Car Accident
Car accidents are the most common personal injury claim in California. The at-fault driver is liable under negligence principles, and California's pure comparative fault system from Li v. Ye...
Car Accident guide →Legal Information Notice
This page provides general legal information about pedestrian accident claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Pedestrian Accident Under California Law
Pedestrians struck by vehicles in California have the strongest victim-protection framework in the state's traffic law. California Vehicle Code Section 21950 requires all drivers to yield to pedestrians in crosswalks. A pedestrian struck in a marked or unmarked crosswalk has a near-conclusive liability case against the driver. Pedestrian injuries from vehicle collisions are typically far more severe than occupant injuries.
California personal injury law provides a robust framework for pedestrian accident victims. The governing legal standard depends on the type of injury: vehicle accidents proceed under negligence (with Vehicle Code violations establishing negligence per se); premises liability proceeds under the Rowland v. Christian (1968) duty of care; product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability; and medical malpractice proceeds under MICRA's professional negligence standard with its specific damage caps and shorter statute of limitations.
California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allows pedestrian accident victims to recover damages even if they were partly at fault. Recovery is reduced proportionally by the victim's fault percentage but not eliminated. California imposes no cap on economic or non-economic damages in non-malpractice personal injury cases.
Who Is Liable After a Pedestrian Accident
Liability in pedestrian accident cases depends on the specific facts and the legal theory governing the injury type. For vehicle accidents: the at-fault driver and their employer (if driving for work). For premises liability: the property owner, lessee, or other party who controlled the property. For product liability: the manufacturer, distributor, and retailer in the entire distribution chain. For medical malpractice: the licensed healthcare provider and potentially the healthcare facility. For workplace accidents: the employer's workers' compensation insurer (exclusive remedy against the employer) and third-party defendants whose negligence contributed.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Damages Available After a Pedestrian Accident
California pedestrian accident victims can recover: all past and future medical expenses (no cap); lost wages and lost earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in non-malpractice personal injury cases; and punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 (personal injury) and $650,000 (wrongful death) in 2026.
Statute of Limitations for Pedestrian Accident Claims in California
Two years from the date of injury under CCP Section 335.1 for most pedestrian accident claims. Medical malpractice: one year from discovery or three years from the act (CCP Section 340.5). Government entity claims: six-month administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing any applicable deadline permanently bars the claim.
Critical Evidence in Pedestrian Accident Cases
- Medical records from the date of injury — Create a contemporaneous medical record tying injuries to the incident; seek care the same day if possible
- Incident or police report — Official documentation of the event, the parties, and any witnesses
- Photographs — The scene, injuries, defective condition, or damaged product at the earliest possible opportunity
- Witness information — Names and contact information for all persons who saw the incident
- Insurance information — All potentially applicable policies from all potentially liable parties
- Prior incident records — Prior complaints, citations, inspections, or product recalls that establish the defendant's prior notice of the hazard
- Employment and wage records — Documentation of lost income from the date of injury forward
Frequently Asked Questions — Pedestrian Accident
Does California law always give pedestrians the right of way?
California Vehicle Code Section 21950 requires drivers to yield to pedestrians crossing within any marked or unmarked crosswalk at an intersection. However, CVC Section 21950 also requires pedestrians to exercise reasonable care. A pedestrian who runs into traffic outside of a crosswalk, crosses against a signal, or suddenly enters the roadway may face comparative fault — though the driver still has an overriding duty to exercise due care.
What if I was hit in a marked crosswalk?
If you were hit in a marked crosswalk, the driver violated CVC Section 21950's explicit yield requirement, establishing negligence per se. This means the driver's negligence is presumed from the violation itself without requiring further proof of unreasonable conduct. Pedestrian cases in marked crosswalks are among the clearest liability scenarios in California traffic law.
What damages are available to a pedestrian hit by a car?
All economic damages: emergency medical care, hospitalization, surgery, rehabilitation, lost wages, and future medical care. Non-economic damages: pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life — uncapped in California. Pedestrian injuries are frequently catastrophic — broken bones, traumatic brain injury, spinal cord injury — producing large economic damage calculations.
What if the driver fled the scene after hitting me?
A hit-and-run driver triggers your uninsured motorist coverage under California Insurance Code Section 11580.2, provided there was physical contact between the vehicle and your body, and you reported the incident to law enforcement within 24 hours. File both a police report and a UM claim with your own insurer immediately.
Can a pedestrian recover if they were jaywalking?
Yes, under California's pure comparative fault system. Jaywalking — crossing outside a crosswalk — may reduce the pedestrian's recovery proportionally, but it does not eliminate recovery. Even a jaywalking pedestrian has a civil claim against a driver who could have avoided the collision with reasonable care. The driver's duty to exercise due care for pedestrians applies everywhere, not just in crosswalks.
How long does a pedestrian have to file a lawsuit in California?
Two years from the date of the accident under CCP Section 335.1. For minor pedestrian victims, the period is tolled until age 18. Government entity vehicle claims require a six-month administrative claim under Government Code Section 945.4. Hit-and-run UM claims must be reported to law enforcement within 24 hours to preserve coverage rights.
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