When a pedestrian is hit by a car, the steps taken immediately after the crash can affect the person’s health, safety, insurance claim, and legal rights. The most important things to do are to call 911, get medical care, report the accident, gather evidence, avoid giving statements to the insurance company too soon, and speak with an experienced pedestrian accident lawyer.
Pedestrian accidents often cause very serious injuries because a person walking has no protection from the force of a moving vehicle. Even a low-speed crash can cause broken bones, head injuries, spinal injuries, internal injuries, knee injuries, hip fractures, and long-term pain.
At The Hassell Law Group, our experienced San Francisco pedestrian accident lawyers represent injured pedestrians throughout San Francisco and the Bay Area. We help clients protect their rights, deal with insurance companies, and pursue full compensation after serious pedestrian accidents.
What Should You Do First After A Pedestrian Is Hit By A Car?
The first step is to get the injured pedestrian to safety and call 911. Do not assume the person is fine just because they can talk, stand, or walk after the collision.
Adrenaline can hide pain. Some serious injuries do not appear immediately. A pedestrian may feel “shaken up” at the scene and later discover a concussion, fracture, internal injury, herniated disc, or serious soft tissue injury.
If you are the injured pedestrian, do not try to handle everything on your own. If you are a witness, family member, or driver, call emergency services and wait for police and paramedics to respond.
Step 1: Call 911 Immediately
Call 911 after any pedestrian accident involving a vehicle.
Ask for police and emergency medical responders. A police report can document important facts about the crash, including the location, driver information, witness names, visible injuries, and possible traffic violations.
Emergency medical responders can evaluate the injured person and determine whether transport to a hospital is needed. This matters because pedestrian accident injuries can be severe, even when they are not obvious at first.
Calling 911 also creates an official record of the crash. That record may become important later if the insurance company disputes what happened.
Step 2: Move To Safety If Possible
If the injured pedestrian can move safely, they should get out of traffic and away from danger. If they cannot move, do not force them to get up unless they are in immediate danger.
A person with a head, neck, back, hip, or leg injury may suffer more harm if moved incorrectly. Wait for emergency medical professionals when possible.
If you are a witness, help protect the scene without putting yourself at risk. Turn on hazard lights, warn approaching vehicles, and stay visible.
Step 3: Get Medical Care Right Away
The injured pedestrian should get medical care immediately.
Some people avoid medical treatment because they feel embarrassed, think the injury is minor, or want to “wait and see.” That can be a mistake. Prompt medical care protects both your health and your legal claim.
Medical treatment can help identify:
- Concussions
- Traumatic brain injuries
- Broken bones
- Internal injuries
- Knee injuries
- Hip fractures
- Pelvic fractures
- Shoulder injuries
- Back and neck injuries
- Herniated discs
- Nerve damage
- Soft tissue injuries
- Cuts, bruises, and road rash
Medical records also connect your injuries to the accident. Insurance companies often use treatment delays to argue that the pedestrian was not seriously hurt or that the injuries came from something else.
Step 4: Get The Driver’s Information
If you are physically able, get the driver’s information before leaving the scene.
Try to collect:
- Driver’s name
- Driver’s phone number
- Driver’s license number
- Vehicle license plate number
- Insurance company
- Insurance policy number
- Vehicle make, model, and color
- Vehicle owner information, if different from the driver
If the driver is working, get the employer’s name and any company vehicle information. This may matter if the pedestrian was hit by a delivery driver, rideshare driver, commercial truck, company vehicle, government vehicle, or service van.
Step 5: Identify Witnesses
Witnesses can be very important in pedestrian accident cases.
Insurance companies often dispute fault. A driver may later claim the pedestrian crossed outside the crosswalk, entered the road suddenly, ignored a signal, or was distracted. Independent witnesses can help confirm what really happened.
Try to get each witness’s:
- Name
- Phone number
- Email address
- Brief description of what they saw
If a witness cannot stay until police arrive, ask them to provide their contact information before they leave.
Step 6: Take Photos And Videos
Photos and videos can help preserve evidence before the scene changes.
If it is safe, photograph or record:
- The vehicle
- License plates
- The crosswalk or intersection
- Traffic signals
- Stop signs
- Skid marks
- Debris
- Vehicle damage
- Injuries
- Torn or bloody clothing
- Shoes
- Weather conditions
- Lighting conditions
- Road conditions
- Nearby cameras
- Construction zones
- Obstructed views
- The pedestrian’s location after impact
Photos can be especially useful in Bay Area pedestrian accidents because intersections, traffic patterns, and visibility conditions can change quickly.
Step 7: Look For Nearby Cameras
Video footage can make or break a pedestrian accident case.
Look for cameras on:
- Nearby businesses
- Apartment buildings
- Homes
- Parking garages
- Buses
- Rideshare vehicles
- Delivery vehicles
- Traffic areas
- Dashcams
- Security systems
Do not assume video will be saved automatically. Many systems delete footage within days or weeks. A pedestrian accident lawyer can send preservation letters quickly to help prevent important footage from being erased.
Step 8: Report The Accident
A pedestrian accident should be reported to law enforcement. In California, certain collisions must also be reported to the DMV.
If anyone was injured or killed, or if property damage exceeds the legal reporting threshold, the DMV may require a traffic accident report. The driver usually has reporting obligations, but an injured pedestrian should still make sure the accident is properly documented.
Police and DMV reporting can matter later if there is a dispute over the crash, insurance coverage, or the seriousness of the injuries.
Step 9: Do Not Admit Fault
Do not admit fault at the scene.
It is normal to feel confused, apologetic, or overwhelmed after a crash. But statements made in the moment may be misunderstood or used against you later.
Avoid saying things like:
- “I’m sorry.”
- “I didn’t see you.”
- “I should have waited.”
- “It was my fault.”
- “I’m okay.”
- “I’m not hurt.”
You may not know what caused the crash. The driver may have been speeding, distracted, impaired, turning unsafely, or failing to yield. Roadway design, lighting, or a dangerous intersection may have contributed to the accident.
Stick to the facts when speaking with police and medical professionals.
Step 10: Do Not Give A Recorded Statement Too Soon
The driver’s insurance company may contact the injured pedestrian quickly. Be careful.
Insurance adjusters may sound helpful, but their job is to protect the insurance company. They may ask questions which are designed to reduce the value of the claim or shift blame to the pedestrian. Do not speak with any insurance company representatives until you have spoken with an experienced pedestrian accident lawyer.
They may ask:
- Were you in the crosswalk?
- Were you using your phone?
- Did you look both ways?
- Did you see the car before impact?
- Were you wearing dark clothing?
- Are you feeling better now?
- Do you have prior injuries?
Before giving a recorded statement, speak with a pedestrian accident lawyer. A lawyer can help you avoid mistakes that may hurt your claim.
Step 11: Save All Evidence
Keep anything connected to the accident.
This may include:
- Clothing worn during the crash
- Shoes
- Photos and videos
- Medical records
- Hospital Discharge instructions
- Prescriptions
- Medical bills
- Physical therapy records
- Insurance letters
- Police report information
- Witness contact information
- Receipts for out-of-pocket expenses
- Missed work records
Do not wash or throw away damaged clothing or shoes. They may help show the force and location of impact.
Step 12: Follow Your Doctor’s Instructions
Follow all medical advice after the accident.
Attend follow-up appointments, complete recommended testing, take prescribed medication, and participate in physical therapy if ordered. If symptoms worsen, tell your doctor.
Insurance companies look closely at medical records. Missed appointments or treatment gaps may be used to argue that the injuries are not serious.
Your health comes first. Consistent treatment also helps document the true impact of the crash.
Step 13: Track Your Pain, Symptoms, And Daily Limitations
After a pedestrian accident, keep notes about how the injuries affect your daily life.
Write down:
- Pain levels
- Headaches
- Sleep problems
- Mobility issues
- Missed work
- Trouble walking
- Difficulty driving
- Emotional distress
- Anxiety near traffic
- Help needed from family
- Activities you can no longer do
- Medical appointments
- Medication side effects
These notes can help show pain and suffering, emotional distress, loss of enjoyment of life, and the practical impact of the injuries.
Step 14: Notify Your Own Insurance Company If Needed
A pedestrian may have coverage through their own auto insurance policy or a household policy, even though they were not inside a vehicle.
This may matter if:
- The driver fled the scene
- The driver was uninsured
- The driver had too little insurance
- The crash involved a hit-and-run
- Medical payments coverage may apply
Uninsured motorist and underinsured motorist claims can involve technical rules and deadlines. If the driver fled or lacked insurance, contact a lawyer quickly.
For related information, visit our San Francisco hit-and-run accident lawyers page.
Step 15: Contact A Pedestrian Accident Lawyer
You should speak with a lawyer as soon as possible if the pedestrian suffered injuries, needed medical care, missed work, was blamed for the crash, or was contacted by the insurance company.
A pedestrian accident lawyer can help by:
- Investigating the crash
- Obtaining the police report
- Preserving video footage
- Finding witnesses
- Identifying all insurance coverage
- Handling insurance adjusters
- Documenting medical treatment
- Calculating lost income
- Evaluating future medical needs
- Negotiating a settlement
- Filing a lawsuit if necessary
For more information, read: Do I Need a Pedestrian Accident Lawyer?
What If The Driver Fled The Scene?
If the driver fled after hitting a pedestrian, call 911 immediately.
Try to remember or document:
- License plate number
- Vehicle color
- Vehicle make and model
- Direction of travel
- Driver description
- Damage to the vehicle
- Witness information
- Nearby cameras
A hit-and-run pedestrian accident can still lead to compensation in some cases. Law enforcement may identify the driver. If not, uninsured motorist coverage may apply through the injured pedestrian’s own household auto policy.
Hit-and-run claims should be handled quickly because evidence can disappear and insurance notice requirements may apply.
What If The Pedestrian Was Hit In A Crosswalk?
If a pedestrian was hit in a crosswalk, the case may be strong, but it still needs evidence.
Drivers must use reasonable care and yield to pedestrians when required by California law. But insurance companies may still argue that the pedestrian entered the crosswalk suddenly, crossed against the signal, or could have avoided the crash.
Important evidence may include:
- Signal timing
- Crosswalk markings
- Witness statements
- Surveillance video
- Dashcam footage
- Police report findings
- Vehicle damage
- Photos of the intersection
Do not assume the insurance company will accept responsibility just because the pedestrian was in a crosswalk.
What If The Pedestrian Was Outside The Crosswalk?
A pedestrian may still have a claim even if they were outside a marked crosswalk when hit. The fact that a pedestrian is crossing outside of a crosswalk itself does not relieve a driver of their legal duty to exercise due care for the safety of any pedestrian upon the roadway. Pedestrians equally have a duty to yield the right of way to all vehicles upon the roadway that are close enough to constitute an immediate hazard.
When fault for an accident may be shared among the parties, California uses comparative fault rules. This means fault will be determined and apportioned between the pedestrian and the driver based on the facts and the law. The insurance company may argue that the pedestrian was partly responsible, but the driver may still be liable if they were inattentive, speeding, distracted, impaired, or had time to avoid the collision. A pedestrian can recover for the percentage of fault attributed to the driver.
For related information, read: Can A Pedestrian Sue If Hit By A Car In California?
What Compensation Can An Injured Pedestrian Recover?
An injured pedestrian may be able to recover compensation for both financial and personal losses.
Compensation may include:
- Ambulance bills
- Emergency room treatment
- Hospital care
- Surgery
- Doctor visits
- Physical therapy
- Medication
- Future medical care
- Lost wages
- Reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of mobility
- Scarring or disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages
For more information, read: How Much Compensation Can I Get For A Pedestrian Accident?
How Long Do You Have To File A Pedestrian Accident Claim In California?
In most California pedestrian accident cases, the injured person generally has two years from the date of injury to file a personal injury lawsuit.
However, some cases have shorter deadlines. If a government entity, public employee, public road, public transit agency, or dangerous public property condition may be involved, you may need to act much faster.
Do not wait until the deadline is close. Evidence can disappear quickly, and waiting can make the case harder to prove.
Why Choose The Hassell Law Group?
The Hassell Law Group represents seriously injured pedestrians throughout San Francisco and the Bay Area. Our attorneys understand how to investigate pedestrian accidents, prove fault, deal with insurance companies, and pursue full compensation for life-changing injuries.
HLG has handled major pedestrian accident cases, including:
- $4.5 million for a pedestrian hit in a San Francisco crosswalk who suffered a traumatic brain injury
- $2.525 million for pedestrians injured in an accident caused by a commercial vehicle
- $1.75 million for the family of a pedestrian run over on a sidewalk by a loose trailer from a commercial vehicle
- $1.5 million for a pedestrian struck while crossing the street
- $1.5 million for an elderly pedestrian struck in a crosswalk
- $998,000 for a father and son injured by a negligent tow truck driver
When you hire The Hassell Law Group, we handle the legal and insurance issues so you can focus on healing.
Steps To Take When A Pedestrian Is Hit By A Car: The Bottom Line
After a pedestrian is hit by a car, call 911, get medical care, report the crash, collect evidence, identify witnesses, avoid recorded statements, preserve records, and contact an experienced pedestrian accident lawyer.
The steps you take early can make a major difference in your health and your claim. Insurance companies often move quickly after serious accidents. You should have someone protecting your rights just as quickly.
Speak With A San Francisco Pedestrian Accident Lawyer Today
If you or a loved one was hit by a car while walking in San Francisco, Oakland, Berkeley, Daly City, San Mateo, Fremont, Hayward, Richmond, Walnut Creek, Santa Cruz, or anywhere in the Bay Area, The Hassell Law Group is ready to help.
Call us today at (415) 334-4111 for a free consultation. You pay no attorney’s fees unless we recover compensation for you.
FAQ: What To Do After A Pedestrian Is Hit By A Car
What is the first thing to do after a pedestrian is hit by a car?
Call 911 immediately. Ask for police and emergency medical help. The injured pedestrian should get medical care even if the injuries do not seem serious at first.
Should a pedestrian go to the hospital after being hit by a car?
Yes, the pedestrian should get medical evaluation as soon as possible. Some injuries, including concussions, internal injuries, fractures, and soft tissue injuries, may not be obvious right away. Early medical evaluation of injuries will help support an injury claim.
Should I talk to the driver’s insurance company?
No. You should avoid giving a recorded statement or accept any settlement before speaking with a lawyer, especially if you were injured or fault is disputed.
What evidence should I collect after a pedestrian accident?
Important evidence includes photos, videos, witness names, driver information, medical records, police report information, damaged clothing, and any available video or dashcam footage.
Can a pedestrian still recover compensation if they were outside the crosswalk?
Often yes. A pedestrian may still recover compensation even if they were partly at fault. California allows fault to be divided between parties, meaning the pedestrian can still recover for the driver’s share of the fault.
How long do I have to file a pedestrian accident claim in California?
In most cases, you generally have two years from the date of injury to file a personal injury lawsuit. A shorter 6 month claim filing deadline applies if a government entity is involved.
The general information provided on this website should not be considered legal advice, and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
How Much Compensation Can I Get For A Pedestrian Accident?