California Pedestrian Accident Law

Were You Just Hit by a Car?
Here is exactly what to do right now.

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Injured pedestrian being helped after being struck by a vehicle on a California street

If a car just hit you, do these five things immediately: call 911, stay at the scene, get the driver's information, take photos, and go to the emergency room even if you feel okay. Do not tell the driver or their insurance company that you are fine — adrenaline masks pain, and symptoms from a car strike can take days to appear. Everything you say after the crash can be used against you when you file a claim.

Step 1: Call 911 and Stay at the Scene

Call 911 right away, even if your injuries seem minor. A police report creates an official record that identifies the driver, documents road conditions, and establishes the basic facts of what happened. In California, drivers are required by law to stop and provide their information after hitting a pedestrian or cyclist. If the driver fled, give the 911 dispatcher a description of the vehicle and the direction it went. Get the officer's name and badge number before they leave, and ask how to obtain a copy of the report — you will need it.

While you wait for help, move out of the road only if it is safe to do so. Do not move if you have neck or back pain. Ask bystanders to stay until police arrive so they can give statements.

Step 2: Gather Information at the Scene

If you are physically able, collect the following before you leave:

  • Driver's full name, phone number, and address
  • Driver's license number and insurance card — photograph both
  • License plate number — photograph it from multiple angles
  • Names and phone numbers of any witnesses
  • Photos of the vehicle, your injuries, skid marks, and the surrounding area
  • Photos of any traffic signals, crosswalk markings, or signage nearby

If you cannot collect this information yourself, ask someone nearby to do it for you. Evidence disappears quickly — surveillance footage is often overwritten within 24 to 72 hours, and physical evidence at the scene changes once the vehicles are moved.

Step 3: Get Medical Care Right Away

Go to the emergency room or an urgent care clinic the same day, even if you walked away from the scene. Internal bleeding, traumatic brain injuries, and spinal damage do not always cause immediate pain. A medical evaluation creates a record that connects your injuries to the crash — that connection is critical if you later need to recover your medical costs.

Tell the treating doctor exactly what happened: you were struck by a vehicle, where on your body you felt impact, and every symptom you are experiencing, no matter how small. Follow every treatment instruction you receive and keep all your appointment records. Gaps in medical treatment give insurance companies a reason to argue your injuries were not serious.

What California Law Says About Your Rights

California uses a rule called pure comparative negligence. This means you can recover compensation even if you were partly at fault for the crash — for example, if you were crossing outside a crosswalk. Your award is reduced by your percentage of fault, but you are not barred from recovering anything. If a jury finds you were 30% at fault, you still recover 70% of your damages.

California also gives you two years from the date of the crash to file a personal injury lawsuit. If you were hit by a government vehicle — a city bus, a county sheriff's car, a state employee's vehicle — the deadline is much shorter: you must file a government claim within six months of the crash date. Missing that six-month window can permanently end your right to recover anything from a government agency.

Drivers in California are required to carry a minimum of $15,000 in bodily injury coverage per person. If the driver who hit you had no insurance, California's uninsured motorist law may allow you to file a claim through your own auto insurance policy — even if you were on foot at the time.

What You Can Be Compensated For

When a car strikes you, the financial impact goes well beyond the initial emergency room visit. California law allows you to seek compensation for:

  • All medical bills — emergency care, surgery, physical therapy, future treatment
  • Lost wages — income you missed while recovering, and reduced earning capacity if you cannot return to the same work
  • Pain and suffering — the physical pain and emotional distress the injury caused
  • Property damage — clothing, phone, bicycle, or other items destroyed in the crash
  • Permanent disability or disfigurement — if your injuries leave lasting effects

Insurance companies routinely offer fast settlements that cover only immediate medical bills. Those offers almost never account for ongoing treatment, lost earning capacity, or long-term pain. Once you accept a settlement and sign a release, you cannot go back for more — even if your condition worsens.

What Not to Say or Do After the Crash

A few common mistakes can seriously damage your ability to recover what you are owed:

  • Do not apologize or say it was partly your fault — even informally at the scene
  • Do not post about the crash on social media — photos and comments are used as evidence
  • Do not give a recorded statement to the driver's insurance company without first speaking to a lawyer. You are not legally required to, and early recorded statements are often used to minimize your claim.
  • Do not accept the first settlement offer before you know the full extent of your injuries

How Mendez & Sanchez Can Help You

Getting hit by a car is terrifying, and the weeks that follow — dealing with pain, medical bills, missed work, and insurance adjusters — can be just as overwhelming. Mendez & Sanchez APC has represented injured Californians for decades and has recovered over $1 billion in settlements and verdicts. Our team handles everything: gathering evidence, dealing with insurance companies, calculating the full value of your losses, and fighting for every dollar you are owed. You pay nothing upfront and nothing at all unless we win your case. If you or someone you love was struck by a vehicle, reach out today — the sooner you act, the stronger your case.

Preguntas frecuentes

Yes. Many serious injuries — including internal bleeding, concussions, and spinal damage — do not cause immediate pain because adrenaline suppresses symptoms. Going to the hospital the same day creates a medical record that links your injuries to the crash, which is essential if you later file a claim. Waiting several days to seek care gives insurance companies grounds to argue your injuries were not related to the accident.
Call 911 immediately and give a description of the vehicle, including color, make, model, and direction of travel. In California, hit-and-run is a crime. If the driver is never found, you may still be able to file a claim under your own uninsured motorist coverage — this applies even if you were on foot when you were hit. Nearby surveillance cameras, witnesses, and dashcam footage from other vehicles can also help identify the driver.
In most cases, California gives you two years from the date of the crash to file a personal injury lawsuit. However, if a government vehicle hit you — such as a city bus, police car, or any vehicle owned by a public agency — you must file a formal government claim within six months of the crash. Missing that six-month deadline almost always bars you from recovering anything from the government agency.
Yes. California follows pure comparative negligence, which means you can recover compensation even if you were partly at fault. Your total award is reduced by your percentage of fault — for example, if you were found 25% at fault, you recover 75% of your damages. Being outside a crosswalk does not automatically make you at fault, and drivers still have a legal duty to avoid hitting pedestrians.
Do not accept it without understanding the full extent of your injuries first. Insurance companies make early offers specifically because they are almost always less than what you are actually owed — they do not account for ongoing medical treatment, lost future income, or long-term pain and suffering. Once you sign a release and accept a settlement, you cannot ask for more money later, even if your condition worsens significantly.

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