California Pedestrian Accident Lawyer

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Short answer: in California, a driver must yield to a pedestrian in any crosswalk, marked or unmarked, and must use due care for every pedestrian in the roadway, even one crossing where they should not. Since January 1, 2023, the Freedom to Walk Act has limited when police can stop a pedestrian for “jaywalking,” but it did not change the fault rules in an injury case. If you were hit by a car, you generally have two years to sue the driver and only six months to file a claim if a city or county road defect contributed. Abdi & Associates, Inc. helps individuals injured in pedestrian accidents throughout California. Free consultation, 24/7, English and Spanish: (888) 772-2529. No fee unless you recover.

California pedestrian right-of-way law, in plain English

Drivers must yield in every crosswalk, including unmarked ones

Vehicle Code section 21950(a) requires a driver to yield the right-of-way to a pedestrian crossing “within any marked crosswalk or within any unmarked crosswalk at an intersection.” Subdivision (c) goes further: a driver approaching a pedestrian in a crosswalk “shall exercise all due care and shall reduce the speed of the vehicle or take any other action” necessary to protect the pedestrian. A crosswalk exists at every intersection where sidewalks meet the road, whether or not lines are painted, unless a sign prohibits crossing there (Veh. Code § 275). “There was no crosswalk” is one of the most common and most wrong things drivers and adjusters say.

Other rules that decide fault

No passing a stopped vehicle at a crosswalk. When a car is stopped at a crosswalk to let someone cross, the driver behind may not pass it (Veh. Code § 21951). This is how many crosswalk collisions happen.
Turning drivers must yield. A driver turning right on a red light must first stop and yield to pedestrians lawfully in the crosswalk (Veh. Code § 21453(b)); a driver turning on a green light must yield to pedestrians in the crosswalk (Veh. Code § 21451(a)).
Pedestrian signals. A pedestrian may enter the crosswalk on WALK, and may also start crossing on a flashing signal with a countdown as long as they finish before the steady DON’T WALK (Veh. Code § 21456). Insurers still argue that anyone who stepped off on a flashing hand was at fault; the statute says otherwise.
Speed. The basic speed law requires a speed that is safe for conditions, including pedestrians present, regardless of the posted limit (Veh. Code § 22350).
Sidewalks and driveways. A driver crossing a sidewalk to enter or leave a driveway or alley must yield to pedestrians on the sidewalk (Veh. Code § 21952).
Outside a crosswalk. A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles close enough to be an immediate hazard, but the same section says this “shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway” (Veh. Code § 21954).
Pedestrian duties. Pedestrians must use due care, may not suddenly leave a curb into the path of a vehicle that is an immediate hazard, and may not unnecessarily stop or delay traffic in a crosswalk (Veh. Code § 21950(b)). Where there is no sidewalk outside a business or residential district, pedestrians should walk on the left, facing traffic (Veh. Code § 21956).

The Freedom to Walk Act (AB 2147): what actually changed

Many websites still describe California “jaywalking” law as it stood before 2023. Here is the current rule.

Before 2023, police could cite a pedestrian for crossing outside a crosswalk between signalized intersections (Veh. Code § 21955) or for failing to yield outside a crosswalk (Veh. Code § 21954) any time the pedestrian did so, and those citations were used against injured pedestrians in claims.
Since January 1, 2023, AB 2147 amended both sections so that a peace officer “shall not stop a pedestrian” for those violations “unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power” (Veh. Code §§ 21954(c), 21955(b)). Crossing mid-block when the road is clear is no longer something you can be stopped or ticketed for.
What did not change. The amended statutes say in the same breath that they do not relieve a pedestrian “from the duty of using due care for their safety” and do not relieve a driver “from the duty of exercising due care for the safety of any pedestrian within the roadway.” In an injury case, a jury still decides whether each side used reasonable care. Crossing mid-block can still be argued as comparative fault; it is simply no longer presumed to be a violation, and the absence of a citation cannot be turned into proof that the pedestrian was at fault.

The practical effect: insurers can no longer point to a jaywalking ticket to deny a claim, and the driver’s own duty of care is front and center. Whether you were in a crosswalk or not, the questions are the driver’s speed, attention, visibility, and whether the driver could have seen and avoided you.

Comparative fault: how insurers use it against pedestrians, and the answer

California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If a jury finds a pedestrian partly at fault, the award is reduced by that percentage, but not eliminated, even at more than 50 percent fault. Insurers therefore argue fault aggressively: the pedestrian was outside the crosswalk, wearing dark clothing, looking at a phone, crossed against the signal, had been drinking, or “came out of nowhere.” The response is evidence: the driver’s speed and stopping distance, phone records, whether the driver was turning without looking, the lighting and sight lines at the location, vehicle event data, and video from nearby cameras. A driver who is looking will see a pedestrian in the road in most situations; “I never saw them” is usually an admission of inattention, not a defense. One rule that does not apply to pedestrians: Proposition 213 (Civ. Code § 3333.4), which limits damages for uninsured drivers, does not restrict an injured pedestrian’s recovery.

Hit-and-run pedestrian accidents

A driver involved in a collision that injures someone must stop, provide identification, and render reasonable assistance; leaving is a crime that can be charged as a felony (Veh. Code § 20001). Pedestrian collisions are frequently hit-and-runs, and the driver is often never identified. You may still have a source of recovery:

Uninsured motorist (UM) coverage. If you or a relative you live with has a California auto policy, its UM coverage generally applies to you as a pedestrian, not just as a driver or passenger. For a hit-and-run, the statute requires that there was physical contact between the vehicle and you, that the accident was reported to police or the CHP within 24 hours, and that a sworn statement be given to the insurer within 30 days (Ins. Code § 11580.2(b)). Report the crash immediately for this reason alone.
Identifying the driver. Traffic and business cameras, doorbell cameras, license-plate readers, paint transfer and debris, witness partial plates, and body-shop reports identify many hit-and-run drivers when the investigation starts quickly.
Medical payments coverage and health insurance pay treatment in the meantime.
The California Victim Compensation Board can help with certain out-of-pocket losses for victims of hit-and-run and other crimes when no other source pays.

Dangerous crossings: claims against a city, county, or Caltrans

Some pedestrian collisions are caused or made worse by the crossing itself: a marked crosswalk with no lighting on a high-speed road, a missing or malfunctioning signal, a crosswalk removed without a safe alternative, obstructed sight lines, or an unreasonably long crossing with no refuge. A public entity can be liable for a dangerous condition of public property that it knew or should have known about (Gov. Code § 835). These claims have two special features: a written government claim must be presented within six months of the injury (Gov. Code § 911.2), and the entity may assert “design immunity” for a crossing built to an approved plan (Gov. Code § 830.6), which makes the collision history at that location and any changed conditions important evidence. Prior crashes at the same crossing are often available through public records requests and the Statewide Integrated Traffic Records System.

Why pedestrian injuries are treated as serious cases

A pedestrian has no protection at all. Even a low-speed impact typically produces two collisions, the vehicle strike and the fall to pavement, and injuries commonly include traumatic brain injury, skull and facial fractures, spinal cord injury, pelvic and leg fractures from bumper impact, internal injuries, degloving and road rash, and, for older adults, hip fractures with long recoveries. Older adults are especially vulnerable, and children are harder for drivers to see. Because the injuries are severe and the medical needs long-term, these claims are usually valued on future care and lost earning capacity, not just the bills to date.

Evidence in a pedestrian case

The police or CHP collision report and any body-camera footage of the driver’s statements at the scene
Video from traffic cameras, transit buses, businesses, and residential doorbell cameras, which often overwrite within days
The vehicle’s event data recorder (speed, braking, throttle in the seconds before impact)
The driver’s cell phone records
Scene measurements: skid or yaw marks, point of impact, throw distance, and sight-line obstructions
Lighting conditions, signal timing records, and the roadway’s collision history
Witness statements, your clothing and belongings, and complete medical records

A written preservation request to the driver’s insurer and to any camera owner should go out immediately; if evidence is destroyed after notice, the jury may infer it was unfavorable (Evid. Code § 413; CACI No. 204).

Where the money comes from

The driver’s liability insurance. California’s required minimums are low ($30,000 per person and $60,000 per accident for bodily injury for policies issued or renewed on or after January 1, 2025), so serious injuries often exceed the at-fault driver’s policy.
Your own or a household member’s UM/UIM coverage, which applies when the driver is uninsured, underinsured, or unidentified, and covers you as a pedestrian.
The driver’s employer if the driver was working, including delivery and rideshare companies, which carry larger commercial policies.
A public entity for a dangerous crossing, subject to the six-month claim rule.
Health insurance, Medi-Cal, and Medicare pay treatment first and assert liens against the recovery that must be resolved before settlement.

Damages in a California pedestrian accident case

Economic damages: past and future medical care, rehabilitation, assistive equipment, lost wages and lost earning capacity, and household services
Non-economic damages: physical pain, mental suffering, emotional distress, disfigurement, loss of enjoyment of life, and loss of consortium for a spouse or registered domestic partner
Wrongful death damages for a spouse, domestic partner, children, and other qualifying heirs (Code Civ. Proc. § 377.60)
Punitive damages against a private driver whose conduct showed malice, such as a drunk or fleeing driver (Civ. Code § 3294); not available against public entities (Gov. Code § 818)

There is no cap on compensatory damages in a California pedestrian injury case. Value depends on the injuries and their permanence, the medical evidence, the effect on your work and daily life, the fault evidence, and the available coverage. We do not quote settlement ranges or “multipliers.”

Deadlines

Two years from the date of injury to file suit against a private driver (Code Civ. Proc. § 335.1), and two years from the date of death for wrongful death.
Six months to present a government claim against a city, county, or Caltrans for a dangerous crossing (Gov. Code § 911.2), with suit generally due within six months of written rejection (Gov. Code § 945.6).
24 hours to report a hit-and-run to police and 30 days to give the sworn statement to your insurer if you will rely on UM coverage (Ins. Code § 11580.2(b)).
Minors: the two-year limit against a private driver is generally tolled until age 18 (Code Civ. Proc. § 352), but the six-month government claim deadline is not, so a child’s claim against a public entity must be presented on the same short schedule.

What to do after being hit by a car in California

Call 911 and get medical care at the scene or immediately after, even if you think you are only bruised. Head and internal injuries often present later.
Make sure a police report is taken and get the report number. For a hit-and-run, the 24-hour report is essential to UM coverage.
Get the driver’s name, license, plate, and insurance, and photograph the vehicle and the scene, including the crosswalk, signals, lighting, and your injuries.
Collect witness names and phone numbers and note any cameras nearby.
Do not discuss fault at the scene or with the driver’s insurer, and do not give a recorded statement or sign a release before getting advice.
Notify your own auto insurer (or a household member’s) that you were injured as a pedestrian, to preserve UM and med-pay coverage.
Keep everything: clothing, shoes, receipts, and a diary of symptoms and limitations.
Get legal advice early, particularly if a public roadway condition may be involved, because the six-month clock is unforgiving.

How Abdi & Associates can help

Abdi & Associates, Inc. helps individuals injured in pedestrian accidents throughout California. We will review what happened, explain the right-of-way and fault rules that apply to your crossing, identify every available source of coverage including UM and public-entity claims, and make sure evidence is preserved and deadlines are met. Consultations are free and confidential, and there is no fee unless you recover. If you were hit while working, for example making deliveries or walking between job sites, you may also have a workers’ compensation claim, which we handle in-house.

Frequently asked questions

Is jaywalking legal in California now?

Not exactly. Crossing outside a crosswalk is still a Vehicle Code violation, but since January 1, 2023, police may not stop or cite a pedestrian for it unless a reasonably careful person would realize there is an immediate danger of collision (Veh. Code §§ 21954(c), 21955(b)). Drivers still owe due care to every pedestrian in the road.

Can I recover if I was hit outside a crosswalk?

Yes. Being outside a crosswalk may be argued as comparative fault, which reduces but does not eliminate recovery, and the driver’s duty to use due care applies everywhere on the roadway (Veh. Code § 21954(b)).

Does every intersection have a crosswalk?

Under Vehicle Code section 275, an unmarked crosswalk exists at every intersection where sidewalks meet the roadway at roughly right angles, unless crossing is prohibited by a posted sign. Drivers must yield in unmarked crosswalks just as in painted ones.

The driver was not cited. Does that mean I was at fault?

No. Whether an officer issued a citation is not the legal standard in a civil case. Fault is decided on the evidence under the Vehicle Code and negligence law, and many drivers who are not cited at the scene are found responsible.

I was hit by a hit-and-run driver and have no car insurance. What can I do?

Check whether any relative you live with has an auto policy; its UM coverage may cover you. Report the crash to police within 24 hours regardless. The California Victim Compensation Board may help with some expenses, and identifying the driver through cameras and physical evidence is often possible if the investigation starts immediately.

What if the crosswalk itself was dangerous?

You may have a claim against the city, county, or Caltrans for a dangerous condition of public property (Gov. Code § 835). A written claim must be presented within six months, and the entity may raise design immunity, so the crossing’s collision history and any changes in conditions matter.

Can I start crossing when the hand is flashing?

If the signal shows a countdown, yes, as long as you can finish crossing before the steady DON’T WALK appears (Veh. Code § 21456). Without a countdown, you should not start on a flashing hand.

How long do I have to file a pedestrian accident lawsuit in California?

Generally two years against a private driver (Code Civ. Proc. § 335.1), but only six months to present a claim against a public entity (Gov. Code § 911.2). Confirm your exact date with an attorney.

Do you handle pedestrian accident cases outside Los Angeles?

Yes. Abdi & Associates helps individuals with pedestrian accident claims throughout California, with consultations by phone.

Hit by a car in California? Call (888) 772-2529 for a free consultation, 24/7, in English or Spanish, or use the form below. No fee unless you recover.

Primary sources: Cal. Veh. Code §§ 275, 20001, 21451, 21453, 21456, 21950, 21951, 21952, 21954, 21955, 21956, 22350 (as amended by Stats. 2022, ch. 957 (AB 2147), effective January 1, 2023); Cal. Ins. Code § 11580.2; Cal. Gov. Code §§ 818, 830.6, 835, 911.2, 945.6; Cal. Code Civ. Proc. §§ 335.1, 352, 377.60; Cal. Civ. Code §§ 3294, 3333.4; Cal. Evid. Code § 413; CACI No. 204; Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Published: September 2, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm yours with an attorney. Past results do not guarantee future outcomes.