Suing for a Hit-and-Run Pedestrian Accident in California

A hit-and-run pedestrian accident is one of the most devastating events a person can experience. Not only does the victim face potentially life-altering injuries, but they’re also left without immediate recourse to hold the at-fault driver accountable. In California, however, pedestrian victims still have several legal options to pursue justice and compensation—even when the driver who fled the scene cannot be located.

Understanding Hit-and-Run Pedestrian Accidents in California

Under California Vehicle Code § 20001, drivers are legally required to stop at the scene of any accident resulting in injury or death. Failure to do so constitutes a criminal offense. Unfortunately, California consistently ranks among the states with the highest number of hit-and-run crashes, particularly in high-density pedestrian areas like San Diego, Los Angeles, and San Francisco.

Pedestrians are especially vulnerable in these collisions. With no protective barriers, even low-speed impacts can result in serious harm including:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal bleeding
  • Broken bones
  • Disfigurement or permanent disability
  • Death

Legal Options for Victims of Hit-and-Run Accidents

Even if the at-fault driver is never located, California law offers multiple avenues for victims to recover damages:

1. Uninsured Motorist (UM) Coverage

California auto insurance policies are required to offer uninsured motorist coverage, which protects victims injured by drivers who lack insurance—or cannot be identified, as in hit-and-run cases. If the pedestrian has their own UM policy, or lives with a family member who does, this coverage can provide compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Future rehabilitation

UM coverage can also apply if the pedestrian was hit while walking, jogging, or even standing near a vehicle.

2. Medi-Cal or Health Insurance Benefits

If no insurance coverage is available through the victim’s household, they may still receive compensation for medical treatment through their own health insurance or Medi-Cal (California’s Medicaid program). These providers may seek reimbursement if the driver is later identified and sued successfully.

3. Victim Compensation Board (CalVCB)

The California Victim Compensation Board offers limited financial assistance to victims of violent crimes, including hit-and-run accidents. CalVCB may cover:

  • Funeral and burial expenses
  • Medical treatment
  • Mental health counseling
  • Lost income

Victims must file a claim within seven years of the crime, and the accident must be reported to law enforcement within five days unless there’s a valid reason for delay.

4. Civil Lawsuit (If Driver Is Identified)

If law enforcement or a private investigator is able to identify the hit-and-run driver, the victim may file a civil personal injury or wrongful death lawsuit. Compensation in these cases may include:

  • Economic damages (medical bills, lost wages, rehabilitation)
  • Non-economic damages (pain and suffering, emotional distress)
  • Punitive damages (for egregious misconduct, such as DUI or street racing)

In cases involving wrongful death, surviving family members can bring a claim under California Code of Civil Procedure § 377.60.

Gathering Evidence After a Hit-and-Run

Preserving evidence is crucial in hit-and-run pedestrian claims—especially when the driver has not yet been identified. Key forms of evidence include:

  • Police report: Always file a report immediately. It establishes a formal record and can be vital for UM claims.
  • Witness statements: Bystanders may have seen the vehicle, driver, or license plate.
  • Surveillance footage: Cameras from businesses, traffic lights, or residential homes may capture the incident.
  • Medical records: Documenting injuries is essential for demonstrating damages.
  • Vehicle debris or paint transfers: Physical evidence from the scene may help identify the fleeing car.

Victims should work with an experienced pedestrian accident attorney who can help obtain and preserve this evidence, and coordinate with private investigators if necessary.

Statute of Limitations in Hit-and-Run Cases

Victims of hit-and-run pedestrian accidents must act within certain legal time limits. In California:

  • Personal injury claims must be filed within 2 years from the date of the accident (California Code of Civil Procedure § 335.1).
  • If the case involves a government agency (e.g., dangerous crosswalk conditions), victims must file a claim within 6 months (California Government Code § 911.2).
  • CalVCB claims must be submitted within 7 years, with exceptions possible for minors or delayed discovery.

Failing to file within these deadlines can result in loss of the right to compensation.

What If the Pedestrian Was Partially at Fault?

California follows a pure comparative negligence system. This means a pedestrian can still recover compensation even if they were partially responsible for the accident. For example:

  • A pedestrian jaywalking may be found 20% at fault.
  • A distracted driver who fled the scene may be 80% at fault.

In this case, the pedestrian would receive 80% of the total damages awarded. It’s important to work with legal counsel to minimize any fault attributed to the victim.

San Diego and Hit-and-Run Pedestrian Crashes

San Diego is one of California’s most walkable cities but also ranks high in pedestrian crashes. According to the San Diego Police Department, there are hundreds of pedestrian injuries each year, with hit-and-run incidents occurring in busy areas like Gaslamp, University Heights, and along El Cajon Boulevard.

In response, city officials have launched traffic safety initiatives such as Vision Zero, aimed at eliminating traffic-related fatalities. However, enforcement and infrastructure changes take time—leaving many pedestrians vulnerable in the meantime.

Victims in San Diego should consult with an attorney who understands local court procedures, insurance carrier practices, and law enforcement policies for pedestrian-related crashes.

Steps to Take After a Hit-and-Run Pedestrian Accident

  1. Call 911 and request police and medical assistance.
  2. Do not chase the driver; try to get their license plate or car description instead.
  3. Take photos of the scene, including debris, skid marks, and injuries.
  4. Gather witness information, including names and phone numbers.
  5. Seek medical attention immediately—even if injuries seem minor.
  6. Report the incident to your auto insurer (if applicable) to initiate a UM claim.
  7. Consult a pedestrian accident attorney to discuss compensation options.

Conclusion

Suing for a hit-and-run pedestrian accident in California may seem overwhelming, especially when the responsible driver is unknown. However, victims are not without recourse. Through uninsured motorist coverage, CalVCB assistance, or civil litigation when the driver is found, there are multiple legal avenues to pursue justice. With the help of a skilled California pedestrian accident lawyer, injured victims can secure compensation for their medical bills, lost wages, and emotional suffering—even in the absence of the driver.

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