Yes. A pedestrian can sue if hit by a car in California when a driver, company, government agency, or another party caused or contributed to the crash.
Pedestrian accidents often cause devastating injuries because the human body has no protection against the force of a moving vehicle. A person walking across the street, through a parking lot, near a school, or along a city sidewalk can suffer life-changing harm in seconds.
If you were hit by a car while walking in California, you may have the right to pursue compensation for medical bills, lost income, pain and suffering, emotional distress, permanent disability, and other losses.
At The Hassell Law Group, our experienced San Francisco pedestrian accident lawyers represent injured pedestrians throughout San Francisco and the Bay Area. We know how serious these cases can be, and we zealously advocate to recover the full compensation our clients deserve.
Can You Sue After Being Hit By A Negligent Driver?
Yes. If a driver’s negligence caused the crash, the injured pedestrian may be able to sue or bring an insurance claim.
Common examples of driver negligence include:
- Speeding
- Failing to yield at a crosswalk
- Running a red light
- Rolling through a stop sign
- Distracted driving
- Texting while driving
- Drunk driving
- Drug-impaired driving
- Failing to check for pedestrians before turning
- Backing up without looking
- Driving too fast for traffic or weather conditions
- Ignoring school zones or residential speed limits
A pedestrian injury claim can also involve other responsible parties. For example, a company may be liable if the driver was working at the time of the crash. A government agency may be responsible if a dangerous roadway condition contributed to the collision. A vehicle manufacturer may be liable if a defective vehicle part played a role.
Every case depends on the facts. That is why it is important to have an attorney investigate the crash quickly.
Do Pedestrians Always Have The Right Of Way In California?
No. Pedestrians do not always have the right of way in every situation. However, California law gives strong protections to pedestrians, especially when they are crossing in marked crosswalks or unmarked crosswalks at intersections.
Drivers must use reasonable care to avoid hitting pedestrians. A driver cannot simply claim, “I did not see them,” and escape responsibility. Motorists must watch the road, scan for people walking, slow down when necessary, and yield when the law requires it.
At the same time, pedestrians also have a duty to use reasonable care for their own safety. A pedestrian should not suddenly leave a curb and walk into the path of a vehicle that is so close it creates an immediate hazard.
Pedestrian accident cases are fact specific. A pedestrian may still have a valid claim even if the police report or insurance company argues they were partly at fault.
Can A Pedestrian Sue If They Were Outside The Crosswalk?
Yes, a pedestrian may still be able to sue even if they were outside a marked crosswalk.
Being outside a crosswalk does not automatically mean the pedestrian has no case. California uses comparative fault rules. This means fault can be divided between the pedestrian and the driver.
For example, a pedestrian may be found partly responsible for crossing outside a crosswalk. But the driver may also be responsible if they were speeding, distracted, impaired, or had enough time to avoid the collision.
If the pedestrian is partly at fault, their compensation may be reduced by their percentage of responsibility. But they may still recover money for their injuries.
What If The Driver Says The Pedestrian Came Out Of Nowhere?
Insurance companies often argue that the pedestrian “came out of nowhere.” This defense is common, but it is not always accurate.
A careful investigation may show that the driver:
- Failed to keep a proper lookout
- Was driving too fast
- Was distracted by a phone
- Failed to yield while turning
- Ignored traffic signals
- Failed to slow down in a pedestrian-heavy area
- Had an obstructed view and should have been more cautious
- Hit the pedestrian in or near a crosswalk
A skilled attorney can investigate the collision, review the police report, examine the crash scene, look for surveillance video, interview witnesses, and analyze whether the driver had time to react or committed other acts of negligence.
Can A Pedestrian Sue After A Hit-And-Run Accident?
Yes. A pedestrian may still have options after a hit-and-run accident where a motorist left the scene.
If the driver flees the scene, the first priority is to get medical care and report the crash to police. Law enforcement may investigate the collision and try to locate the driver.
If the driver cannot be found, the injured pedestrian may still have a claim through their own auto insurance policy if they have uninsured motorist coverage. If not, a household auto insurance policy held by others may still provide coverage even where the injured person did not own a car and was walking when hit and not inside a car.
Hit-and-run pedestrian cases can be complicated. If you were injured in a hit-and-run, you should speak with our experienced San Francisco hit-and-run accident lawyers as soon as possible.
Can A Pedestrian Sue If The Driver Was Working?
Yes. If the driver was working at the time of the crash, the pedestrian may have a claim against both the driver and their employer.
This can happen when the pedestrian is hit by a:
- Delivery driver
- Rideshare driver
- Truck driver
- Construction vehicle operator
- Bus driver
- Company car driver
- Government vehicle driven by a government employee
- Commercial van driver
Employer liability can make a major difference because commercial insurance policies often provide more coverage than a personal auto policy.
For example, a pedestrian hit by a delivery truck may have a different type of claim than a pedestrian hit by a private driver. The attorney should investigate who owned the vehicle, whether the driver was on the job, and what insurance coverage applies.
Can A Pedestrian Sue A Government Agency?
Sometimes, yes. A government agency may be responsible if a dangerous condition on public property contributed to the pedestrian accident.
Examples may include:
- Potholes in the crosswalk or on the roadway
- Broken traffic signals
- Overgrown vegetation impairing driver view of pedestrians
- Streetlight out creating poor lighting conditions
- Faded street markings
- Dangerous intersections
- Defective sidewalks (raised cement panels, cracks, lifting, sinking)
- Unsafe road construction zones
Claims against government entities have special rules and much shorter deadlines. In California, these claims often require prompt action. If a city, county, state agency, public transit agency, or other government entity may be involved, you should contact a lawyer immediately after an accident has occurred.
What Injuries Can a Pedestrian Claim After Being Hit By a Car?
Pedestrian accidents can cause severe and permanent injuries. Even a low-speed collision can knock a person to the ground, causing head trauma, fractures, back injuries, and serious soft tissue damage.
Common pedestrian accident injuries include:
- Traumatic brain injuries
- Concussions
- Skull fractures
- Broken legs
- Broken arms
- Hip fractures
- Pelvic fractures
- Knee injuries
- Shoulder injuries
- Spinal cord injuries
- Herniated discs
- Internal injuries
- Facial injuries
- Dental injuries
- Road rash
- Nerve damage
- Psychological trauma
- Wrongful death
Older adults, children, and people with pre-existing medical conditions may suffer especially serious harm in pedestrian collisions.
What Compensation Can An Injured Pedestrian Recover?
An injured pedestrian may be able to recover compensation for both financial and non-financial losses.
Compensation may include:
- Ambulance bills
- Emergency room treatment
- Hospital care
- Surgery
- Doctor visits
- Physical therapy
- Medication
- Future medical care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Scarring or disfigurement
- Loss of consortium
- Wrongful death damages in fatal cases
The value of a pedestrian accident case depends on the severity of the injuries, the amount of medical treatment, the medical costs, any lost income, long-term impact of the harm, the available insurance coverage, and the strength of the liability evidence.
What If The Pedestrian Was Partly At Fault?
A pedestrian can still recover compensation in California even if they were partly at fault.
California follows comparative fault principles. This means compensation may be reduced by your percentage of fault, but you are not barred from recovering.
For example, if a pedestrian is found 20% at fault and the driver is found 80% at fault, the pedestrian’s compensation would generally be reduced by 20%.
Insurance companies often try to exaggerate a pedestrian’s share of fault. They may claim the pedestrian crossed too slowly, crossed outside a crosswalk, looked down at a phone, wore dark clothing, or failed to pay attention.
Do not accept the insurance company’s version of events without speaking with a lawyer. Fault is often disputed, and this is where having counsel can make a major difference.
How Do You Prove a Pedestrian Accident Claim?
To bring a successful pedestrian accident claim, you generally need to prove that another party acted negligently and that their negligence caused your injuries.
Important evidence may include:
- Police reports
- Witness statements
- Surveillance video
- Dashcam footage
- Traffic camera footage
- Photos of the scene, vehicle damage, injuries
- Vehicle damage
- Skid marks
- Crosswalk markings
- Traffic signal timing
- Cell phone records
- Medical records
- Expert accident reconstruction
- Driver statements
- Insurance records
The sooner a lawyer is consulted the better. Video footage can disappear quickly. Witnesses may become difficult to locate. Road conditions can change. Vehicles may be repaired.
What Should You Do After Being Hit By A Car As A Pedestrian?
After a pedestrian accident, take these steps if you are physically able:
1. Call 911
Report the crash immediately. Ask for police and emergency medical help. Obtain a police report.
2. Get Medical Treatment
Do not assume you are fine. Adrenaline can hide pain. Some injuries become worse hours or days later.
3. Get The Driver’s Information
Try to get the driver’s name, contact information, license plate number, driver’s license information, and insurance details.
4. Identify Witnesses
Ask witnesses for their names and phone numbers. Independent witnesses can be very important in disputed pedestrian accident cases.
5. Take Photos And Videos
If possible, photograph the vehicle, crosswalk, traffic signals, injuries, clothing, road conditions, and the surrounding area.
6. Do Not Give a Recorded Statement to Insurance
Insurance adjusters may contact you quickly. Be careful. They may ask questions designed to reduce the value of your claim, or shift fault for the accident to you.
7. Contact a Pedestrian Accident Lawyer
A lawyer can protect your rights, preserve evidence, handle the insurance company, and help you pursue full compensation.
For more information, read our related guide: Do I Need a Pedestrian Accident Lawyer?
How Long Do You Have To Sue After A Pedestrian Accident In California?
In most California pedestrian accident cases, you generally have two years from the date of injury to file a personal injury lawsuit.
However, some cases have much shorter deadlines. If a government agency or their employee may be responsible, you need to file a government claim within 6 months of the accident. Because deadlines can be complicated, you should speak with a lawyer as soon as possible after the crash.
Waiting can hurt your case. Evidence may disappear, witnesses may forget details, and insurance companies may use delays against you.
Why Hire The Hassell Law Group After A Pedestrian Accident?
Pedestrian accident cases are often serious injury claims. The insurance company may try to blame the pedestrian, minimize the injuries or payout, or pressure the victim into a low settlement.
The Hassell Law Group has extensive experience representing seriously injured pedestrians throughout San Francisco and the Bay Area. Our attorneys know how to investigate complex pedestrian crashes, prove liability, document serious injuries, and pursue maximum compensation.
Our firm has recovered significant results for pedestrian accident victims, including:
- $4.5 million for a San Francisco pedestrian hit in a crosswalk sustaining a traumatic brain injury
- $2.525 million for pedestrians in an accident caused by a loose trailer pulled by a commercial vehicle
- $1.75 million for family of pedestrian hit and killed by 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 father and son pedestrians injured by a negligent tow truck driver
- $925,000 for daughter of an elderly woman hit by a bus
When you hire our firm, we handle the legal work so you can focus on healing.
Can A Pedestrian Sue If Hit By A Car In California? The Bottom Line
Yes. A pedestrian can sue if hit by a car in California when a negligent driver or another responsible party caused the crash.
You may still have a claim even if the insurance company or police report says you were partly at fault. California law allows fault to be divided, and injured pedestrians may still recover compensation depending on the facts.
The most important step is to act quickly. Get medical care, report the crash, document the evidence, and speak with an experienced pedestrian accident lawyer.
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. We are paid from the compensation we obtain for you.
FAQ: Can A Pedestrian Sue If Hit By A Car In California?
Can I sue if I was hit by a car in a crosswalk?
Yes. If a driver hit you while you were lawfully crossing in a marked or unmarked crosswalk, you may have a strong pedestrian accident claim. Drivers must use reasonable care and yield when required by California law.
Can I sue if I was jaywalking?
Possibly. Jaywalking or crossing outside a crosswalk does not automatically prevent you from recovering compensation. Your compensation could be reduced if you were partly at fault, but the driver may still be responsible if they were negligent.
What if the driver who hit me fled the scene?
You may still have options. Law enforcement may identify the driver. If not, uninsured motorist coverage may apply in some cases. Hit-and-run pedestrian claims should be reviewed by a lawyer quickly.
How much is a pedestrian accident case worth?
The value depends on the severity of your injuries, amount of your medical bills, lost income, pain and suffering, future medical needs, liability evidence, and available insurance coverage.
How long do I have to sue after a pedestrian accident in California?
In most cases, you generally have two years from the injury date to file a personal injury lawsuit. However, some claims, including claims involving government entities, have a six- month claim filing deadline.
Do I need a lawyer after being hit by a car as a pedestrian?
You should strongly consider hiring a lawyer if you suffered serious injuries, needed medical care, missed work, were hit in a crosswalk, were blamed for the crash, or were contacted by the insurance company.
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.
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