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.
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 § 21950An 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 § 5433The 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, 911.2Your 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 § 11580.2Crosswalk or not
Can I make a claim if I crossed outside a crosswalk?
AI-generated illustrationDrivers must yield to people in a crosswalk · Cal. Veh. Code § 21950The 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.
You can still have a claim. Outside a crosswalk the pedestrian must yield, but the driver still has a duty to drive with care for everyone’s safety.
Your compensation may be reduced by your share of fault, not erased. And since 2023, crossing mid-block is only ticketed when there is an immediate danger of a collision.
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
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.
- 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.
- 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.
- 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.
- 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.
- 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?
Start now
Evidence disappears fast. Video is often recorded over in days.
Public agency claim
Claim against the City of LA, LA County or Metro (Gov. Code § 911.2).
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
Call 911 and get checked
Some injuries, like concussions and internal bleeding, don’t hurt right away.
Get the driver's information
Name, license, plate, insurance company and policy number.
Take photos and find witnesses
Photograph the crosswalk, the signal and your injuries before anything changes.
Keep every bill and receipt
Medical bills, pharmacy receipts, rides and missed work.
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 freeWatch · 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?
What if the driver has no insurance?
I was hit by a Metro bus. Is it different?
Is jaywalking still illegal in California?
I didn't feel hurt at first. Can I still make a claim?
The insurance company already sent me a check. Should I cash it?
Does my immigration status matter?
How much is my pedestrian case worth?
Keep reading
Sources
- LAist, “Once again, more people were killed in collisions on LA streets than homicides” (Feb. 11, 2026)
- California Vehicle Code § 21950 (right-of-way in crosswalks)
- California Vehicle Code § 21954 (pedestrians outside crosswalks)
- Assembly Bill 2147, Freedom to Walk Act (2022)
- California Code of Civil Procedure § 335.1 (two-year deadline)
- California Government Code § 911.2 (six-month claim against public entities)
- California Government Code § 835 (dangerous condition of public property)
- California Public Utilities Code § 5433 (rideshare insurance)
- California Insurance Code § 11580.2 (uninsured motorist coverage)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault)
- Los Angeles City Attorney, Claims
- Los Angeles Superior Court, FAQ: Personal Injury Cases in District Locations
- California Evidence Code § 351.2 (immigration status)
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case is different. Attorney advertising. Prior results do not guarantee a similar outcome. In states where Beverly Law attorneys are not licensed, cases are handled together with licensed local counsel. Reach out to an attorney, as every case differs. Last reviewed: October 2, 2026.