Getting hit while walking can flip life upside down in seconds. One moment we’re crossing Ventura Boulevard or walking to a store, the next we’re dealing with pain, fear, and a stack of calls from insurance adjusters.
In California, pedestrians have strong legal rights, and drivers have clear duties to watch for people on foot. But in real cases, insurers often argue about fault, crossing rules, and whether we “should’ve seen it coming.” That’s why it helps to know the basics before we talk to the other side.
In this guide, we explain when pedestrians have the right-of-way, how shared fault works, what to do after a crash in Los Angeles, how reporting and deadlines work, and when legal help can raise the odds of full compensation.
What rights do pedestrians have in California, and when do drivers have to stop?
In plain terms, California expects drivers to watch for pedestrians and yield when people are lawfully crossing. In Los Angeles, this matters every day because we have wide intersections, fast multi-lane roads, and a lot of turning traffic near shopping areas, parks, schools, and transit stops.
A crosswalk isn’t a force field, but it does carry weight when fault is decided. In many pedestrian injury claims, the key question is simple: did the driver act like a careful driver would in that same spot, at that same time?
Drivers often have to stop or yield when:
- We’re already in a crosswalk, whether it’s painted or not.
- A walk signal gives us permission to cross.
- A driver is turning and our path crosses theirs.
- Traffic is stopped and a crosswalk is blocked, drivers still can’t push through people walking.
At the same time, pedestrians have duties too. If we step out suddenly, cross against a signal, or cross mid-block in a risky way, insurers may argue we share fault. That doesn’t end the case in California, but it can affect value.
If we want a deeper LA-specific breakdown of right-of-way disputes and claim steps, we can start with this Los Angeles pedestrian accident rights guide.
Crosswalk rules, signals, and turning cars at intersections
Los Angeles has both marked crosswalks (painted lines) and unmarked crosswalks (often at intersections, even without paint). A lot of drivers only “see” the painted kind, which leads to preventable hits.
Turning cars are a huge issue here:
- Right turns on red: drivers still must stop first and yield to pedestrians who are crossing.
- Left turns: drivers often watch for oncoming cars and forget to look into the crosswalk.
- Green lights don’t erase pedestrian rights, drivers still have to yield during turns when pedestrians have the walk.
A simple scenario: we’re crossing with the walk signal at an intersection, and a driver turns right and clips us. Even if the driver says, “I didn’t see them,” that statement can support negligence because drivers are expected to look.
Evidence that can help show a failure to yield includes photos and video (traffic cameras, nearby businesses), witness names and numbers, skid marks, damage location on the vehicle (front corner impacts often match turning failures), and the timing of signals.
For prevention tips that also help us understand how these crashes happen, see crosswalk safety tips from LA injury lawyers.
When pedestrians can still recover money even if they made a mistake
California follows comparative negligence. That means we can still recover compensation even if we share some fault, but our recovery may be reduced by our percentage.
Example: if our total damages are $100,000 and we’re found 20% at fault, the net recovery could be reduced by 20%, to $80,000.
This is why we shouldn’t admit fault at the scene, or in a recorded call later. It’s normal to feel shaken and say things like “I’m sorry” or “I wasn’t watching,” but insurers treat those phrases like evidence. Fault should be decided after the full record is reviewed, not in the first ten minutes after impact.
Steps to take after a pedestrian accident in Los Angeles to protect our health and our claim
After a pedestrian crash, we usually have two battles at once: healing and paperwork. In Los Angeles traffic, the scene can also be chaotic, with drivers honking, people filming, and cars trying to squeeze past. The goal is to protect our body first, then protect the facts.
Safety and medical steps first, then documentation that makes our case stronger
Here’s a practical order that works in most cases:
- Get to a safer spot if we can move without making injuries worse.
- Call 911 if there’s serious pain, head impact, bleeding, confusion, or the driver is trying to leave.
- Accept medical evaluation. Adrenaline hides injuries, and pedestrians often have internal injuries, concussions, or fractures that show later.
- Follow up fast if symptoms change over the next 24 to 72 hours (headache, dizziness, back pain, numbness, sleep trouble).
- Take photos and video: the crosswalk, signals, lighting, lane layout, skid marks, debris, and any sidewalk defects nearby.
- Get driver details: name, license, plate, insurance, and a photo of the vehicle.
- Get witness info: names and numbers. Short statements like “the car turned into the crosswalk” help.
- Save clothing and shoes without washing them. They can show impact points and road rash.
- Track symptoms daily in a simple note on our phone.
In many claims, police reports and medical records become the backbone of the case. If we don’t have early documentation, insurers love to argue we weren’t hurt, or we were hurt somewhere else.
Common mistakes that can shrink settlement value:
- Waiting too long to see a doctor.
- Posting injury updates on social media.
- Letting the at-fault insurer “just get our side” on a recorded call.
- Throwing away torn clothing, broken glasses, or damaged personal items.
- Assuming a parking lot crash is “minor.” Poor lighting and confusing layout can make parking lots dangerous, and injuries can still be severe.
When to call police, and what California reporting rules we cannot ignore
A police report helps most when there’s injury, a hit-and-run, a dispute about fault, or the driver seems impaired or distracted. It also helps when the scene involves risky conditions like poor lighting, rain-slick pavement, or a blocked view from parked cars.
We also need to remember a separate rule: DMV reporting. In California, drivers (and often pedestrians working through a claim) generally must report a crash to the DMV when there’s injury or death, or when property damage is over $1,000. The usual window is 10 days. This DMV report is not the same thing as calling police, and missing it can create headaches later.
If the driver fled, we still have options. This guide can help us understand coverage paths and next steps: Los Angeles hit and run compensation guide.
Getting paid for our injuries: damages, settlement value factors, and insurance tactics
When we’re injured as pedestrians, compensation is supposed to cover the full impact, not just the ER visit. Insurers often try to turn the claim into a math problem, but the real story is how the injury changed our day-to-day life.
Online settlement calculators usually miss the point because they can’t measure the quality of proof, the seriousness of treatment, or how believable the case looks to a jury.
What a pedestrian injury settlement can include in California
Most pedestrian claims include two main buckets:
- Economic damages: medical bills, rehab, medication, future care, lost wages, and reduced earning ability.
- Non-economic damages: pain, stress, sleep problems, anxiety around traffic, and loss of normal activities.
Documentation is what turns losses into dollars. Medical records show diagnosis and treatment, wage records show time missed, and a symptom journal shows what we lived through between appointments.
An anonymized example of why some claims are higher: a pedestrian is hit during a turning movement, needs surgery and months of physical therapy, and can’t return to work for a long stretch. Strong evidence, consistent care, and clear long-term limits often raise settlement value. Outcomes always depend on facts, coverage, and proof, so we don’t treat any example like a promise.
Common insurance company tactics after a pedestrian crash, and how we protect ourselves
Insurers have patterns, and we see them over and over:
- Quick low offers before we know the full medical picture.
- Recorded statements designed to lock us into a version of events.
- Blame shifting: “You crossed outside the lines,” “You came out of nowhere,” “You were looking at your phone.”
- Gaps in treatment used to argue we weren’t really hurt.
- Pre-existing injury arguments: they may claim our pain was “already there.”
- Social media checks looking for photos they can twist.
A simple approach usually works best:
- Do keep conversations short and factual.
- Don’t guess, argue, or volunteer extra details.
- Do get medical care and follow the plan.
- Don’t sign releases or accept a settlement without understanding future care needs.
Deadlines and when we should talk to a Los Angeles pedestrian accident lawyer
Deadlines are where good cases go to die. Waiting can also erase proof, security video gets overwritten, witnesses forget details, and the scene changes.
Statute of limitations in California, and the shorter deadline for government claims
In most California pedestrian injury cases, we generally have two years to file a personal injury lawsuit. But government-related cases can move on a much shorter clock.
If a city or public agency may share responsibility, for example a broken traffic signal, a dangerous intersection design, poor lighting, or a sidewalk defect that forced us into the street, we may need to file an administrative government claim, often due in about six months. Sidewalk hazards like uneven slabs, tree root lift, potholes, and sudden changes in elevation can also matter, especially when maintenance was ignored during seasonal changes that crack pavement.
Signs we need legal help right away, and when a smaller claim might be handled without it
We usually recommend legal help when we see red flags like:
- Fractures, head injury, surgery, or lasting pain
- Hit-and-run or uninsured driver issues
- Fault disputes or no witnesses
- Multiple vehicles, commercial drivers, or rideshare involvement
- Long recovery, missed work, or prior injuries insurers will blame
- Pressure to settle fast
A smaller claim might be handled without a lawyer when injuries are minor, fault is clear, treatment is short, and we fully recover. Even then, the risk is undervaluation, because insurers may still discount pain and missed time.
When we do help, our approach is simple: direct communication with our lawyer, frequent updates, and contingency fees (we only get paid if we win). More details are here: Encino pedestrian accident attorney services.
Pedestrian accident FAQs (California and Los Angeles)
Do pedestrians always have the right-of-way in California? No. We often do in crosswalks and with walk signals, but we still must use reasonable care.
Can we recover money if we crossed outside a crosswalk? Often yes. Comparative negligence can reduce recovery, but it doesn’t automatically wipe it out.
Should we talk to the at-fault driver’s insurance adjuster? We can, but we should avoid recorded statements and stick to basics until we understand our injuries and rights.
What if we were hit in a parking lot? Many parking lots have poor lighting, bad signage, and tight turns. Liability still applies, and injuries can be serious.
What if a bad sidewalk or broken signal played a role? A public entity may share fault, and the deadline can be much shorter than a normal injury case.
How long does a pedestrian accident case take? Some settle in months, others take longer if treatment is ongoing or insurers dispute fault. Trials can take much longer.
What helps most with settlement value? Consistent medical care, strong evidence, clear wage loss proof, and a record of how the injury changed daily life.
Conclusion
Pedestrians in California have meaningful rights, especially in crosswalks and at intersections, but insurers still push hard to shift blame. When we know the right-of-way basics, understand comparative negligence, and document the scene and our injuries, we put ourselves in a much stronger position.
The practical steps matter: get medical care, report the crash when required (including DMV reporting), keep evidence, and watch the deadlines. If a public agency might be involved, the clock can be far shorter than people expect.
Before we accept any settlement, we should make sure we understand the full cost of recovery. When injuries are serious or fault is disputed, getting a legal review early can protect our health and our future.