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I Was Hit While Crossing the Street in Los Angeles. Who Pays, and Can I Make a Claim?

Beverly Law
Published by Beverly Law
Beverly Law editorial team · last reviewed October 2, 2026
Last reviewed: October 2, 2026·7 min read·Beverly Law editorial team·También en Español

The short answer

  • Usually, yes. In California, the driver who fails to yield or drives carelessly is typically responsible, and their insurance pays.
  • Outside a crosswalk? You can still recover. California reduces your award by your share of fault. It does not wipe it out.
  • Watch the clock. 2 years to file a lawsuit, but only 6 months if the city, the county or Metro is involved.
  • Don't accept the insurer's first offer before you talk to a lawyer. Early offers rarely cover future medical care.
290people died in traffic crashes in the City of LA in 2025
150+of those deadly crashes involved a pedestrian
2 yrsto file an injury lawsuit in California
6 moto file a claim against a public agency

Sources: LAist, Feb. 2026 (city data); Cal. Code Civ. Proc. § 335.1; Cal. Gov. Code § 911.2.

Who is responsible

Who can pay for a pedestrian injury in LA?

More than one party can share the blame. Finding every one of them is how a case reaches its full value.

The driver

Failing to yield, speeding, texting, running a red light or turning without looking. Their liability insurance is the first place compensation comes from.

Cal. Veh. Code § 21950

An employer or rideshare company

If the driver was working or on an Uber or Lyft trip, a company policy may apply. Rideshare coverage during a trip is $1 million.

Cal. Pub. Util. Code § 5433

The city, the county or Metro

A broken signal, a faded crosswalk or a city bus can make a public agency responsible. These claims have a 6-month deadline.

Cal. Gov. Code §§ 835, 911.2

Your own insurance

If the driver fled or had no insurance, your own auto policy’s uninsured motorist coverage can often pay, even though you were on foot.

Cal. Ins. Code § 11580.2

Crosswalk or not

Can I make a claim if I crossed outside a crosswalk?

A woman crossing at a Los Angeles crosswalk while a car waits at the stop lineAI-generated illustrationDrivers must yield to people in a crosswalk · Cal. Veh. Code § 21950

The driver must yield. California law requires drivers to yield the right-of-way to a pedestrian in any marked or unmarked crosswalk at an intersection.

Unmarked crosswalks count too. Most intersections have one, even with no paint on the road.

Shared fault

What if I was partly at fault?

California uses “pure comparative fault.” You can recover even if you were mostly at fault; your award just goes down by your percentage. Move the slider to see how it works.

Shared-fault example

$100,000
20%
You recoverReduced for your share
You could still recover$80,00020% less than the full $100,000

Illustration only. Real results depend on the evidence, the insurance available and many other facts. It is not a prediction of any case.

Read this before you answer the phone

What the insurance company won't tell you

The adjuster who calls you works for the driver’s insurance company. Their job is to close your claim for as little as possible.

The first offer is a starting point, not the value of your case

“We can send you a check this week.”

A fast offer usually arrives before anyone knows what your treatment will cost. Once you sign a release, you cannot ask for more, even if you need surgery later.

A recorded statement can be used against you

“We just need your version for the file.”

You are not required to give the other driver’s insurer a recorded statement. Small words like “I’m fine” or “I didn’t see the car” are used later to cut your claim.

They will look for a way to blame you

“You weren't in the crosswalk, were you?”

Every point of fault they put on you lowers what they pay. Where you crossed, what you wore and whether you looked at your phone will all be questioned.

Gaps in treatment lower the offer

“If you were really hurt, you would have seen a doctor.”

Insurers read a missed appointment as proof you healed. See a doctor right away and follow the treatment plan.

A worked example

How a typical Los Angeles pedestrian claim moves

A made-up case to show the order of events. It is not a real client and not a prediction.

  1. Day 1: the crash

    A woman is crossing in a marked crosswalk in Koreatown with the walk signal. A driver turning left hits her. Police take a report and an ambulance takes her to the ER.

  2. Week 1: the call

    The driver’s insurer calls and offers a few thousand dollars to “wrap this up.” She has a broken wrist and has not seen a specialist yet. She does not sign.

  3. Weeks 2 to 12: evidence and treatment

    Her lawyer requests the police report, asks nearby businesses to save their video before it is erased, and collects medical records while she finishes treatment.

  4. After treatment: the demand

    With the full medical bills, lost pay and a doctor’s opinion on future care, the lawyer sends the insurer a demand backed by documents.

  5. Negotiation or lawsuit

    Most claims settle in negotiation. If the insurer will not pay a fair amount, a lawsuit must be filed before the 2-year deadline.

Hypothetical example for illustration only. Every case is different.

Los Angeles specifics

What is different about a claim in Los Angeles

Claims against the City of LA

A claim for injury must be filed with the Los Angeles City Clerk within 6 months, online or at 200 N. Spring St., Room 395. The City Attorney’s office then investigates it.

Where the case is filed

Since October 2022, LA Superior Court hears most injury cases in the courthouse of the district where the crash happened. Central District cases go to the Spring Street Courthouse.

A city with a pedestrian problem

LA counted 290 traffic deaths in 2025, more than its homicides, and more than 150 of the deadly crashes involved someone on foot.

Compensation

What can I recover after a pedestrian accident?

Medical bills

ER, surgery, therapy, medication and future treatment.

Lost income

Missed paychecks and lost ability to earn in the future.

Pain and suffering

Physical pain, anxiety, lost sleep and life changes.

Home help

Care, rides and household help you need while you heal.

Property

Phone, glasses, clothes and anything damaged in the crash.

Punitive damages

Possible in extreme cases, such as a drunk driver.

Evidence

What evidence proves who was responsible?

  • Police reportLAPD or CHP report with the officer’s notes.
  • Video footageStore, home, bus and dashcam video. It is often erased within days.
  • WitnessesNames and phone numbers of anyone who saw it.
  • Photos of the sceneCrosswalk, signal, skid marks, car damage and your injuries.
  • Medical recordsEvery visit, from the ER to physical therapy.
  • Phone recordsCan show the driver was texting or on a call.

Deadlines

How long do I have to file?

Day 1

Start now

Evidence disappears fast. Video is often recorded over in days.

6 months

Public agency claim

Claim against the City of LA, LA County or Metro (Gov. Code § 911.2).

2 years

Injury lawsuit

Deadline to sue the driver in most cases (Code Civ. Proc. § 335.1).

What to do next

5 steps to protect your claim

  1. Call 911 and get checked

    Some injuries, like concussions and internal bleeding, don’t hurt right away.

  2. Get the driver's information

    Name, license, plate, insurance company and policy number.

  3. Take photos and find witnesses

    Photograph the crosswalk, the signal and your injuries before anything changes.

  4. Keep every bill and receipt

    Medical bills, pharmacy receipts, rides and missed work.

  5. Don't sign or accept an offer yet

    Insurance adjusters are trained to settle fast and low. Talk to a lawyer before you give a recorded statement.

How Beverly Law helps

We know how insurers think

  • Former insurance adjusters on our team, so we use their own playbook.
  • We connect you with trusted doctors and treatment, often with no upfront cost.
  • We deal with the insurance company so you can focus on healing.
  • No fee unless we win. Se habla español.

Got an offer from the insurance company? Call us before you accept it.

Review my offer free

Watch · 25 seconds

Hurt in an accident? Call before you talk to the insurance company.

Free consultation, available 24/7. Hablamos español.

Prior results do not guarantee a similar outcome. Results vary by case.

FAQ

Frequently asked questions

What if the driver left the scene?
Call the police right away and report a hit-and-run. If the driver is never found, your own auto policy’s uninsured motorist coverage can often pay for your injuries, even though you were walking.
What if the driver has no insurance?
Uninsured motorist coverage from your own policy, or from a policy in your household, may apply. A lawyer can check every policy that could cover you.
I was hit by a Metro bus. Is it different?
Yes. Claims against public agencies like LA Metro must be presented within 6 months, and there are special forms. Don’t wait.
Is jaywalking still illegal in California?
Since 2023, police can only cite a pedestrian for crossing outside a crosswalk when there is an immediate danger of a collision (the Freedom to Walk Act). Either way, a driver still has to drive with care, and you may still have a claim.
I didn't feel hurt at first. Can I still make a claim?
Yes. Many injuries show up hours or days later. See a doctor as soon as possible so the records connect your injury to the crash.
The insurance company already sent me a check. Should I cash it?
Read what comes with it first. Cashing a check or signing a release can close your claim for good. Ask a lawyer to look at it before you do anything.
Does my immigration status matter?
No. In California, a person’s immigration status does not affect the right to compensation, and in a personal injury case it cannot be brought in as evidence or asked about in discovery (Cal. Evidence Code § 351.2).
How much is my pedestrian case worth?
It depends on your injuries, medical costs, lost income, shared fault and the insurance available. No honest lawyer can give a number before reviewing your case.

Free, private case review

Reach out to an attorney, as every case differs.

Every accident has its own facts, its own insurance and its own deadlines. Tell us what happened and we will tell you what your options are, at no cost.

Call or text: 1 (877) 427-2752
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