Walking to the store, crossing a busy intersection, or simply taking a stroll through your neighborhood should never end in tragedy. Yet, pedestrians are uniquely vulnerable on the road. Without the physical protection of a vehicle, an unexpected collision can cause devastating trauma, including broken bones, head injuries, and severe internal injuries.
If you have recently experienced this trauma after a pedestrian hit, you might find yourself frantically searching for answers and thinking, “Someone hit me with their car while I was walking, now what?”
It is completely normal to feel overwhelmed, confused, and worried about your health and financial future after such an unexpected traffic accident. You likely have many questions about what to do next to protect yourself and your recovery. This guide will help you navigate the days ahead, walking you through the crucial steps to take, how liability works, and what to expect when filing a pedestrian accident claim.
At a Glance
-
- Seek Medical Care Immediately: Prompt medical treatment is critical, as many pedestrian injuries do not show symptoms right away.
- Protect Your Rights: Do not discuss fault or apologize at the accident scene, as insurance adjusters can misinterpret your words.
- Understand Comparative Negligence: Under California law, injured pedestrians can pursue damages even if they are partially at fault for the accident.
- Do Not Face Insurance Alone: It is wise to consult with a pedestrian accident attorney before giving any statements to an insurance adjuster.
Immediate Steps to Take After a Pedestrian Accident
The moments following a collision are chaotic, but taking the proper steps can protect both your physical well-being and your legal rights:
1. Call 911 and Seek Medical Attention
Being hit by a car as a pedestrian is scary. The first, most important thing to do is call the police or 911 immediately to get help on the way. Even if you think you’re okay, you should see a doctor as soon as possible. Your health is the priority. Have a qualified healthcare professional evaluate you, as adrenaline can mask the pain of severe injuries, including traumatic brain injuries, and delays can harm your health and your claim.
2. Move to a Safe Area
If you are physically able, move to a safe location away from the roadway to prevent further harm.
3. Document the Scene and Gather Information
As soon as you can, start collecting proof. Take some good, clear photos of your injuries, the car that hit you, any traffic signs, and the area around you. Make sure you get the driver’s and any witnesses’ information, like their names, phone numbers, and the driver’s insurance details. It’s also a good idea to quickly get statements from anyone who saw the accident happen. This helps you lock in the evidence right away.
4. Avoid Admitting Fault
Accident victims should never apologize or discuss fault at the scene of the accident. It is crucial to avoid admitting fault at the scene or in communications with insurance adjusters.
Understanding Liability and California Law
Liability in pedestrian accidents usually comes down to negligence, which means determining whether someone failed to use reasonable care. The burden of proof lies with the victim to show that the driver was negligent. If a driver failed to pay attention due to distracted driving, they can be held liable. In a complex personal injury case, multiple parties can be at fault, including the driver, the pedestrian, and even third parties such as vehicle owners or government entities responsible for road maintenance.
Drivers must watch for pedestrians and obey traffic laws to avoid accidents. Under California Vehicle Code Section 21950, drivers must yield to pedestrians in marked or unmarked crosswalks. Additionally, California has introduced new safety regulations aimed at reducing crashes. For example, under AB 413 (Daylighting to Save Lives Bill), drivers may not park within 20 feet of a crosswalk to improve visibility.
Pedestrians also have duties, such as crossing within marked crosswalks and waiting for signals, which can affect liability. However, recent legal updates, such as the Freedom to Walk Act (2023), allow pedestrians to cross outside marked crosswalks when it is safe to do so without being cited. Even if you share some blame, California follows a pure comparative negligence rule, meaning you can still pursue compensation for damages even if you are partially at fault.
Navigating the Insurance Process
Insurance companies often try to deny or reduce an insurance claim after a crash, making the process frustrating for pedestrian accident victims. They may use your words against you to limit what they pay for your claim.
- Report the Crash: You should report the crash to your own insurance company within the first day or two after the accident.
- Stay Silent on Fault: You should avoid discussing fault or injuries with the other driver’s insurance adjuster without legal advice. It is important to avoid giving a statement to the driver’s insurance adjuster without legal representation.
- Keep Detailed Records: Keep a record of all communications with insurance companies, including dates and details of conversations. Request a copy of the police report after the accident, as it is a key piece of evidence. Keep track of all medical records, bills from medical providers, receipts for any medical equipment you need, and lost income.
- Stay Offline: Avoid posting about the accident on social media, as insurance companies may use it against you.
Frequently Asked Questions
Q: Can I still file a claim if I wasn’t in a crosswalk?
A: Yes. You do not have to be in a crosswalk to have a valid claim, though crosswalk laws can influence liability.
Q: What should I do if the vehicle fled the scene?
A: If the driver flees the scene, report it to the police immediately. You may still have options to pursue damages through your own underinsured or uninsured motorist coverage.
Q: How long do I have to take legal action?
A: California’s statute of limitations for personal injury claims is two years from the date of the accident.
Q: What if a loved one lost their life in a pedestrian accident?
A: Pedestrian fatalities are a tragic reality. If your family member was a pedestrian and suffered fatal injuries in a crash, you may be able to file a wrongful death claim. In severe cases, families may face tragic consequences such as wrongful death claims when negligence leads to fatal injuries.
Q: Should I hire an attorney?
A: A skilled pedestrian accident lawyer can make a significant difference in the resolution of your pedestrian accident case. They can help you avoid common mistakes, seek compensation from the at-fault driver, and submit your claim on your behalf. The right Los Angeles pedestrian accident lawyer protects your rights against aggressive insurance tactics.
Don’t Face the Aftermath of a Pedestrian Accident Alone
Healing from a pedestrian accident is a difficult and painful journey, especially when you are burdened with mounting medical expenses, physical pain, lost wages, and deep emotional distress. You do not have to walk this path alone, and the legal process should never add to your stress.
As client-first, trial-ready advocates serving the Greater Los Angeles community, The Capital Law Firm, P.C., provides extensive support so you can focus entirely on getting better. We take care of our clients by arranging transportation to medical appointments, conducting regular check-ins, and making sure you can always speak directly to a dedicated personal injury attorney in Los Angeles, California, about your pedestrian injury claim.
If you or someone you love has been injured in a crash, contact us at (213) 814-1020 or complete our online form to schedule a free consultation. Our team is available 24/7 to help you move forward with strength, clarity, and support from our primary office at 6420 Wilshire Blvd, 18th Floor, Los Angeles, CA 90048.
When We Fight For You, It’s Personal.
Copyright © 2026. The Capital Law Firm, P.C. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Capital Law Firm, P.C.
6420 Wilshire Blvd, 18th Floor
Los Angeles, CA 90048
(213) 814-1020
https://capfirm.com/
