You Were Hit by a Vehicle as a Pedestrian in California. California Law Protects You — Even If You Shared Some Fault.

Pedestrian Accidents Under California Law

Pedestrians struck by vehicles in California have significant legal protections. Vehicle Code § 21950 imposes an absolute yield duty on drivers at both marked and unmarked crosswalks, violation of which constitutes negligence per se. California's pure comparative fault means even a pedestrian who crossed against a signal retains the right to recover damages.

California Vehicle Code § 21950(a) requires every driver to yield the right of way to pedestrians crossing within any marked crosswalk or within any unmarked crosswalk at an intersection. Violation of this duty is negligence per se under Evidence Code § 669 — the statutory violation itself establishes duty and breach without further proof of unreasonable conduct. Outside crosswalks, § 21954 requires pedestrians to yield to vehicles but imposes an independent duty on drivers to exercise due care for pedestrian safety regardless of where the pedestrian is crossing.

When a pedestrian accident occurs at a poorly maintained intersection, a defective crosswalk signal, inadequate lighting, or a road design defect, a Government Code § 835 dangerous condition of public property claim against the responsible government entity supplements the driver negligence claim. The Government Claims Act requires an administrative claim within six months — simultaneously with the two-year civil limitations period.

Uninsured motorist coverage under California Insurance Code § 11580.2 extends to pedestrians struck by uninsured drivers — pedestrians are not required to have been in a vehicle to access their own UM coverage. This is significant given California’s elevated uninsured driver rates.

What to Do After a Pedestrian Accident in California

Pedestrian accident injuries are frequently severe. These steps preserve critical evidence and protect the legal claim.

1. Call 911. Law enforcement responds to pedestrian injury accidents and prepares a Traffic Collision Report documenting the Vehicle Code violations, pedestrian location, and witness information.
2. Photograph the scene immediately. Crosswalk markings (or their absence), traffic signal state, vehicle position, skid marks, and all visible injuries.
3. Collect the driver’s complete information. Name, license, plate, insurance carrier and policy number. If the driver fled, photograph or memorize the vehicle before it leaves.
4. Identify witnesses. Names and phone numbers of anyone who observed the collision or the conditions at the intersection.
5. Seek emergency medical treatment. Pedestrian-vehicle collisions produce severe injury profiles. Emergency records document mechanism and severity.
6. Check for government property involvement. Defective crosswalk signal, inadequate lighting, or absent crosswalk markings on a government-maintained street may support a § 835 claim — requiring a six-month administrative filing.
7. Check your UM/UIM coverage. If the driver was uninsured or fled, UM coverage under Insurance Code § 11580.2 extends to pedestrians. Notify your insurer promptly.

Your Rights After a Pedestrian Accident in California

The right to recover under pure comparative fault

California’s pure comparative fault applies fully to pedestrian accident cases. A pedestrian who crossed outside a crosswalk or against a signal may be assigned comparative fault — but recovery is reduced proportionally, not eliminated. California Vehicle Code § 21954’s requirement that drivers exercise due care for pedestrian safety regardless of the pedestrian’s crossing location means drivers cannot escape liability entirely simply by arguing the pedestrian was not in a crosswalk.

The right to UM coverage as a pedestrian

California Insurance Code § 11580.2 extends uninsured motorist coverage to pedestrians struck by uninsured drivers. A pedestrian who carries their own auto insurance policy with UM coverage can access that policy regardless of whether they were in a vehicle at the time of the collision. For hit-and-run accidents, UM coverage requires physical contact between the vehicle and the pedestrian plus law enforcement notification within 24 hours.

The right to government entity claims for dangerous road conditions

When a defective crosswalk signal, inadequate lighting, absent crosswalk markings, or other government-maintained infrastructure contributed to the collision, Government Code § 835 provides a cause of action against the responsible public entity. The Government Claims Act requires a written administrative claim within six months of the incident — a jurisdictional prerequisite that runs simultaneously with the two-year civil limitations period.

How Fault Is Determined in California Pedestrian Accident Cases

Pedestrian accident fault analysis applies California’s pure comparative fault framework. When a driver violates Vehicle Code § 21950 by failing to yield in a crosswalk, that violation is negligence per se — duty and breach are established by the statutory violation without further proof. The pedestrian still must prove causation and damages.

Outside crosswalks, the fault analysis is more nuanced. Vehicle Code § 21954 requires pedestrians to yield to approaching traffic when crossing outside a marked or unmarked crosswalk — but the same statute imposes an independent duty on drivers to exercise due care for pedestrian safety. A driver who strikes a jaywalking pedestrian has not automatically been absolved; the driver’s failure to see the pedestrian in time to brake or swerve may itself be negligent depending on the visibility and speed involved.

Government entity fault for infrastructure defects requires proof under Government Code § 835 that: the property was in a dangerous condition; the condition created a substantial risk of the type of injury sustained; the entity had actual or constructive notice of the condition; and the entity had sufficient time to protect against it. Prior complaints to 311, maintenance records, and accident history at the same intersection establish constructive notice.

Insurance Considerations in California Pedestrian Accident Cases

The at-fault driver’s liability insurance is the primary recovery source in pedestrian accident cases. Updated minimums of $30,000/$60,000/$15,000 (effective January 1, 2025) frequently prove inadequate for serious pedestrian injuries. Pedestrian-vehicle collisions commonly produce traumatic brain injury, spinal cord injury, and multiple fractures — damages that quickly exceed minimum policy limits.

When the at-fault driver is uninsured or underinsured, the pedestrian’s own UM/UIM coverage under Insurance Code § 11580.2 is the primary alternative recovery source. Pedestrians are explicitly covered by UM/UIM in their own auto policies — the coverage applies to the person, not the vehicle. A pedestrian who was struck while on foot can access their own policy’s UM limits.

When a government entity contributed to the accident through a dangerous road condition, the entity’s liability is governed by Government Code § 835 and subject to the Government Claims Act’s six-month administrative filing requirement. Government entities in California are typically self-insured or carry excess coverage through pooled liability programs.

Evidence That Matters in Pedestrian Accident Cases

• Traffic Collision Report. Documents Vehicle Code violations, pedestrian location, witness information, and the officer’s preliminary fault findings.
• Scene photographs. Crosswalk markings and condition, signal state at the time of impact, vehicle stopping distance, skid marks, and visibility conditions.
• Surveillance camera footage. From nearby businesses, traffic cameras, and residential security cameras — often captures the exact moment of impact and the pedestrian’s crossing behavior.
• Government infrastructure records. Prior maintenance records, 311 complaints about the same intersection, and traffic engineering reports documenting the signal timing and pedestrian phase duration.
• Accident history at the intersection. Prior pedestrian-vehicle collisions at the same location establish the government entity’s constructive notice of the dangerous condition.
• Medical records. Emergency records documenting the mechanism (vehicle-pedestrian collision), the specific injuries, and the treatment required.
• Witness statements. Independent witnesses are particularly valuable in pedestrian cases where the driver and pedestrian often have conflicting accounts of the crossing location.