Why California Pedestrians Face Deadly Odds Every Day
Need a lawyer for pedestrian hit by car claims? Call one as soon as you can safely pick up the phone. Early legal help keeps evidence from disappearing and stops insurers from bullying you.
California streets are dangerous for people on foot. In the first half of 2023 alone the state logged 498 pedestrian deaths—more than any other state. On average two pedestrians die and 33 are hurt every day here.
When a 3,000-pound vehicle meets an unprotected body, injuries are almost always severe: broken bones, head and spine trauma, and internal bleeding. Medical bills pile up while you miss paychecks, and insurers rush in with low offers.
When should you reach out to an attorney?
- Immediately after any collision
- Serious injuries (ER visits, surgery, hospital stay)
- Insurance disputes or low offers
- Fault questions (driver blames you)
- Multiple parties (rideshare, delivery van, city road defect)
What an attorney does for you:
- Secure crash-scene evidence and witness statements
- Deal with every insurance call
- Calculate full damages, future care included
- Apply California’s complex pedestrian and comparative-fault laws
- Negotiate or, if needed, file suit and try the case
California’s fatality rate for walkers is 25 % higher than the national average. Alcohol or drug impairment appears in nearly half of serious crashes, and head/neck injuries strike 38 % of victims. Studies show having counsel boosts compensation by roughly 30 %.
The legal maze features comparative negligence rules, strict filing deadlines—two years for most claims, six months when a government entity is involved—and multiple possible insurance policies. Trying to steer that alone is risky; let a professional guide you.
Immediate Steps After Being Hit by a Car
Seconds after impact, adrenaline can trick you into thinking you’re okay, so treat every crash as an emergency.
- Call 911. Police and paramedics create the first official record of what happened.
- Stick to facts when speaking with officers. Avoid words that sound like you’re accepting blame.
- Swap information—driver’s license, insurance, license plate—but let police supervise the exchange.
- Photograph everything: vehicle damage, skid marks, traffic lights, your torn clothing, and any visible injuries.
- Collect witness contacts before they walk away.
- Get medical care the same day, even if pain hasn’t set in yet. ER doctors run scans that catch hidden injuries.
- Stay off social media. A smiling photo the next morning can tank your claim.
On-Scene Survival Guide
If you can move safely, step out of traffic. If you can’t, ask a bystander to direct cars around you. When the dispatcher answers, clearly state that a pedestrian was struck, then give the nearest intersection.
The First 72-Hour Medical Timeline
- 0–6 hours: Shock hides pain; ER imaging spots fractures and bleeding.
- 6–24 hours: Swelling peaks; soft-tissue and brain injuries reveal themselves.
- 48–72 hours: Delayed concussion symptoms (headache, dizziness, memory gaps) may appear—return to the doctor immediately.
Save every bill, prescription, and medical note. If you lack health insurance, many providers accept lien care, meaning they’re paid from your eventual settlement.
Early documentation protects both your body and your eventual legal case.
Lawyer for Pedestrian Hit by Car: Your Rights and Choosing Counsel
Most people assume pedestrians always have the right-of-way. California law is kinder than many states, yet still shares responsibility between walkers and drivers.
• Vehicle Code § 21950: pedestrians have priority in marked and unmarked crosswalks, but must act with due care.
• Freedom to Walk Act (AB 2147): police may cite jaywalking only when there is immediate danger. Practical, not punitive.
• Pure comparative negligence: even if you were partly at fault, you still recover the driver’s percentage of the damages.
Deadlines matter: two years to sue a private driver, six months to lodge a claim against a city, county, or state agency.
Do You Really Need a Lawyer?
Insurance carriers have investigators and adjusters whose sole job is to pay you as little as possible. Severe injuries, multiple insurers, government involvement, or any dispute about fault are clear signals you need legal help. Statistics show represented clients walk away with meaningfully larger net recoveries.
Comparative Negligence & Jaywalking
Crossing mid-block at night in dark clothes might put you 25 % at fault, but a speeding, texting driver could bear 75 %. On a $200,000 loss that’s still $150,000 for you.
To see how national agencies view pedestrian danger, check the NHTSA pedestrian safety page.
Understanding Contingency Fees
Most firms—ours included—charge 33–40 % of the amount recovered and nothing upfront. The percentage can be negotiable where liability is crystal-clear or the case resolves quickly. Focus on the net result, not just the fee number.
Gathering Evidence & Dealing with Insurance for Maximum Compensation
Your case is only as strong as the proof you collect.
- Police report: cornerstone document; get the report number before you leave the ER.
- Surveillance footage: nearby stores often overwrite video in 30–90 days—act fast.
- Witness statements: neutral voices that back up your version.
- Medical records: show the injury timeline and rule out pre-existing conditions.
- Accident reconstruction: laser mapping, speed analysis, and visibility studies answer technical questions.
Insurance Company Playbook
Adjusters move quickly to:
- Get a recorded statement and twist your words.
- Make a quick, low offer while bills mount.
- Claim you were at fault or that injuries are pre-existing.
- Delay payment to pressure you.
A lawyer absorbs these calls so you can heal.
Remember: your own UM/UIM coverage, medical payments, or household policies may apply even though you were walking. A thorough review uncovers hidden pockets of money.
Building a Damages Package
- Economic: past/future medical care, lost wages, household help, mobility equipment.
- Non-economic: pain, suffering, anxiety, loss of hobbies, impact on relationships.
- Future costs: life-care planners and vocational experts estimate long-term needs.
- Punitive (rare): possible for drunk or hit-and-run drivers.
Settlement vs. Trial
| Settlement | Trial |
|---|---|
| 6–18 months typical | 2–4 years typical |
| Guaranteed money | Possible higher award or nothing |
| Lower legal cost | More expense, public record |
Most cases resolve out of court, but insurers only pay fair value when they know your lawyer is ready and willing to try the case if needed.
Frequently Asked Questions about Lawyer for Pedestrian Hit by Car
How long do I have to file a claim in California?
Most claims: 2 years from the crash. Government-related hazards: 6 months to file a tort claim. Miss the window and the case disappears, no matter how strong the facts.
Can I recover damages if I was outside a crosswalk?
Yes. California’s pure comparative negligence simply reduces, not eliminates, your award. If you’re 30 % at fault and losses total $200,000, you still collect $140,000.
What if the driver was uninsured or fled the scene?
File a police report immediately, then tap uninsured-motorist coverage on your own auto policy or that of a household member. Investigators can often locate hit-and-run drivers through security video, paint transfer, or eyewitness details. Even when the at-fault driver remains unknown, UM coverage frequently makes victims whole.
Conclusion
Being struck by a car as a pedestrian is one of life’s most frightening experiences. The numbers tell a stark story – 498 deaths in just the first half of 2023 and a fatality rate 25% higher than the national average – but behind each statistic is a real person whose life changed in an instant.
Your journey to recovery starts the moment you’re hit. Getting immediate medical attention protects your health, while documenting everything protects your legal rights. California’s comparative negligence laws mean you can recover compensation even if you were partially at fault, but navigating insurance companies and legal deadlines requires knowledge most people don’t have.
The difference between handling your case alone versus hiring a lawyer for pedestrian hit by car cases is substantial. Research consistently shows that attorney representation results in 30% more compensation on average. When you’re facing medical bills that could reach hundreds of thousands of dollars, that difference becomes life-changing.
At Adam Krolikowski Law Firm, we’ve walked alongside pedestrian accident victims for over 25 years. We’ve seen how these cases unfold – the initial shock, the mounting medical bills, the insurance company tactics, and ultimately, the relief when fair compensation arrives.
What sets us apart is our willingness to handle complex cases that other attorneys might not take. Whether you were jaywalking when hit, the driver fled the scene, or a government entity contributed through poor road design, we know how to build winning cases from challenging facts.
We work on contingency, which means you pay nothing upfront and no fees unless we successfully recover compensation for you. This isn’t just about making legal services accessible – it aligns our interests with yours. We only win when you win.
Time moves quickly after a pedestrian accident. Evidence disappears after 30-90 days, witness memories fade, and you have strict deadlines – two years for most claims, six months for government cases. Meanwhile, insurance adjusters are already working to minimize your claim.
Don’t face this alone. If you’ve been struck by a vehicle anywhere in California, contact us immediately for a free consultation. We’ll review your case, explain your rights in plain English, and help you understand what fair compensation looks like for your specific situation.
More info about our pedestrian accident representation
Your focus should be on healing, not fighting insurance companies. Let us handle the legal complexities while you concentrate on getting your life back on track.