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Who pays when a pedestrian is hit
In most cases the driver’s auto liability insurance is the first place to look. For policies issued or renewed since January 1, 2025, California’s minimum is $30,000 for injury to one person (Vehicle Code 16056). Serious pedestrian injuries often cost more than that, so it pays to look for every other source early, before bills pile up and the insurer closes its file.
Your own auto policy may help even though you were on foot. MedPay, if you bought it, pays reasonable medical expenses up to its limit regardless of who was at fault (MedPay coverage). Uninsured motorist coverage may matter if the driver had no insurance. Whether either applies to you as a pedestrian depends on the policy and the facts; a lawyer can check.
If the driver was working at the time, for example making deliveries or driving a company car, the employer may also be responsible. California employers are generally liable for injuries caused by an employee driving within the scope of the job (respondeat superior). Our page on company car accidents explains how that works.
The right-of-way rules for people on foot
California drivers must yield to a pedestrian crossing in a marked crosswalk, or in an unmarked crosswalk at an intersection (Vehicle Code 21950). Many drivers do not realize the rule covers unmarked crosswalks at intersections too. The lack of painted lines does not end the question of who should have stopped, and insurers know that even if they do not say it.
The same law asks something of pedestrians. A person on foot must not suddenly leave a curb and walk into the path of a car so close that it is an immediate hazard. Insurers often lean on this part of the rule. Witness statements, video and the car’s speed usually decide which version of events holds up.
If you were crossing mid-block or against a signal, you may still have a claim. California uses pure comparative fault: your share of fault reduces your damages in proportion but does not bar recovery (Li v. Yellow Cab Co.). See hit in a crosswalk for more on how fault gets divided when the walker had the signal.
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If the driver drove away
A driver in a California crash that injures someone must stop, give their name, address, license and registration, and offer reasonable help. Leaving the scene of an injury crash is a crime (Vehicle Code 20001). Call 911, report it, and write down anything you remember about the car: color, make, damage, and any part of the plate.
If the driver is never found, uninsured motorist coverage on your own policy may still apply to a hit-and-run, as long as the vehicle physically contacted you or your vehicle and the crash was reported in time (Insurance Code 11580.2). For that claim, the crash must be reported to police within 24 hours and a sworn statement given to your insurer within 30 days (Insurance Code 11580.2(b)). Read more on hit and run in California.
What to do now
Get medical care right away and go to every follow-up, even if you walked away from the scene. Head, knee and back injuries can get worse over a few days. Tell each doctor you were hit by a car so the cause is in your records. Keep receipts for prescriptions, rides to appointments, and things like crutches or a brace.
Write down the driver’s name, plate and insurance, plus the names and phone numbers of anyone who saw it. Photograph the corner, the signals, the car and your injuries. Look for cameras on nearby shops and buses, since footage can be erased within days. Ask for the police report; as an injured person you have a right to it (Vehicle Code 20012).
Do not sign a release or give a recorded statement to the driver’s insurer before you talk to a lawyer. Adjusters may ask whether you were on your phone or looked both ways, and a quick answer can be used to shift fault onto you. Our step-by-step guide for California crashes covers the rest.
- See a doctor and keep every appointment
- Save names and phone numbers of witnesses
- Photograph the scene, signals and injuries
- Write down the claim number the insurer gives you
- Keep receipts for every crash-related cost
Deadlines that apply
Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure 335.1). If a city bus or other public vehicle hit you, or a broken signal or road defect played a part, a written claim generally must be presented to the public entity within six months (Government Code 911.2). Those months pass quickly while you heal.
If the crash happened in Washington, the general deadline for an injury lawsuit there is three years (RCW 4.16.080). Whatever the deadline, waiting makes it harder to find video and witnesses. Call Beverly Law at (310) 552-6959 or use the form, and we can look at your situation while you focus on recovery.
Common questions
Can I sue if a car hit me while I was jaywalking?
Often, yes. California’s pure comparative fault rule means your share of fault lowers your recovery in proportion but does not bar it. The driver still has a duty to watch the road. How fault is split depends on speed, lighting, distance and what witnesses and video show.
Who pays my hospital bills if a car hit me while walking?
The driver’s liability insurer usually pays at the end of the claim, not as bills arrive. In the meantime your health insurance, or MedPay on your own auto policy if you have it, may pay first. The answer depends on the policy and the facts; a lawyer can check what applies.
How long do I have to file a pedestrian accident claim in California?
Most injury lawsuits must be filed within two years of the injury. If a government vehicle or a dangerous public road is involved, a written claim generally must be presented within six months. Open the insurance claim right away so evidence like video is preserved.
Do I need a lawyer after being hit as a pedestrian?
You are not required to have one. Pedestrian injuries are often serious, though, and insurers often argue the walker caused the crash. A lawyer can collect video, deal with the adjuster and find every policy that applies. You owe no fees or costs unless we win. See do I need a lawyer.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
Sources
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Veh. Code § 21950(a)-(b)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Veh. Code §§ 20001(a)-(b), 20003(a)-(b)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
- Cal. Veh. Code § 20012
- Cal. Code Civ. Proc. § 335.1
- Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.