Pedestrian accidents in California
A pedestrian hit by a car has no vehicle, no airbag and no crumple zone, so injuries tend to be serious. The claim is against the driver — but your own auto policy can matter even though you were on foot.
Right of way
California’s vehicle code requires drivers to yield to pedestrians in marked and unmarked crosswalks at intersections. Drivers also owe pedestrians ordinary care everywhere else, including a pedestrian crossing mid-block.
Whose insurance pays
The driver’s liability insurance pays first. If the driver was uninsured, underinsured or fled, your own auto policy’s uninsured/underinsured motorist coverage usually covers you as a pedestrian too — even though you were not in your car.
Fault
Under California’s pure comparative fault rule, a driver found 30% at fault recovers 70% of their damages, and a driver found 80% at fault still recovers 20%.
Crossing outside a crosswalk does not by itself defeat a claim; it becomes one factor in the fault split.
Source: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Deadlines
2 years (Cal. Code Civ. Proc. § 335.1). If a government vehicle or a road defect was involved, a much shorter clock applies. A written claim must be presented to the public entity within six months of the crash, before any lawsuit can be filed.
Real California results
Documented California verdicts and settlements from public court records.
| Case | Type | Result |
|---|---|---|
Alejandra Gonzalez v. County of Los Angeles Los Angeles County, 2026 · Car accident | Car accident | $1,500,000 settlement |
Jennifer Orta v. Matthew Bogy San Bernardino County, 2026 · Intersection crash | Intersection crash | $659,626 verdict |
Tito Flores v. CDS Equipment Los Angeles County, 2025 · Truck accident | Truck accident | $1,500,000 settlement |
Unger v. Greenberg Los Angeles County, 2023 · Car accident | Car accident | $600,000 settlement |
Cruz Luis v. Estate of Molloy Los Angeles County, 2025 · Rear-end collision | Rear-end collision | $1,425,000 settlement |
Real cases, shown as recorded in public court records. Verdicts are jury awards; settlements are agreed payments. They are other people’s cases and not predictions of what your case is worth. Every case is different. Prior results do not guarantee a similar outcome.
Frequently asked questions
Does my car insurance cover me if I was hit while walking?
Often, yes. Uninsured/underinsured motorist coverage typically follows the policyholder, including as a pedestrian. Check your policy’s definitions.
Can I recover if I was jaywalking in California?
Under California’s pure comparative fault rule, a driver found 30% at fault recovers 70% of their damages, and a driver found 80% at fault still recovers 20%.
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This page is general information about California law, reviewed September 2026. It is not legal advice, laws change, and the right answer for your claim depends on its facts. CaseChecker.ai is not a law firm; it connects people with independent attorneys licensed in their state.