If a car hit you while you were walking, you can usually claim against the driver’s insurance for medical bills, lost pay and pain. The general deadline to sue is two years in California and Texas and three years in Washington, and much shorter if a city, county or state vehicle or road is involved (California Courts, Tex. Civ. Prac. & Rem. Code 16.003, RCW 4.16.080).
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How common are pedestrian crashes?
NHTSA counted 7,314 pedestrians killed and an estimated 68,244 injured in U.S. traffic crashes in 2023. Pedestrians were 18 percent of all traffic deaths, 77 percent of pedestrian deaths happened in the dark, and 74 percent happened away from intersections (NHTSA). Those numbers matter in a claim, because insurers often argue about lighting, clothing and where the person crossed.
Who has the right of way in a crosswalk?
Each state puts a duty on the driver at crosswalks, and a duty of care on the person walking.
| State | Driver’s duty | Pedestrian’s duty |
|---|---|---|
| California | Yield to a pedestrian in a marked crosswalk or an unmarked crosswalk at an intersection, and slow down as needed (Veh. Code 21950) | Do not suddenly step into the path of a car that is too close; outside a crosswalk, yield to vehicles so near as to be a hazard (Veh. Code 21954) |
| Texas | Stop and yield to a pedestrian on a “Walk” signal, or in a crosswalk with no working signal when the pedestrian is on the driver’s half of the road or close to it (Transp. Code 552.002, 552.003) | Do not start crossing against “Don’t Walk,” and do not leave the curb when a car cannot stop |
| Washington | Stop and stay stopped for a pedestrian in a marked or unmarked crosswalk who is on, or within one lane of, the driver’s half of the road (RCW 46.61.235) | Do not suddenly leave the curb into the path of a vehicle too close to stop |
California’s outside-the-crosswalk rule also says it does not relieve the driver of the duty to use due care for any pedestrian. Crossing mid-block does not automatically end your claim.
What if they say I was partly at fault?
Each state handles shared fault differently. California uses pure comparative fault, so your recovery is reduced by your share but not barred (B.B. v. County of Los Angeles). Texas bars recovery if you are more than 50 percent responsible (Tex. Civ. Prac. & Rem. Code 33.001). Washington reduces the award by your share of fault but does not bar recovery (RCW 4.22.005).
Evidence that often decides fault: traffic camera or business video, the signal timing, skid marks and vehicle damage, the driver’s phone records, and witnesses who saw the light. Much of that disappears within days or weeks, so ask for it in writing early.
What if a city bus, police car or bad crosswalk was involved?
Claims against public agencies start with a written claim and a short deadline. In California, an injury claim must be presented within six months (Gov. Code 911.2). Texas gives a governmental unit the right to notice within six months, and a city charter can set its own period (Tex. Civ. Prac. & Rem. Code 101.101). In Washington, you must wait 60 days after presenting a claim to a local government before suing (RCW 4.96.020). For Los Angeles, see our page on claims after a City vehicle crash.
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Who pays if the driver had no insurance or drove away?
Your own auto policy may help even though you were walking, if it includes uninsured motorist coverage, and health insurance can cover treatment in the meantime. For California details, read who pays when an uninsured driver hits a pedestrian. After a hit and run, report to police right away and ask nearby businesses to save their video.
What to do now
- Get medical care, even if you can walk away.
- Report the crash to police and get the report number.
- Photograph the crosswalk, signals, lighting and your injuries.
- Write down witness names and ask nearby businesses to keep video.
- Do not give a recorded statement to the driver’s insurer yet.
- If a public vehicle or road was involved, note the six-month deadline in CA and TX.
- Call a lawyer for a free review.
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Call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
Can I make a claim if I am not a U.S. citizen?
Generally, yes. In California personal injury cases, evidence of immigration status is not admissible and discovery into it is not allowed (Evid. Code 351.2).
Does it matter that I crossed outside the crosswalk?
It can reduce what you recover, but drivers still owe a duty of care to pedestrians outside crosswalks.
How much does a pedestrian accident lawyer cost?
Most charge a percentage of the recovery. In California a contingency fee agreement must be in writing and state the rate (Bus. & Prof. Code 6147). At Beverly Law, you owe no fees or costs unless we win.
Do you handle Texas pedestrian cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
What if my child was hit walking to school?
Children’s claims have special rules on deadlines and settlement approval. Call early, especially if a school bus or public road is involved.
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Related pages
Accident Lawyer Guides · Accident lawyer guides · Bicycle accident lawyer · Pedestrian hit by an uninsured driver in California · Hit by a City of Los Angeles vehicle · Law Blog
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Sources
- NHTSA, Pedestrians: 2023 Data (DOT HS 813 727)
- Cal. Veh. Code 21950
- Cal. Veh. Code 21954
- Tex. Transp. Code 552.002, 552.003
- RCW 46.61.235
- California Courts Self-Help, Statute of limitations (Spanish)
- California Courts Self-Help, Statute of limitations
- Cal. Gov. Code 911.2
- Tex. Civ. Prac. & Rem. Code 16.003
- Tex. Civ. Prac. & Rem. Code 101.101
- Tex. Civ. Prac. & Rem. Code 33.001
- RCW 4.16.080
- RCW 4.96.020
- RCW 4.22.005
- B.B. v. County of Los Angeles (Cal. 2020)
- Cal. Evid. Code 351.2
- Cal. Bus. & Prof. Code 6147
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.