When a car hits someone on foot, the injuries are often severe and the driver’s insurer may try to blame the person walking. A pedestrian accident lawyer can show what the driver owed you under California law and pursue compensation for your injuries. Abramson Labor Group represents pedestrians hurt by cars, trucks, and buses across California. Our case reviews are free and confidential, and we work on contingency.
Drivers must yield to people in crosswalks. Under Vehicle Code section 21950, a driver “shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” A driver approaching a pedestrian in a crosswalk “shall exercise all due care and shall reduce the speed of the vehicle” or take other action to protect them.
Pedestrians have duties too. Section 21950(b) says “No pedestrian may suddenly leave a curb or other place of safety” and walk into the path of a car that is too close to stop.
| Situation | The rule | Source |
|---|---|---|
| Walking in a marked or unmarked crosswalk at an intersection | Drivers must yield to you | Vehicle Code 21950(a) |
| Crossing outside a crosswalk | You must yield to nearby vehicles, but the driver must still use due care for your safety | Vehicle Code 21954 |
| Blind pedestrian with a white cane or guide dog | Has the right of way | Vehicle Code 21963 |
You may still have a claim. A pedestrian outside a crosswalk must yield to vehicles close enough to be a hazard, but that rule “shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian” (Vehicle Code section 21954(b)).
California also limits jaywalking stops. An officer generally may not stop a pedestrian for crossing mid-block unless “a reasonably careful person would realize there is an immediate danger of a collision” (Vehicle Code section 21955(b)).
You can still recover. In Li v. Yellow Cab Co. (1975), the California Supreme Court held that a person’s own negligence “shall not bar recovery.” Your damages are reduced by your share of the fault. A driver who was speeding, distracted, or failed to look can still carry most of the blame.
| Type of claim | General deadline | Source |
|---|---|---|
| Lawsuit for your injuries, or for a death | 2 years | Code of Civil Procedure 335.1 |
| Claim against a city, county, or state agency for injury | 6 months (written claim to the agency) | Government Code 911.2 |
| Injured child | Time before age 18 generally does not count | Code of Civil Procedure 352 |
A city bus, a government vehicle, or a dangerous street design can bring in the 6-month rule. If you were hurt, consider speaking with a pedestrian accident lawyer early.
Get medical care first. If you can, get the driver’s name, plate, and insurance, and the names of witnesses. Photograph the scene, the crosswalk or signals, and your injuries. The driver must report an injury crash to the CHP or local police within 24 hours (Vehicle Code section 20008), so ask for the report number.
If the driver left the scene, report it right away. Your own uninsured motorist coverage may help in a hit-and-run if you have auto insurance. Before you give a recorded statement or sign anything, consider speaking with a lawyer.
California law measures damages as “the amount which will compensate for all the detriment proximately caused” by the wrongful conduct (Civil Code section 3333). That can include medical bills, future care, lost wages, and pain and suffering.
Pedestrians are often thrown to the ground and can suffer serious harm, including brain injuries. When a crash takes a life, certain family members can bring a wrongful death claim. Our article on who can file a wrongful death claim in California explains who qualifies.
If you were hurt by a broken sidewalk or other hazard rather than a vehicle, see our page on slip, trip, and fall accidents.
We also represent people hurt in car accidents, truck accidents, bus accidents, and motorcycle accidents. See all of our practice areas, or read our personal injury FAQ.
We represent pedestrians hurt in Los Angeles, Burbank, Glendale, Pasadena, and throughout California from our Burbank office.
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees.
Possibly. You must yield to nearby vehicles outside a crosswalk, but the driver still must use “due care for the safety of any pedestrian” (Vehicle Code section 21954). Any share of fault you carry reduces your award but does not bar it.
If you have auto insurance, your own uninsured motorist coverage may pay for your injuries. California auto policies include it unless it was removed in writing (Insurance Code section 11580.2).
You do not have to. Early offers often come before the full cost of your treatment is known. Have the offer, and any release you are asked to sign, reviewed before you agree.
If you were hit while walking, we can review what happened and explain your options. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California attorney.
Abramson Labor Group offers 100% risk free case evaluations. Fill out the form below or call us today!
Prefer to talk? (213) 493-6300
1700 W Burbank Blvd, Burbank, CA 91506