California Pedestrian Accident Laws: Your Rights After Being Hit by a Car

California has some of the highest pedestrian fatality rates in the United States. The California Office of Traffic Safety reports that pedestrians account for roughly 25% of all traffic fatalities in the state — a disproportionate share given how few people walk versus drive. If you were hit by a car in California, the law provides strong protections — but you need to act quickly to preserve your rights.

California's Pedestrian Right-of-Way Laws

California Vehicle Code § 21950 establishes the fundamental rule: drivers must yield to pedestrians in marked and unmarked crosswalks. An unmarked crosswalk is any intersection where two roads meet at a right angle, even if there are no painted lines. This means pedestrians have the right of way at virtually every intersection in California.

Additional protections include:

• CVC § 21954: Even outside a crosswalk, drivers must exercise due care to avoid hitting pedestrians.
• CVC § 21955: Pedestrians may not jaywalk between adjacent intersections with traffic signals — but even jaywalking does not eliminate a driver's duty of care.
• CVC § 21960: Pedestrians are prohibited from freeways, but drivers on surface streets must always yield.

Who Is Liable in a California Pedestrian Accident?

Liability in pedestrian accidents typically falls on one or more of the following parties:

• The driver: Distracted driving, speeding, running red lights, failing to yield, and driving under the influence are the most common causes of pedestrian accidents. The driver's liability insurance pays your claim.
• The vehicle owner: If the driver was operating someone else's vehicle, the vehicle owner may also be liable under California's permissive use doctrine.
• A rideshare company (Uber/Lyft): If a rideshare driver hit you, Uber or Lyft's commercial insurance policy (up to $1 million when a passenger was in the vehicle) may apply.
• A government entity: If a dangerous road condition contributed to the accident, the city, county, or state may be liable. Government claims require a 6-month notice deadline — much shorter than the standard 2-year statute of limitations.
• A commercial truck or bus operator: Commercial vehicles have higher insurance minimums and stricter federal safety regulations.

California Comparative Fault and Pedestrian Accidents

California follows pure comparative negligence (Civil Code § 1714). This means you can recover compensation even if you were partially at fault for the accident — your recovery is simply reduced by your percentage of fault.

Common scenarios where pedestrians are assigned partial fault include crossing against a “Don't Walk” signal, stepping into traffic from between parked cars, walking while distracted, walking in the roadway when a sidewalk is available, and wearing dark clothing at night. Insurance adjusters aggressively assign fault to pedestrians to reduce their payout. An experienced attorney can counter these arguments with traffic engineering expert testimony, surveillance footage, and witness statements.

What Damages Can You Recover?

Pedestrian accidents frequently cause severe injuries because pedestrians have no physical protection from a vehicle impact. Recoverable damages include medical expenses (emergency room, surgery, hospitalization, physical therapy, rehabilitation, future medical care), lost wages, pain and suffering, property damage, and wrongful death damages if the pedestrian died.

Typical Settlement Values for California Pedestrian Accidents

• Minor injuries (soft tissue, minor fractures): $25,000 – $75,000
• Moderate injuries (multiple fractures, surgery): $100,000 – $350,000
• Severe injuries (TBI, spinal cord, amputation): $500,000 – $3,000,000+
• Wrongful death: $750,000 – $5,000,000+

Filing Deadlines

Standard deadline: 2 years from the date of the accident (CCP § 335.1). For accidents involving government vehicles or dangerous road conditions maintained by a public entity, you must file a government tort claim within 6 months. Missing this deadline can bar your claim (a late-claim application under Gov. Code section 911.4 may be available within one year) against the government.

Frequently Asked Questions

What if the driver fled the scene (hit and run)?

If the driver fled, you have several options: (1) file an uninsured motorist (UM) claim with your own auto insurer if you have a vehicle; (2) file a claim under your health insurance for medical bills; (3) if the driver is later identified, pursue them directly. California's UM coverage applies to pedestrians hit by uninsured or unidentified drivers — even if you don't own a car, a family member's UM policy may cover you.

Can I sue if I was hit in a parking lot?

Yes. California's pedestrian right-of-way laws apply in parking lots as well as public streets. Property owners may also be liable if inadequate lighting, poor signage, or dangerous lot design contributed to the accident.

What if a child was hit by a car?

If the injured pedestrian was a minor, the statute of limitations is tolled until their 18th birthday — giving them until age 20 to file. However, acting quickly is always better: evidence disappears, witnesses forget, and surveillance footage is overwritten.