured driver can usually claim under their own auto policy, or under the policy of a relative living in the same household, even though they were on foot. Notice deadlines in those policies can be short, so open the claim promptly.

Sources: Ins. Code, § 11580.2 (uninsured and underinsured motorist coverage); Veh. Code, § 20001 (duty to stop and provide information after an injury crash).

More: hit-and-run pedestrian.

When a government entity is involved

A pedestrian crash can bring in a public entity when a dangerous condition of public property contributed: a signal with too short a walk phase, a faded or missing crosswalk, an obstructed sight line, inadequate lighting, or a known crossing danger the agency did not fix. These are dangerous-condition claims, and they run on the six-month government-claim clock, so they have to be spotted early.

Sources: Gov. Code, § 835 (dangerous condition of public property).

Injuries

A person on foot has no protection at all. Even a low-speed strike can cause fractures, and higher-speed impacts commonly cause traumatic brain injury, spinal injury, internal injuries, and long-term orthopedic damage. Because the injuries are serious and often permanent, documenting future care and the effect on work and independence carries real weight, and the available coverage is central to whether the claim can be paid. The injury pages cover how each is documented and disputed.

More: traumatic brain injury · fractures · all injuries.

Insurance

The claim is usually paid by the driver's liability policy. When the driver had no insurance, fled, or carried only a minimum policy that a serious injury exhausts, your own uninsured/underinsured motorist coverage — or a household relative's — steps in, and it covers you as a pedestrian. Health insurance and any med-pay coverage can pay bills while the liability claim is pending, subject to reimbursement from the recovery.

More: why insurance coverage limits decide cases · health insurance liens.

Deadlines

For an injury claim, the deadline to file suit is generally two years from the crash. A government entity in the case shortens that to a six-month written claim, then six months to sue after it is rejected. A claim on behalf of an injured child follows different timing rules. Confirm the deadline that applies to you early.

Sources: Code Civ. Proc., § 335.1; Gov. Code, § 911.2; Gov. Code, § 945.6.

More: statute of limitations.

What gets more attention in a pedestrian case

A pedestrian claim runs on the same track as any injury claim (the claims process), but because the injuries are usually severe, two parts get extra weight. The damages work has to project future medical care, lost earning capacity, and the effect on independence, supported by treating providers and often a life-care planner. And the coverage investigation has to run every policy to ground — the driver's, any employer's, and your own uninsured and underinsured coverage — because a minimum-limits policy rarely covers a life-altering injury.

What to do after a pedestrian crash

• Get emergency care, and follow up even if you refused transport at the scene.
• Make sure police respond and take a report; get the case number.
• Photograph the location, the crosswalk or lack of one, signals, and lighting.
• Get names and numbers for independent witnesses; note nearby cameras.
• Report the crash to your own auto insurer, even though you were walking.
• Do not give a recorded statement to the driver's insurer before advice.
• Write your own account while it is fresh, and confirm your deadline with a lawyer.

Common questions

Does a pedestrian always have the right of way in California?

No. A pedestrian has the right of way in a marked crosswalk and in an unmarked crosswalk at an intersection (Veh. Code, § 21950). Outside a crosswalk, the pedestrian must yield — but the driver still has to use due care and cannot simply run someone down.

I was crossing outside a crosswalk. Do I still have a claim?

Possibly. A driver must exercise due care for the safety of any pedestrian and reduce speed or take other steps when warranted (Veh. Code, § 21950(c)). Crossing outside a crosswalk is usually treated as comparative fault, which reduces a recovery but does not bar it.

The driver fled. What can I do?

A hit-and-run is a crime and should be reported. For the injury claim, your own auto policy's uninsured motorist coverage, or that of a resident relative, may apply to you as a pedestrian even though you were not in a car.

How long do I have to file a pedestrian accident claim?

Generally two years from the crash (Code Civ. Proc., § 335.1). If a government entity is involved — a city vehicle, a poorly designed intersection, a missing signal — a written claim is due within six months (Gov. Code, § 911.2), with six months to sue after it is rejected (Gov. Code, § 945.6).