You were walking, and a driver hit you. Maybe you were in a crosswalk, maybe you were halfway across a street with no lines at all. Now you are hurt, the driver's insurer is calling, and you want to know where you stand.
The short answer
California law gives pedestrians strong protection, inside and outside crosswalks. Drivers must yield to you in any crosswalk, marked or unmarked, and every driver must drive at a safe speed and watch for people on foot. If you were partly at fault, your claim is reduced by your share, not erased. The driver's liability insurance pays first. If the driver had no insurance, too little, or drove away, your own auto policy may cover you even though you were walking.
Do pedestrians always have the right of way in California?
Not always, but more often than drivers think.
The core rule is Vehicle Code 21950. In plain words, it says drivers must yield to a pedestrian crossing in a marked crosswalk or in an unmarked crosswalk at an intersection, and must slow down and take care around anyone in a crosswalk. The same law also tells pedestrians not to step suddenly off the curb into the path of a car so close that the driver cannot stop.
The right of way is real, and it puts most of the burden on the person driving a two-ton machine.
What counts as an unmarked crosswalk?
This is the part most people get wrong, including some adjusters.
In California, almost every intersection has a crosswalk, whether or not anyone painted lines on it. Where sidewalks meet at a corner, the crosswalk is the imaginary extension of those sidewalks across the street. If you were crossing at a corner with no painted lines, you may still have been in a legal crosswalk, and the driver still had to yield.
When the insurer says "there was no crosswalk," ask them which corner they mean. Photographs of the intersection, taken soon after the crash, usually settle it.
What if I was crossing in the middle of the block?
You can still have a claim.
When you cross outside a crosswalk, the law generally asks you to yield to cars. But drivers do not get a free pass. Every driver must still drive at a speed that is safe for conditions, keep a lookout, and try to avoid hitting a person they can see. A driver who was speeding, texting, or running a light can be largely at fault even if you were mid-block.
California also changed its jaywalking rules in 2023. Under the Freedom to Walk Act, an officer generally cannot cite a pedestrian for crossing outside a crosswalk unless there was an immediate danger of a crash. That law is about tickets, not civil fault.
How is fault split between me and the driver?
California uses pure comparative fault. If you were 20 percent at fault and the driver 80 percent, your recovery is reduced by 20 percent. If you were mostly at fault, you can still recover the driver's share.
Insurers know this, so they push your share up: dark clothes, your phone, stepping out between parked cars. Some of that may matter. Much of it fades once you look at the driver's speed, lighting, sight lines, and attention. Our guide to being partly at fault in California walks through how that math works.
Whose insurance pays when a pedestrian is hit?
Think in layers.
- The driver's auto liability insurance. This is the main source. California's minimum limits are $30,000 per person, $60,000 per accident, and $15,000 for property since 2025. Many drivers carry only the minimum.
- Your own uninsured and underinsured motorist coverage. If you own a car or live with a relative who does, that policy often protects you as a pedestrian. It can apply when the driver had no insurance, not enough insurance, or fled.
- Your own medical payments coverage. Many auto policies pay medical bills for household members hurt on foot, regardless of fault.
- Health insurance or Medi-Cal. They pay bills now and may ask to be repaid from any later recovery.
If a rideshare driver hit you while on a ride, a $1,000,000 liability policy may apply. If a city bus or other government vehicle hit you, a special six-month claim deadline applies, explained below.
What if the driver drove away?
Call 911 and give every detail you can remember: color, make, plate letters, direction of travel, damage. Ask nearby businesses and neighbors for camera footage that same day, before it records over.
To use your uninsured motorist coverage after a hit-and-run, California generally requires a report to the police within 24 hours and notice to your own insurer within 30 days. A family member can make those calls if you are in the hospital.
What injuries are common, and why does early care matter?
Pedestrians take the full force of the car: broken legs and hips, pelvic fractures, head and spinal injuries. Concussions and internal injuries can look small at first. Get checked the same day, follow every referral, and keep every record. Gaps in treatment are the first thing an adjuster points to.
What evidence should I gather?
- The police report number and the officer's name.
- Photos of the scene: the corner or crosswalk, signals, lighting, parked cars, and skid marks.
- Witness names and phone numbers.
- Camera footage from doorbells, businesses, buses, and the driver's dash cam, if any.
- Your clothes and shoes, unwashed.
- Photos of your injuries over the following weeks.
Do not give the driver's insurer a recorded statement before you understand your rights. Our guide on recorded statements to adjusters explains why.
Whether you were hit in Los Angeles, Fresno, or a small town on Highway 99, our pedestrian accident lawyers can deal with the insurers while you heal. A free case review takes a few minutes, and there is no fee unless we win.
How long do I have to file?
Most injury claims in California must be filed in court within two years of the crash under Code of Civil Procedure 335.1. If a government vehicle or a dangerous public street was involved, a written claim to the agency is usually due within six months. Our guide to the six-month government claim deadline covers that trap. If you speak Spanish, our guía para peatones covers the same rights in Spanish.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.