What to Do After a Pedestrian Accident in California
Being struck by a vehicle can leave you hurt, frightened, and unsure what to do first. Move to safety, call 911, get medical care, document the scene, and protect evidence. If an adjuster contacts you, do not give a recorded statement or accept a settlement before you understand your injuries and legal options.
Key Takeaways
- You should immediately move to a safe location and contact emergency services to report the incident.
- Seeking prompt medical attention is necessary to address any injuries and create official records.
- Documenting the accident scene and preserving evidence will support your future claim.
- Avoid providing recorded statements or accepting settlement offers until you fully understand your legal rights.
Yes, you should take immediate steps to protect your health and claim after a California pedestrian accident. Call 911, obtain medical care, identify the driver and witnesses, photograph the scene, and preserve records. California Civil Code § 335.1 generally gives you two years from the injury date to file a lawsuit. Insurance negotiations do not pause that deadline.
Deadline check: These are general rules, not a case-specific calculation. Depending on the facts, liability assessment, and insurance coverage, a different deadline or procedure may apply. Early legal review can protect evidence and prevent settlement discussions from running past the filing deadline.
This article provides general information and does not create an attorney-client relationship. Every case is unique. Depending on the specifics of your case, liability assessment, and insurance coverage, your options may differ.
What should you do after a pedestrian accident in California?
Protect your safety first, call 911, obtain medical care, and preserve evidence. Get the driver’s information, identify witnesses, photograph the intersection and injuries, and avoid discussing fault. These steps create a record while roadway conditions, video, vehicle damage, and symptoms may still change.
- Get out of danger if you can. Move away from traffic only when doing so will not worsen your injuries. If you cannot move, wait for emergency responders.
- Call 911. Request police and medical assistance. Ask officers to document the collision, roadway conditions, statements, and any citation.
- Record identifying information. Note the driver’s name, contact information, license number, insurance carrier, policy details, license plate, and vehicle description.
- Identify witnesses. Ask for names and phone numbers. Write down what each person saw without suggesting an answer.
- Photograph the scene. Capture the crosswalk, traffic signals, signs, lighting, lane markings, sidewalk, weather, debris, vehicle damage, clothing, and visible injuries.
- Get medical evaluation. Tell the provider about headache, dizziness, confusion, neck pain, back pain, numbness, weakness, sleep problems, and other symptoms. Follow medical guidance if symptoms appear or worsen later.
California Vehicle Code § 21950 addresses pedestrian right-of-way in marked and unmarked crosswalks. For more information, review California crosswalk laws and pedestrian right-of-way. A pedestrian’s right-of-way does not eliminate the duty to use reasonable care, and a driver’s responsibility depends on the facts. Speed, visibility, turning movements, distraction, impairment, and roadway design may matter. California Civil Code § 1714 provides the general negligence standard: a person may be responsible for harm caused by failing to use reasonable care.
If the driver leaves, report the hit-and-run immediately. California Vehicle Code § 20001 requires a driver involved in an injury collision to stop and provide reasonable assistance. Nearby businesses, residences, schools, and traffic systems may hold video. Retention periods vary, so prompt preservation requests may be appropriate.
How can you protect evidence after a pedestrian collision?
Preserve facts before they disappear. Save the police report, emergency records, discharge papers, prescriptions, bills, wage records, damaged belongings, insurer messages, and photographs. A daily symptom log can show how pain, restricted movement, anxiety, or missed work affects ordinary life.
Do not guess about the vehicle’s speed, your distance from the crosswalk, or who had the signal. Do not apologize, delete social-media posts, sign broad medical authorizations, or provide a recorded statement before receiving advice. Be truthful, but remember that an adjuster’s questions may be used to narrow the claim or assign you fault.
California applies pure comparative negligence. If a jury finds that a pedestrian bears some responsibility, the damages award may be reduced in proportion to that responsibility. California Civil Code § 1714 supplies the general negligence framework. Evidence may include the driver’s attention, Vehicle Code violations, traffic-camera footage, vehicle damage, witness accounts, lighting, and the pedestrian’s conduct.
Medical treatment should follow recommendations from qualified providers, not an insurer’s preferred timeline. A gap in care can become an argument about causation, while unnecessary treatment can create a different dispute. Tell providers about prior injuries and every new symptom. For information about potential head trauma, see the California brain injury lawyer resource.
What deadlines apply to a California pedestrian accident claim?
A California personal injury lawsuit generally must be filed within two years of the injury under Civil Code § 335.1. Insurance discussions do not stop that clock. If a city, county, or other public entity may be responsible for a sidewalk, signal, roadway, or maintenance condition, Government Code § 911.2 generally requires an administrative claim within six months.
California deadline framework:
- Claim type: Personal injury caused by a pedestrian collision.
- Code section: California Civil Code § 335.1.
- Filing deadline: Generally two years from the injury date.
- Recovery focus: Medical expenses, lost income, future care, pain, and daily limitations, depending on the specifics of your case, liability assessment, and insurance coverage.
- Government defendant: Government Code § 911.2 generally requires an administrative claim within six months.
The discovery rule, minority tolling, a defendant’s absence from California, and other facts can affect the deadline. An attorney may also send preservation requests for business surveillance, doorbell video, traffic footage, vehicle data, and witness information. Understanding how a contingency fee compares with an hourly rate may also help when evaluating representation.
How can a California pedestrian accident attorney help?
A California pedestrian accident attorney can organize medical proof, investigate fault, identify insurance coverage, and communicate with carriers while you focus on treatment. The work may include reviewing the police report, obtaining video, documenting wage loss, assessing comparative fault, and evaluating damages under California Civil Code § 1714 and applicable California Civil Jury Instructions.
At Bobby Shamuilian California Personal Injury Attorney at Law, the investigation depends on the facts and services agreed upon. The firm represents injured people in Rancho Cucamonga, San Bernardino County, Riverside County, and throughout California. A claim may involve a driver’s insurance, uninsured or underinsured motorist coverage, commercial policies, or a possible government-entity claim.
Do not assume the first settlement offer reflects the full claim. Future medical care, lost earning capacity, pain, scarring, and daily limitations may require additional documentation. Every case is unique. This is a general framework. To get a specific strategy for your situation, contact us for a case review.
References
Frequently Asked Questions
What if a truck or commercial vehicle struck me?
Commercial claims may involve company policies, driver records, maintenance files, electronic data, and broader insurance coverage. The California Truck Accident Lawyer resource explains those issues. Contact counsel before giving an insurer a recorded statement or signing a release.
Should I go to the hospital if I do not feel hurt?
Yes, prompt medical evaluation is a sound precaution after a vehicle impact. Some symptoms may not be immediately apparent, and some injuries may become noticeable later. Tell the provider about the collision and follow discharge instructions.
Do I need to call the police after being hit by a car?
Call 911 when the collision causes injury, presents a safety risk, or involves a driver who leaves the scene. Police can arrange emergency care, identify the motorist, interview witnesses, and document roadway conditions.
What information should I collect at the scene?
When your condition permits, obtain the driver’s name, phone number, license plate, vehicle description, insurance carrier, and policy information. Ask witnesses for their names and contact details. Photograph traffic signals, crosswalk markings, signs, lighting, vehicle damage, clothing, and visible injuries.
What should I say to the insurance company?
Provide basic identifying information and confirm that you received medical care, but avoid a recorded statement before receiving legal advice. Answer truthfully, without guessing. Do not sign a release or accept payment before the extent of your losses is known.
