What to Do After a Pedestrian Accident in Los Angeles

If you were hit by a car while walking in Los Angeles, do four things: get medical care, make sure a police report is written, save every photo and witness name you can, and say nothing to the driver's insurer until you know your rights. California gives most injured pedestrians two years to file a lawsuit, but a claim against a city or county bus can expire in as little as six months.

Walking here means crossing wide, fast arterial streets. The pattern repeats in Long Beach, Inglewood, Pasadena, Glendale, Torrance, Downey, Compton, Culver City, and Santa Monica: long blocks, multi-lane crossings, and drivers turning across a crosswalk while hunting for a gap in traffic instead of looking for a person. A pedestrian has no bumper and no airbag, so even a low-speed impact sends people to the hospital.

What should I do in the first hour after being hit by a car?

Get checked by paramedics even if you can stand up and talk. Head injuries, internal bleeding, and torn ligaments often feel manageable while adrenaline is up and become obvious the next morning. A medical record created the same day is the strongest evidence that the crash caused your injury.

1. Call 911 and ask for both police and paramedics. In the City of Los Angeles that brings LAPD; on a freeway ramp or unincorporated county road, CHP; in Long Beach, Pasadena, Glendale, Santa Monica, Torrance, Inglewood, Downey, or Culver City, that city's own department.
2. Photograph the driver's license, plate, and insurance card rather than writing the details down.
3. Photograph the scene before anything moves: crosswalk markings, the signal, the car's position and damage, skid marks, and your injuries.
4. Get names and numbers from witnesses. People leave before officers finish, and the report will not list someone who walked away.

Do I need a police report to make a pedestrian injury claim?

No, a report is not legally required to bring a civil claim, but it matters a great deal. A traffic collision report puts the officer's diagram, the parties, the statements, and any citation into one document the insurance company cannot ignore. If police did not respond, or the report has your direction of travel backwards, you can request a correction or supplement from the reporting agency. Ask for the report number at the scene; most Los Angeles County agencies take a week or more to release a finished report.

Who is at fault when a pedestrian is hit in California?

California Vehicle Code section 21950 requires drivers to yield the right-of-way to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection, and it also requires drivers to use due care and reduce speed for pedestrians generally. The same section says a pedestrian may not suddenly leave a curb into the path of a vehicle that is close enough to be an immediate hazard. Vehicle Code section 21954 says a pedestrian crossing outside a crosswalk must yield to vehicles, but it also states plainly that this does not relieve a driver of the duty to exercise due care.

That last point is why "you were jaywalking" does not end a case. Under California's pure comparative fault rule, from Civil Code section 1714 and Li v. Yellow Cab Co., fault is split by percentage: 30 percent on you for crossing mid-block and 70 percent on a speeding driver reduces your damages by 30 percent rather than erasing them. Adjusters routinely overstate your share, so have the collision investigated before agreeing to any number.

How long do I have to file a pedestrian accident claim?

For an ordinary claim against a private driver, California Code of Civil Procedure section 335.1 gives you two years from the date of injury to file a lawsuit. Miss it and the claim is generally gone regardless of how strong it was.

Two exceptions matter constantly here. If a public entity is involved — a Metro bus, a city truck, a dangerous road condition — Government Code section 911.2 requires a written claim to that entity within six months before you can sue. And if the injured person is a minor, the two-year clock is generally tolled until their 18th birthday under Code of Civil Procedure section 352.

What should I say to the driver's insurance company?

Give your name and confirm the date and location. Decline a recorded statement and any blanket medical authorization until you have advice. Recorded statements are taken while you are medicated and before you know the extent of your injuries, and a casual "I'm okay, just sore" gets quoted back months later against a surgery recommendation.

Check your own auto policy even though you were on foot. Uninsured and underinsured motorist coverage commonly follows the insured person as a pedestrian, and it becomes the main source of recovery in a hit-and-run or against a minimum-limits driver.

What compensation can a pedestrian recover?

California allows economic damages — emergency and ongoing treatment, future care, lost wages, and lost earning capacity — plus non-economic damages for pain, suffering, and disfigurement. When a collision causes a brain injury or permanent impairment, future care usually dwarfs the emergency bill, which is why these claims should not be settled before doctors know the long-term picture. Where a pedestrian does not survive, Code of Civil Procedure section 377.60 identifies the family members who may bring a wrongful death claim.

Related help from this office

Pedestrian collisions overlap with other claims this office handles. The liability and insurance analysis tracks our Los Angeles car accident injury page. A head injury adds the issues in our traumatic brain injury guide. Permanent orthopedic and spinal harm is covered on our catastrophic injury page, and families who lost someone should read our wrongful death guide. For street-level context, see our Los Angeles car accident location page.

Frequently Asked Questions

Can I still recover money if I was crossing outside a crosswalk?

Usually yes. Pure comparative fault reduces your recovery by your share of responsibility rather than barring the claim, and Vehicle Code section 21954 still requires drivers to use due care toward pedestrians outside crosswalks.

What if the driver fled the scene?

Report it to police immediately and look for nearby business, doorbell, and traffic camera footage within days, before it is overwritten. Uninsured motorist coverage on your policy, or a household member's, often applies to a pedestrian struck by an unidentified driver.

A Metro bus or city vehicle hit me. Is the deadline different?

Yes. Public-entity claims generally require a written government claim within six months under Government Code section 911.2, well before the two-year lawsuit deadline. Treat a bus, city truck, or roadway-condition case as urgent.

Does it cost anything to have a pedestrian case reviewed?

The Law Office of Sam Schmuel handles personal injury matters on a contingency basis — no attorney fee unless there is a recovery. California Business and Professions Code section 6147 requires that arrangement to be in a written agreement you receive a copy of.

Do you handle pedestrian cases outside the City of Los Angeles?

Yes. The office serves clients across Los Angeles County, including Long Beach, Pasadena, Glendale, Santa Monica, Torrance, Inglewood, Culver City, Downey, and Compton.

Talk it through before you sign anything

If you were hurt walking in Los Angeles County, an early conversation is worth more than a late one. Call (310) 601-7289 or use the contact form on this site. Consultations are available in English and Spanish.

This is general information, not legal advice. Prior results do not guarantee a similar outcome. Reading this page does not create an attorney-client relationship.