Pedestrian accidents can be traumatic, disorienting, and life-altering. Whether you were hit in a crosswalk, near a school zone, or on a busy California street, knowing what to do in the aftermath is critical—not just for your health, but for your legal rights. California law provides strong protections for pedestrians, but securing compensation requires swift and strategic action. This article offers a step-by-step legal checklist for victims of pedestrian accidents in California.
Step 1: Prioritize Safety and Medical Attention
Immediately after the accident:
- Move to a safe location, if possible, to avoid further harm
- Call 911 and request emergency medical assistance
- Allow paramedics to evaluate you, even if injuries seem minor
- Go to the hospital if recommended—some injuries (e.g., internal bleeding, concussions) may not be immediately apparent
Prompt medical care not only protects your health—it creates a documented record of your injuries, which is essential for any legal claim.
Step 2: Contact Law Enforcement and File a Report
Under California Vehicle Code § 20008, police must be notified of any accident involving injury or death. When officers arrive:
- Give a clear account of what happened
- Avoid admitting fault or speculating about the driver’s intent
- Request a copy of the police report or the report number for future reference
This report will serve as a foundational piece of evidence in your case.
Step 3: Gather Evidence at the Scene
If you’re physically able—or with the help of a witness or companion—collect:
- Photos of the vehicle, license plate, damage, and accident scene
- Images of crosswalks, signage, traffic signals, and road conditions
- Pictures of your injuries and any torn or bloodied clothing
- Contact information for witnesses, including names and phone numbers
- Driver’s insurance and license details, if not provided by police
This evidence may disappear quickly, so act fast.
Step 4: Seek Ongoing Medical Care and Documentation
After initial treatment:
- Schedule follow-up appointments with your doctor
- Attend physical therapy, if prescribed
- Keep all medical records, bills, and receipts
- Track symptoms and recovery in a journal
Consistent care shows the seriousness of your injuries and supports your claim for damages.
Step 5: Notify Your Insurance Company
Even if you were a pedestrian, your own auto or health insurance may provide coverage. When contacting insurers:
- Provide basic facts only—avoid recorded statements
- Do not speculate about fault or injuries
- Refer adjusters to your attorney, once retained
Insurers may try to minimize payouts or shift blame. Protect yourself by limiting communication.
Step 6: Consult a California Personal Injury Attorney
Pedestrian accident cases can be complex, especially when:
- The driver disputes fault
- You were outside a crosswalk
- Multiple parties are involved (e.g., city, school district, rideshare company)
An experienced attorney can:
- Investigate the accident and gather additional evidence
- Handle insurance negotiations
- File claims against public entities, if applicable
- Pursue maximum compensation for medical costs, lost wages, and pain and suffering
Most personal injury lawyers work on a contingency basis, meaning no upfront fees.
Step 7: File a Government Claim (If Applicable)
If your accident involved:
- A city-owned intersection
- A school zone with inadequate signage
- A public transit vehicle
You must file a government claim within six months under California Government Code § 911.2. Your attorney can help prepare and submit this claim before the deadline.
Step 8: Avoid Common Insurance Pitfalls
Watch out for these tactics:
- Quick settlement offers that undervalue your injuries
- Requests for recorded statements
- Delays in claim responses
- Denials based on comparative fault
Always have your attorney review any settlement offer before accepting.
Step 9: Preserve All Documentation
Keep organized records of:
- Medical bills and treatment notes
- Police reports and witness statements
- Insurance correspondence
- Photos and videos
- Lost wage documentation
- Out-of-pocket expenses (e.g., transportation, home care)
This documentation strengthens your case and supports your claim for damages.
Step 10: Understand Your Legal Rights
California law favors pedestrian safety:
- Drivers must yield to pedestrians in crosswalks (CVC § 21950)
- Pedestrians have the right-of-way, even in unmarked crosswalks
- Drivers must stop for school buses and flashing lights (CVC § 22454)
Even if you were jaywalking, you may still recover compensation under California’s pure comparative fault rule.
Final Thoughts
Being struck by a vehicle is traumatic—but California law provides a clear path to justice. By following this legal checklist, you can protect your health, preserve evidence, and pursue fair compensation. Whether your injuries are minor or life-altering, don’t navigate the aftermath alone. A skilled San Diego California pedestrian accident attorney can help you hold negligent drivers accountable and secure the support you need to recover.
References
- California Vehicle Code § 21950. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21950
- California Vehicle Code § 22350. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=22350
- California Vehicle Code § 23123.5. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23123.5
- California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
- Maison Law – Legal Guide for California Pedestrian Accident Victims
- TheLaw.TV – What to Do After a Pedestrian Accident
- TJ Ryan Law – What to Do After a Pedestrian Accident in California
- Beliz Law Firm – Steps to Take After a Pedestrian Accident
- Napolin Law – Legal Options for Pedestrian Accident Victims in California
