Pedestrian Accident

In California, you generally have two years from the date of the accident to file a personal injury lawsuit under CCP § 335.1 — but if the driver who hit you was operating a government vehicle or the accident involved a dangerous road condition caused by a public entity, you may have as little as six months to file an administrative claim under the California Government Code § 911.2. Missing these deadlines almost always means losing your right to compensation entirely, so it's critical to speak with a pedestrian accident attorney as soon as possible. Don't wait to see how your injuries develop — the legal clock starts on the day of the crash.

Liability depends on the specific facts of your case, but in most California pedestrian accidents the driver who struck you bears primary responsibility under the state's negligence laws, particularly if they were distracted, drunk, or speeding. However, other parties may also share liability — including the driver's employer if they were working at the time, a rideshare company like Uber or Lyft, a government agency if faulty signals or dangerous road design contributed to the crash, or a vehicle manufacturer if a mechanical defect played a role. California follows a pure comparative fault system under Civil Code § 1714, meaning you can still recover compensation even if you were partially at fault for the accident. An attorney can investigate all potential sources of liability to make sure you pursue every avenue of recovery.

Your first priority is your safety and health — call 911 so police can document the scene and get medical attention immediately, even if you feel okay, because injuries like traumatic brain injuries and internal bleeding often don't show symptoms right away. While at the scene, photograph your injuries, the vehicle that hit you, road conditions, traffic signals, and any visible skid marks, and collect the names and phone numbers of eyewitnesses. Do not give a recorded statement to the insurance company or accept any settlement offer before speaking with a pedestrian accident attorney, because anything you say can be used to reduce or deny your claim. Contacting an attorney early also protects critical evidence — like surveillance footage from nearby businesses — that can disappear within days.

There is no fixed cap on compensatory damages in California pedestrian accident cases — your recovery can include medical bills, future medical costs, lost wages, diminished earning capacity, pain and suffering, and emotional distress, all of which can add up to hundreds of thousands or even millions of dollars depending on the severity of your injuries. Unlike medical malpractice cases, California does not impose a cap on non-economic damages in pedestrian accident claims, so serious injuries like spinal cord damage or traumatic brain injuries can result in substantial awards. If the driver was intoxicated or acted with extreme recklessness, you may also be entitled to punitive damages under California Civil Code § 3294. An experienced pedestrian accident attorney can accurately calculate the full value of your claim so you don't settle for less than you deserve.

One of the most damaging mistakes is giving a recorded statement to the insurance adjuster before consulting an attorney — insurers are trained to ask questions in ways that can be used to minimize your payout or shift blame onto you. Posting on social media is another critical error, because defense attorneys and insurance investigators routinely search platforms like Instagram and Facebook for photos or comments that contradict your claimed injuries. Delaying medical care is also harmful because gaps in treatment allow insurers to argue that your injuries weren't serious or were caused by something other than the accident. Finally, many victims accept a quick settlement offer without realizing it doesn't account for future surgeries, ongoing therapy, or long-term lost income.

Yes — a quick settlement offer from an insurance company is almost never in your best interest, and accepting it means you permanently waive your right to pursue additional compensation even if your injuries turn out to be far more serious than initially believed. Insurance adjusters are focused on closing claims cheaply, and they make early offers before you've had time to understand the full extent of your medical needs or lost income. A pedestrian accident attorney can evaluate whether the offer reflects your true damages — including future medical costs and non-economic losses — and negotiate aggressively for a fair result. At Mendez & Sanchez, we work on a contingency fee basis, meaning you pay nothing unless we win your case.

Yes, you can still recover compensation even if you were jaywalking, because California follows a pure comparative fault rule under Civil Code § 1714, which allows injured parties to collect damages regardless of their percentage of fault — your award is simply reduced by your share of responsibility. For example, if a jury finds you were 30% at fault for crossing outside a crosswalk but the driver was 70% at fault for speeding or being distracted, you can still recover 70% of your total damages. Drivers in California have a legal duty to exercise reasonable care toward all pedestrians, including those not in a crosswalk. An attorney can help build a strong case that emphasizes the driver's negligence and minimizes any attempt by the defense to overstate your fault.