Being hit by a car while walking is sudden and disorienting. One moment you are crossing Brand Boulevard, Foothill Boulevard, or any other California street; the next you are on the pavement dealing with pain, traffic, and questions from drivers and police. What you do in the minutes and days afterward can shape both your recovery and any claim that follows.

This guide covers practical next steps after a pedestrian accident in California, how Vehicle Code right-of-way rules work at crosswalks and elsewhere, the two-year statute of limitations, and the pushback injured walkers often get from insurers. For a broader overview of these claims, see our pedestrian accidents page.

First Priorities at the Scene

Get medical care immediately. Pedestrian collisions often involve more force than people expect. Fractures, head injuries, internal injuries, and soft-tissue damage are not always obvious while adrenaline is high. Call 911. Let paramedics evaluate you. If you refuse transport, see a doctor the same day or as soon as you can, and keep every record, imaging report, and bill.

Stay as safe as you can. If you can move without worsening an injury, get out of active lanes. Do not chase the driver or argue in the roadway. Your health comes first.

Call the police and get a report. Ask for the responding agency’s report number. Note the officer’s name and badge number. A crash report is not the final word on fault, but it is often an early piece of the record insurers and lawyers rely on.

Identify the driver and vehicle. Get the driver’s name, phone number, license plate, and insurance information. Photograph the vehicle’s make, model, plate, and any damage. If the driver leaves, write down what you remember as soon as you can—direction of travel, color, partial plate, time of day.

Document the scene. Photos and short videos of the crosswalk or road, traffic signals, lighting, skid marks, debris, your injuries, and damaged clothing or belongings preserve details that fade quickly. Capture street signs and nearby landmarks so the location is clear later.

Find witnesses. Other drivers, pedestrians, and nearby workers often see more than you do in the moment. Get names and phone numbers. Note nearby businesses or traffic cameras that might have footage—video is frequently overwritten within days.

Be careful what you say. Be polite and stick to facts. Do not apologize, guess about fault, or agree that you “came out of nowhere.” Avoid a recorded statement to any insurer until you understand your rights. Casual comments get replayed as admissions.

These steps do not create a claim by themselves. They preserve the facts California car accident and pedestrian claims actually turn on: where you were walking, what the driver did, and what your injuries required.

California Crosswalk and Right-of-Way Rules

California does not treat every pedestrian collision the same way. Location matters.

Under Vehicle Code section 21950, a driver must yield the right-of-way to a pedestrian crossing within a marked crosswalk or within an unmarked crosswalk at an intersection. The same statute requires the driver approaching a pedestrian in such a crosswalk to exercise due care and to reduce speed or take other action as needed to safeguard the pedestrian. Pedestrians still must use due care: they may not suddenly leave a curb into the path of a vehicle so close that it creates an immediate hazard, and they may not unnecessarily stop or delay traffic in a crosswalk.

Outside a marked crosswalk or unmarked intersection crosswalk, Vehicle Code section 21954 generally requires the pedestrian to yield to vehicles so near as to constitute an immediate hazard. That section also states that it does not relieve drivers of their duty to exercise due care for any pedestrian on the roadway.

In short: crosswalk status affects right-of-way, but it does not erase a driver’s duty of care—or a pedestrian’s. Fault is decided on the specific facts: speed, attention, signal timing, visibility, distraction, impairment, and whether either person failed to use reasonable care.

California also follows pure comparative negligence. If a jury finds you partly at fault, your recovery can be reduced by that percentage, but partial fault does not automatically bar a claim. That is why photos, the police report, medical records, and witness accounts matter when an insurer argues you “should not have been in the street.”

Common Insurer Pushback After a Pedestrian Hit

Insurers for the driver—and sometimes your own carrier—often recycle familiar themes:

  • “You were not in a crosswalk.”
  • “You stepped out too quickly.”
  • “The driver never saw you, so it was unavoidable.”
  • “Your injuries are from a prior condition.”
  • “Treatment was delayed, so it cannot be serious.”
  • “Accept this quick offer before the medical picture is clear.”

A fast check that ignores future treatment, wage loss, or lasting limitations is not a favor. It is a risk transfer. Do not sign broad releases or give recorded statements without understanding what you are giving away.

If your own insurer unreasonably delays or denies a covered benefit—such as medical payments or underinsured motorist coverage—California also recognizes insurance bad faith claims in appropriate cases. The at-fault driver’s liability insurer and your own carrier are different relationships; one company’s position does not speak for the other.

How Long Do You Have to File?

For most private personal injury claims in California, including claims by pedestrians injured by negligent drivers, the statute of limitations is two years from the date of injury. That deadline is in Code of Civil Procedure section 335.1.

Two years sounds long until medical care, wage loss, and insurer negotiations eat the calendar. Evidence goes cold faster than the filing deadline: traffic video is overwritten, witnesses move, and the intersection looks nothing like it did on the day you were hit. Claims involving a public entity (for example, certain government vehicles or roadway issues) can involve much shorter government-claim deadlines—so do not assume every pedestrian case follows the same clock.

Waiting until you “feel better” before talking to a lawyer is a common way people lose leverage, not a strategy.

Glendale, La Cañada, and Pedestrian Claims Across California

Advo Law, APC is based in Glendale and La Cañada Flintridge and represents injured people statewide in California. Whether you were struck in a marked crosswalk near Brand Boulevard, along Foothill Boulevard, or elsewhere in Los Angeles County or beyond, the core questions are the same: Did the driver fail to yield or use due care? Where were you crossing? What were your injuries and losses?

If you want a Glendale personal injury lawyer to review what happened, gather the right records, and deal with the insurer, we take these cases on contingency. That means our fee comes from a recovery—not an upfront bill for investigating the crash. Related practice pages include our pedestrian accidents and car accident lawyer overviews.

Talk With Advo Law After a Pedestrian Accident

A pedestrian accident is not “just bad luck” when a driver fails to yield, speeds, looks at a phone, or otherwise fails to watch for people on foot. Protect your health, preserve the evidence, and get clear advice before you give a recorded statement or accept a quick check that ignores future treatment.

Contact Advo Law, APC
Phone: (800) 808-4613
Contact page

Glendale: 111 E. Broadway, Suite 210, Glendale, CA 91205
La Cañada Flintridge: 1433 Foothill Blvd., Suite 207, La Cañada Flintridge, CA 91011

Contingency fee representation. Statewide California.

This article is general information about California law, not legal advice about your specific situation. Reading it does not create an attorney-client relationship. Attorney advertising.