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Pedestrian · Crosswalk · Hit & Run

California Pedestrian Accident Lawyers.
The driver owes you due care.

If you were hit by a vehicle while walking in California, the driver owes you a duty of care under Veh. Code § 21950 to yield in a crosswalk and exercise due care for any pedestrian in any situation. You generally have two years to file under CCP § 335.1, or six months if a public entity is involved (Gov. Code § 911.2). No fee unless we win.

Updated June 2026 · Reviewed by Jeff Yates, Esq. · CA Bar #332659
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First 72 Hours

What to do
after a pedestrian crash.

Pedestrian impacts are often serious. These seven steps protect both your health and the case - and they're written in the order they actually happen.

  1. 01

    Call 911 - paramedics and police.

    Make the call. Even if you can stand and walk, internal injuries, concussion, and orthopedic trauma often surface hours later. The police report locks the driver's identity in.

  2. 02

    Get the driver's information (or witnesses' info if they fled).

    Name, license, plate, insurance. If the driver fled, get the plate, vehicle color, make, model, and any witness contact info immediately.

  3. 03

    Photograph the scene - including sight lines.

    The crosswalk, traffic signals, the driver's vehicle position, any obstructions to visibility. Photos taken at the same time of day matter for sun-glare and visibility defenses.

  4. 04

    Get each witness's name and phone.

    Pedestrians, other drivers, store-front employees. Names and numbers captured at the scene matter more than statements taken weeks later.

  5. 05

    Preserve your phone, shoes, and clothing.

    Don't wash or discard them. The defense will sometimes argue you were distracted by your phone - your phone's lock-state log can rebut that.

  6. 06

    Get full medical evaluation, even if you walked away.

    Hidden internal bleeding and head injuries are common. ER documentation from day-of is the strongest medical record.

  7. 07

    Call a Devoted attorney before talking to insurance.

    We send a preservation letter to the driver, the property, and any business with relevant CCTV - most footage is overwritten within 14–30 days.

Talk to a Devoted Attorney

CCTV from the crash is overwritten in 14 days.

A preservation letter on day one is often the difference between winning the liability fight and the carrier denying most of your claim.

California Law That Applies

Four rules that
control pedestrian cases.

Driver Duty

Veh. Code § 21950 - Yield in crosswalks.

primary source
Drivers need to yield to pedestrians in marked or unmarked crosswalks at intersections, and exercise due care for any pedestrian at any time. CACI 700 (the standard jury instruction on driver duty) reflects the same rule.
Statute of Limitations

CCP § 335.1 + Gov. Code § 911.2.

primary source
Two years from the date of the crash to file a lawsuit. If a public entity is involved (a city vehicle, a dangerous crosswalk maintained by the city), a notice of claim needs to be served within six months under Gov. Code § 911.2. Tolled to age 18 for child victims.
Freedom To Walk

Veh. Code § 21955 - AB 2147 (2023).

primary source
California decriminalized safe mid-block crossings effective January 1, 2023. A pedestrian crossing mid-block is generally lawful unless an immediate hazard exists. Insurance arguments built on 'jaywalking' are weaker post-AB 2147.
Comparative Fault

CACI 405 - Pure comparative.

primary source
Your recovery is reduced by your share of fault, but you can still recover even if you were mostly at fault. Rule from Li v. Yellow Cab Co. (1975), applied via CACI 405. For child pedestrians, the standard is judged against a child of similar age and maturity.
Compensation You May Recover

What a pedestrian claim
can cover.

California organizes damages into two categories. Past results do not guarantee a similar outcome.

Economic Damages
  • Emergency room, trauma center, surgery
  • Imaging, neurology, rehab, physical therapy
  • Future medical care and life-care plan
  • Lost wages and lost earning capacity
  • Out-of-pocket and transportation costs
  • Home modifications for mobility loss
Non-Economic Damages
  • Pain and suffering - physical and emotional
  • Mental anguish, PTSD, anxiety
  • Loss of enjoyment of life
  • Disfigurement and visible scarring
  • Loss of independence (catastrophic-injury cases)
  • Loss of consortium for a spouse or partner

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case.

Talk to a Devoted Attorney

Talk to a California pedestrian-accident attorney now.

Statewide Case Evaluations, 24/7. We'll send the preservation letter the same day and start building the case.

What Happens After You Call

Three steps.
No fee unless we win.

01

Free case review.

Call (888) 760-2529. A licensed California attorney calls back, usually within the hour.

02

Preservation letter.

Same day to the driver and any business with CCTV. We pull traffic-camera and police body-cam footage before it's overwritten.

03

We build and resolve the case.

Investigation, accident reconstruction, medical chronology, demand. If the carrier won't pay fair value, we file and litigate.

Case Results

Real results.
For real clients.

Names withheld for privacy, facts preserved for transparency. Each case is unique - yours included.

See all case results
Rollover Accident
Oceanside, CA · 2025
Recovered
$1.3M
$300K offered4.3×

A high school student sustained serious injuries requiring arm surgery after being involved in a rollover accident as a passenger. The incident occurred while exiting Interstate 5.

Read the case study
Bicycle Accident
Twentynine Palms, CA · 2025
Recovered
$600K
$30K offered20×

During an evening bike ride in Twentynine Palms, a father was struck by a distracted driver who ran a stop sign, leaving him with multiple fractures and requiring several surgeries.

Read the case study
Dog Bite
Sacramento, CA · 2023
Recovered
$505K
$100K offered

Walking his French bulldog in the morning, our client was suddenly attacked by a Cane Corso. He sustained multiple injuries, including bite wounds to his thigh, a chipped tooth, forehead abrasions, and a back injury.

Read the case study

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case. Each case is different and depends on its unique facts, the applicable law, and the available insurance coverage.

No Victory · No Fee

You pay nothing unless we win your case.

We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

Pedestrian FAQ

California pedestrian-accident questions, answered.

Do California drivers have to yield to pedestrians in a crosswalk?
Yes. California Vehicle Code § 21950 requires drivers to yield the right-of-way to pedestrians within any marked crosswalk or any unmarked crosswalk at an intersection. The same statute also requires drivers to exercise due care for the safety of any pedestrian - even if the pedestrian is outside a crosswalk.
What if I was hit while jaywalking?
The Freedom To Walk Act (AB 2147, effective 2023) decriminalized safe mid-block crossings in California. Even before that, jaywalking did not automatically bar recovery. California uses pure comparative negligence (CACI 405), so you can still recover damages even if you share a portion of the fault.
How long do I have to file a pedestrian-accident claim in California?
Two years from the date of the collision under CCP § 335.1. If a public entity is involved - a city-owned vehicle, a dangerous public crosswalk, a missing signal - you need to serve a notice of claim within six months under Gov. Code § 911.2.
I was hit in a parking lot. Does the same law apply?
Yes. Most parking lots qualify as 'highways' for Vehicle Code purposes, and the driver's duty of care still applies. Private-property owners can also be liable for dangerous design (poor lighting, bad sight lines, missing speed humps) under premises-liability law (Civ. Code § 1714).
The driver fled the scene - what now?
A hit-and-run is a felony in California (Veh. Code § 20001). Even if the driver is not found, you can recover through your own uninsured / underinsured motorist (UM/UIM) coverage. California Insurance Code § 11580.2 requires insurers to offer UM/UIM coverage.
What if a child was hit?
California holds drivers to a heightened duty when children are foreseeably present (school zones, parks, residential streets). The contributory negligence of a child is judged against the standard of a child of similar age and maturity - not an adult. The statute of limitations is tolled until age 18, plus two years (CCP § 352).
What kinds of compensation can I recover after a pedestrian crash?
Economic damages (medical bills past and future, lost wages, lost earning capacity, life-care plan for catastrophic injuries) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement). Civ. Code § 3333 governs. Past results do not guarantee a similar outcome.
How much does it cost to hire a Devoted pedestrian-accident attorney?
We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.
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