If you have just been hit by a car while walking and you can read this on your phone, the most important thing you can do in the next five minutes is stay where you are if you can. Help is coming. The case starts now.
Pedestrian collisions are different from car accidents. The injuries are usually more severe. The fault analysis is usually clearer in the pedestrian's favor. And the things you do in the first hour can change the value of the case by a substantial margin.
At the scene
Call 911 if you can. Even if a bystander has already called, confirm. You want both police and paramedics. The police report is important. The medical report from the scene is more important.
Do not refuse medical attention because you think you can walk. Pedestrian impacts often produce injuries that are not immediately obvious: internal injuries, concussions, pelvic fractures that the body's adrenaline temporarily masks. Get transported to the hospital. Tell the paramedics everything that hurts, even if it seems minor.
If you can use your phone, photograph the scene. The vehicle, the position you ended up in, the crosswalk, the traffic signals, the surrounding businesses, the lighting conditions. If there are witnesses, ask someone to take their names and phone numbers. Bystanders often disperse within minutes.
What to say and what not to say
Do not apologize. Do not say "I didn't see them." Do not speculate about whose fault it was. Stick to the facts of what you were doing: where you were walking, which direction, what light or signal applied, what you saw. People are conditioned to be polite, especially when they are scared. Polite admissions get used against you later.
The same applies in the days after the crash when the driver's insurer calls. Be polite, get the company name and claim number, and decline to give a recorded statement. The same advice that applies after a vehicle accident applies here, and we discuss the broader insurer playbook in what to do after a car accident in Los Angeles.
In the hospital and after
Follow every medical recommendation. Attend every follow up. Pedestrian cases often involve orthopedic injuries that require multiple specialists: emergency medicine, orthopedic surgery, neurology, physical therapy, sometimes pain management. The medical record built in these early weeks becomes the foundation of your claim, which we cover in the importance of medical documentation.
Keep records of everything. Bills. Discharge instructions. Imaging reports. Lost work hours. Family members who took time off to help you. Out of pocket costs (medications, parking at appointments, medical equipment). These are recoverable damages, but only if documented.
California's pedestrian law
California Vehicle Code section 21950 requires drivers to yield to pedestrians in both marked and unmarked crosswalks at intersections. Drivers must also exercise due care in areas where pedestrians may be present, even outside crosswalks. The duty rests heavily on drivers because of the disparity in size and protection.
The defense will sometimes argue comparative fault, claiming the pedestrian was jaywalking, distracted, or impaired. California's pure comparative fault rule means partial fault reduces but does not bar recovery. Many cases that the insurer initially treats as "the pedestrian's fault" come out very differently after investigation.
Evidence preservation
Pedestrian cases live or die on scene investigation. Time of day, lighting, sight lines, the driver's likely view, the distance the driver had to react. If the case warrants it, we dispatch an investigator to the scene within days. Surveillance footage from nearby businesses gets requested fast because most systems overwrite within seven to fourteen days. Vehicle event data recorders can be subpoenaed to establish pre impact speed and braking. These steps matter because the police report alone is rarely enough.
Deadlines
The California personal injury statute of limitations is two years from the date of injury. If a city, county, or state vehicle was involved, or if a dangerous condition of public property contributed to the injury, you have only six months to file a government claim. Missing either deadline can end the case. The full deadline framework is in California's statute of limitations.
When to call a lawyer
If the injuries were serious enough that you required transport, observation, or any surgical procedure, you should talk to a lawyer before signing anything. The mechanics of how a case proceeds from intake to recovery are in how personal injury claims work.
For a free review of a California pedestrian accident case, reach Jennie Levin through our contact page, or learn more about our pedestrian accident practice.