I Got Hit By a Car While Walking in California: What to Do Next
If you were hit by a car while walking, these are the immediate actions you should take:
- Consider your safety
- Call 911
- Exchange contact information with the at-fault driver
- Collect relevant evidence
- Accept medical treatment at the scene
Once the dust has settled, it’s time to take legal action with the following steps:
- Consult with our experienced personal injury attorney
- Report to your insurance
- Follow all medical advice
- Carefully assess the full range of your losses
The State of California takes pedestrian safety extremely seriously. If you’ve been injured in a pedestrian accident in California that was caused by driver negligence, there are specific steps to protect you both medically and financially.
These include seeking immediate medical care and carefully following through with your doctor’s instructions. In addition, address your emotional, financial, and physical losses while consulting with a pedestrian accident attorney early in the process.
The qualified Torrance pedestrian lawyers at Feher Law are committed to ensuring your legal rights, and we’ll leave no stone unturned in our focused efforts to do so.
I was hit by a car as a pedestrian, what do I do immediately?
If you were hit by a car as a pedestrian, these are the first 5 steps you should follow that will help you build a strong claim and ensure your recovery process is on the right track:
1. Consider your safety
To begin, it’s important to say that pedestrian accidents are some of the deadliest out there, and if you’re a pedestrian accident victim who has been seriously injured, you should skip directly to Step 5.
Otherwise, it’s time to consider your safety and to remove yourself from harm’s way, which means getting off the street.
2. Call 911
Even if you think someone may have already called the authorities, call the police – or 911 – right away. This is the best means of ensuring that help will be on the way as soon as possible.
3. Exchange contact information with the at-fault driver
In California, motorists involved in accidents are required to exchange basic contact information, which includes the following:
- Name, current address, and phone number
- Driver’s license number
- Vehicle identification number
- Auto insurance card
As an injured pedestrian, you should request this information of the driver who hit you and you should also provide the other driver with your contact information.
4. Collect relevant evidence
- Photos and videos of the accident itself or of its aftermath – as captured by you, by eyewitnesses at the accident scene, or by the authorities who respond to the accident
- Footage from dashcams, security cameras, or traffic cameras
- Photographic documentation of your injuries
- Any physical evidence at the scene
- The testimony of eyewitnesses
- Your account of how the accident happened – your memories may fade due to accident-induced stress, which makes it advisable to make notes on your phone
- The police report that documents the accident and any tickets that were issued
5. Accept medical treatment at the scene
If you were seriously injured by someone else’s negligence, you’re likely to receive emergency treatment and be transported to a medical facility for emergency medical care.
Even if you think you feel fine at the time of the accident, it’s important to accept medical treatment if it’s offered and to seek medical attention if it’s not. The bottom line is that pedestrians are exceptionally vulnerable to the overwhelming impact of a traffic accident. The adrenaline, along with the physical and emotional shock that you experience, can mask your symptoms and pain.
If you’ve been struck by a car, understanding what to do if you get hit by a car while walking is critical to protecting your health and your legal rights. It’s always in your best interests to err on the side of caution by consulting with a medical professional as soon as possible.
I got hit by a car while walking: further steps to take for a pedestrian hit by a car
Once the dust has settled and you’ve received initial medical treatment, it’s time to take further action and look to file a claim.
1. Consult with our experienced personal injury attorney
The next order of business is protecting your legal claim, which will directly affect your recovery. This translates to consulting with a trusted lawyer at your earliest opportunity. Your attorney will step in and help ably guide your claim toward its best possible resolution, in support of your best possible health outcome.
2. Carefully assess the full range of your losses
A primary factor in your pedestrian accident claim is accurately assessing your complete physical, financial, and emotional losses, which your settlement should reflect.
Economic Damages
Medical bills
In the wake of a pedestrian accident, your related medical bills are likely to mount quickly. Further, pedestrian accidents tend to be so serious that your healthcare needs may be ongoing. For example, you may experience dangerous complications and secondary health concerns that require further treatments and procedures.
When it comes to pedestrian accidents, treatments like the following often prove beneficial:
- Chiropractic care
- Rehabilitation
- Physical therapy
- Assistance in carrying out your normal daily activities of living
- Medical expenses (current and future)
- Rehabilitation costs
- Out-of-pocket expenses related to the accident
Keeping your healthcare needs in focus will play a critical role in how well your settlement covers the full scope of your legal damages.
Lost income
While your medical bills pile up and you focus on your recovery, you can also face lost income due to lost hours on the job. If your earning capacity is affected, this form of legal damages can be compounded in the future.
Property damage
In addition to medical expenses and lost wages, you may also be entitled to compensation for personal property damaged during the accident.
Non-economic damages
Physical and emotional pain and suffering
In addition to your economic losses, you’re very likely to experience emotional consequences that are more challenging to tally. These can result in serious losses that can be extremely difficult to master and overcome.
When a pedestrian is hit in a car accident, it’s not uncommon to suffer debilitating emotional symptoms that are likened to PTSD. Common examples include:
- Increased anxiety
- Symptoms associated with depression
- Sleep disturbances
- Terrifying accident flashbacks
- Difficulty concentrating
- Self-isolation that can limit support just when it’s needed most
- Severe mood swings
- Emotional distress
- Loss of quality of life
- Psychological trauma
If you’re involved in a pedestrian accident, it’s important to note that the insurance company handling your claim is very likely to seriously undervalue your emotional damages. This does not, however, mean that they aren’t important to your overall health.
In fact, your accomplished San Bernardino pedestrian accident lawyer will spare no effort when it comes to ensuring that this category of loss is well represented – and difficult to refute.
Can a pedestrian sue if they are hit by a car?
Yes, a pedestrian who is hit by a car can sue the at-fault driver, especially if the driver acted negligently. California law protects pedestrians and allows injury victims to seek compensation for medical bills, lost wages, and pain and suffering, even in cases involving partial fault.
- Negligence: If the driver failed to exercise reasonable care (e.g., speeding, distracted driving, or ignoring traffic signals), they may be found negligent and liable for the pedestrian’s injuries.
- Duty of Care: All drivers have a legal obligation to watch for pedestrians and drive safely. Breaching that duty, like not yielding at a crosswalk, can result in legal consequences.
- Causation: The pedestrian must show that the driver’s negligence directly caused their injury. Medical records, accident reports, and witness testimony often serve as critical evidence.
- Compensation: Injured pedestrians can pursue damages for medical expenses, loss of income, rehabilitation, and emotional distress through an insurance claim or a personal injury lawsuit.
- Partial Fault: Even if the pedestrian was partially at fault (e.g., jaywalking), California’s comparative negligence rules allow them to recover compensation, reduced by their percentage of fault.
- Child Pedestrians: Children are given additional legal protections. Drivers are expected to exercise greater caution near schools and residential areas, making it easier to prove negligence if a child is struck.
Legal rights and compensation when getting hit by a car as a pedestrian
A skilled attorney serves as your primary advocate, taking comprehensive steps to protect your legal interests while you focus on recovery. The legal process involves a strategic approach to building and pursuing your claim.
Our pedestrian accident attorney will systematically manage your case by:
- Compiling critical evidence to strengthen your claim
- Filing formal insurance claims
- Guiding you through complex legal procedures
- Negotiating assertively with insurance companies
- Preparing for potential litigation if settlement negotiations fail
Typical timeline for your claim
In terms of time, your claim will proceed something like this:
- Once your attorney files your claim with the involved insurance company, they have 15 days to acknowledge receipt.
- From here, the insurance company has 40 days to make a decision that’s based on the claim.
- Once the claim is resolved through settlement, the insurance company has 30 days to make the final payment.
This timeline can vary considerably based on the complexities of the case. The more serious your injuries are, the more likely your case is to be challenging – and the more likely it is that negotiations will be lengthy.
A good rule of thumb when it comes to how long it takes for personal injury claims to be finalized is that:
- Fast: 2 weeks to 3 months
- Average: 3 months to 9 months
- Protracted: 9 months+
If your case goes to court, of course, it’s likely to take considerably longer. It’s also worthwhile to note here that the statute of limitations – or the legal limit – for filing a lawsuit against the at-fault driver of the vehicle involved is a short two years from the date of the injury-causing accident.
Legal rights in personal injury claims
California law provides robust protections for pedestrian accident victims. Your legal rights include:
- Right to seek full compensation for injuries
- Protection against unfair insurance practices
- Ability to file claims against multiple responsible parties
- Opportunity to recover damages even if partially at fault
Pedestrian fault and liability considerations
California follows a comparative negligence rule, which means compensation can be adjusted based on the pedestrian’s level of responsibility. Scenarios that might impact your claim include:
- Jaywalking
- Crossing outside designated crosswalks
- Walking while intoxicated
- Ignoring traffic signals
- Distracted walking
Even if you are partially at fault, you may still recover damages, with your compensation reduced proportionally to your level of responsibility.
Pedestrian right-of-way laws in California
California law provides strong protections for pedestrians, especially in designated crosswalks and intersections. Under California Vehicle Code § 21950, drivers must yield the right-of-way to pedestrians crossing the road within a marked crosswalk or at an intersection, even if it’s unmarked.
However, pedestrians also have a duty of care. They must not suddenly leave a curb or walk into the path of a vehicle that is too close to stop safely. That said, if a driver is speeding, distracted, or otherwise acting negligently, even if the pedestrian wasn’t in a crosswalk, the driver may still be held at fault.
Liability and insurance considerations
Insurance plays a critical role in pedestrian accident claims. The process involves:
- Investigating the driver’s auto insurance coverage
- Exploring additional insurance sources
- Identifying potentially responsible parties
- Negotiating with insurance companies
Insurers will conduct thorough investigations to determine fault, making professional legal representation essential to protect your interests.
Statute of limitations
In California, the legal window for filing a personal injury claim is typically two years from the date of the accident. This limited timeframe underscores the importance of taking prompt legal action.
Dealing with the driver’s insurance
After a pedestrian is hit, it’s common for the at-fault driver’s insurance company to reach out quickly, sometimes within hours. While they may seem helpful, their goal is to reduce the insurer’s financial responsibility, not to help you recover fair compensation.
You are not obligated to speak to the driver’s insurer or provide a recorded statement. Doing so may damage your claim. Before you speak with any adjuster or sign any paperwork, you should speak to our pedestrian accident lawyer. We will communicate with the insurer on your behalf, ensure your injuries are documented correctly, and help you avoid common mistakes that reduce your compensation.
Insurance company tactics
Insurance companies are in the business of paying out as little as possible. In pedestrian accident cases, they may use a variety of strategies to minimize your claim, including:
- Downplaying your injuries or suggesting they were pre-existing
- Blaming you for the accident, especially if you weren’t in a crosswalk
- Offering lowball settlements before the full extent of your injuries is known
- Delaying the claim process in hopes you’ll settle out of frustration
- Requesting medical records to look for unrelated issues to deny or limit coverage
To protect yourself, keep thorough records, avoid speaking to the insurer without counsel, and contact our lawyer, who knows how to push back against these tactics effectively.
Estimate your case value instantly
Want a clearer picture of what your personal injury case might be worth? Use our free personal injury settlement calculator to get a quick, informed estimate based on your situation. While this tool can’t replace a legal evaluation, it can help you understand the potential value of your claim.
Disclaimer: This calculator provides an estimate based on general inputs and does not constitute legal advice or a guarantee of results. Settlement values can vary significantly based on facts, liability, jurisdiction, and evidence. For a more accurate assessment, please contact us for a free case review.
Selected Value: 0%
Additional reading: average payout for a pedestrian hit by a car in California
Our commitment to you
At Feher Law, we understand the complexity of pedestrian accident claims. Our dedicated team is committed to:
- Comprehensive case evaluation
- Aggressive representation
- Maximizing your potential compensation
- Guiding you through every step of the legal process
Call (866) 646-6676 today for a no-obligation consultation. Your path to justice and recovery starts here.
Statistics and common causes of pedestrian accidents
Pedestrian accidents continue to be a critical public safety concern in the United States. In 2022, the statistics paint a sobering picture of the risks faced by pedestrians:
- Nationally, 7,522 pedestrians were killed in motor vehicle crashes.
- An average of 21 pedestrians were killed in motor vehicle crashes every day.
- In California, 1,158 pedestrians were killed in motor vehicle traffic crashes.
- Pedestrian fatalities increased nationally by 0.7 percent between 2021 and 2022.
- Pedestrian fatalities decreased in California by 1.8 percent between 2021 and 2022.
The most common causes of pedestrian accidents include:
- Distracted driving (smartphone use, navigation systems)
- Speeding and reckless driving
- Impaired driving (alcohol or drugs)
- Poor visibility, especially during nighttime
- Failure to yield right-of-way at crosswalks
- Inadequate street lighting and infrastructure
- Drivers not paying attention in urban and residential areas
California presents a particularly challenging landscape for pedestrian safety. The high number of pedestrian fatalities underscores the critical need for increased awareness, improved infrastructure, and enhanced safety measures to protect vulnerable road users.
Common injuries from pedestrian accidents
When a pedestrian is hit by a vehicle, the injuries can be severe due to the lack of physical protection. Many victims suffer not only physical trauma but also emotional and financial consequences.
In our experience, some of the most common injuries include:
- Fractures and broken bones, especially in the legs, pelvis, or arms
- Traumatic brain injuries (TBI) from head impact with the ground or windshield
- Spinal cord injuries, including herniated discs or permanent paralysis
- Soft tissue injuries, such as torn ligaments, whiplash, and muscle damage
- Internal injuries to organs from blunt force trauma
- Psychological trauma, including anxiety, PTSD, and depression
Each injury has different medical and financial implications, all of which should be thoroughly documented if you intend to pursue a claim.
| Injury Type | Description | Estimated Recovery Time | Impact on Compensation |
|---|---|---|---|
| Broken bones | Fractures of limbs, ribs, or pelvis | 6 weeks – 6 months | Medium to high |
| Traumatic brain injury | Concussions to severe brain damage | Months to lifelong | Very high |
| Spinal injuries | Includes disc injuries and partial paralysis | Variable | Very high |
| Soft tissue injuries | Whiplash, bruises, sprains | 2 weeks – 3 months | Low to moderate |
| Internal injuries | Organ damage, internal bleeding | Variable | High |
| Lacerations & road rash | Surface skin injuries and scarring | 1 week – 2 months | Low to moderate |
| Emotional trauma | PTSD, anxiety, or depression | Variable | May increase non-economic claim |
How we’ve helped pedestrians after they’ve been struck by a vehicle
Our commitment to our clients’ rights, rightful compensation, and well-being is reflected in the reviews and testimonials they share, including the following excerpts:
- Knowledgeable, professional experts . . . highly recommend
- Their professionalism, attention, and care are outstanding.
- Their great efforts and service give me peace of mind.
- These people jump through hoops to take care of you!
- They went above and beyond to get me what I deserved.
These tributes speak to the difference we make in our clients’ lives, and we take great pride in their appreciation.
Let us help you secure the maximum compensation you deserve
If you’ve suffered physical injuries as a result of a pedestrian accident that was caused by a motorist’s negligence, your legal rights and livelihood are at stake. At Feher Law, we offer focused legal representation throughout California.
We’re also well-prepared to help guide you seamlessly through the legal process – from identifying the driver who caused the accident to negotiating a fair settlement, and everything in between.
The injuries and pain you sustain in a pedestrian accident may cloud your judgment and your ability to adequately address the challenging situation you face. At Feher Law, we have the legal insight necessary to swoop in and zealously pursue the compensation to which you’re entitled.
We welcome the opportunity to fight for your rights, so please don’t wait to contact us today.
Our key takeaways
If you’ve been involved in a pedestrian accident, remember:
- Prioritize your health and immediate medical needs
- Document everything meticulously
- Contact a specialized pedestrian accident attorney immediately
- Understand your legal rights and potential compensation
- Do not communicate with insurance companies without legal representation
Take action now!
Time is of the essence. The complexity of pedestrian accident claims requires immediate, professional legal intervention. You don’t have to go through this challenging process alone.
Call Feher Law today at (866) 646-6676 for a comprehensive, no-obligation consultation. Our dedicated team is committed to securing the maximum compensation you deserve.
Your road to recovery starts with one important step – reaching out to experienced legal professionals who will fight tirelessly for your rights.
FAQs on what to do after a pedestrian accident
What if the driver who hit me doesn’t have insurance?
If the driver is uninsured, you may still be able to recover compensation for your injuries through your own uninsured/underinsured motorist (UM/UIM) coverage. California law requires insurers to offer this protection. An attorney can help you file the claim correctly and negotiate the highest possible payout from your provider.
Can I still sue if I wasn’t in a crosswalk?
Yes. While crosswalks offer stronger legal protection, drivers still owe a duty of care to all pedestrians. If the driver was speeding, distracted, or failed to yield, you may still have a valid claim. Your fault may be reduced by comparative negligence, but it doesn’t bar compensation.
How do I get medical treatment if I can’t afford it?
If you don’t have insurance or can’t afford treatment, a personal injury attorney may be able to help you obtain care on a medical lien. This means providers agree to be paid from your settlement later, allowing you to get necessary treatment without upfront out-of-pocket expenses.
Will giving a recorded statement hurt my case?
Yes, it can. Insurance adjusters often use recorded statements to minimize your claim or assign blame unfairly. It’s best to speak with an attorney first, who can communicate on your behalf and ensure you don’t say anything that might weaken your right to full compensation.
What if I didn’t file a police report at the scene?
While a police report is helpful, you can still file a claim without one. Your attorney can use medical records, witness statements, traffic camera footage, and other evidence to build your case. It’s important to document your injuries and speak with legal counsel as soon as possible.
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