Home / What To Do If You Get Hit By A Car While Walking
This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
Gently clear the active roadway to avoid oncoming traffic or secondary vehicle collisions.
Contact emergency dispatchers to request a formal officer report from the California Highway Patrol or a local police department.
Secure the driver's license details, contact numbers, and vehicle insurance policy information at the scene.
Seek an immediate medical evaluation to document hidden physical trauma and link your injuries directly to the crash.
If you get hit by a car while walking in Pleasant Hill, you must immediately move to a safe spot, call the police, gather driver details, and get professional medical care. Cefali & Cefali Personal Injury Lawyers steps in right away to protect your legal rights and preserve vital traffic camera footage before it disappears. Our dedicated local team manages all stressful insurance phone calls so you can focus entirely on your physical healing. Call our trusted local law office today at 949-620-5166 to schedule your completely free case consultation.
Immediate Steps: The Golden Hour After a Pedestrian Accident
The choices you make right after a vehicle collision profoundly shape your physical recovery and subsequent injury claim. Taking fast, deliberate action ensures you preserve vital proof before elements disappear from the roadway scene. Cefali & Cefali Personal Injury Lawyers recommends following these protective measures to shield your health and secure fair civil damages.
Prioritize Safety and Move to a Secure Area
Your immediate priority must be to avoid further physical harm from oncoming neighborhood traffic. Gently move yourself away from the active roadway and sit down safely on a nearby sidewalk structure. If you suffer from severe neck pain or cannot walk, stay completely still to avoid worsening your pedestrian injuries. Instruct nearby drivers to activate their hazard lights to alert other motorists approaching the collision spot. Remaining calm allows you to assess your physical state while waiting for emergency assistance to arrive.
Contact Law Enforcement and Emergency Services
Call emergency services immediately to report the traffic crash to local public safety operators. Request a dispatch unit from the local police department or the California Highway Patrol to ensure official documentation. Emergency medical teams must examine your physical state on-site to address hidden traumas like internal bleeding. Cooperate fully during your police interactions, but avoid making casual statements that imply you share fault for the accident. The responding officer will generate a formal police report that serves as a cornerstone for your personal injury claim.
Identifying the Driver and Gathering Vehicle Information
Exchange vital legal details with the motor vehicle operator who struck you as you wait for law enforcement. Ask to see their current driver's license, personal contact information, and corporate auto liability coverage documents. Write down the vehicle license plate numbers, car color, and specific automotive model name. If the motorist flees the scene of the accident, quickly record their direction of travel and distinctive physical traits. This data ensures your pedestrian accident lawyer can track down the responsible carrier to file your civil lawsuit.
Collecting On-Scene Evidence and Witness Statements
Use your smartphone camera to capture comprehensive, high-resolution photographs of the entire crash scene. Photograph broken automotive glass, distinct tire skid marks, local road signs, and active crosswalk traffic signals. Approach nearby individuals who watched the accident happen and ask to collect their formal witness statements. Request their full names and reliable telephone numbers so your injury attorney can call them later. This independent on-scene evidence prevents the driver's insurance company from altering facts or changing their story.
The Importance of a Police Report and Official Documentation
An official police report provides an objective, third-party evaluation of the circumstances of the crosswalk collision. The responding officer notes the current weather conditions, documents the vehicle's points of impact, and assigns initial driving fault. Insurance adjusters rely heavily on these public safety files when evaluating the validity of an injury claim. Our support staff retrieves these public files from law enforcement agencies to build your personal injury case. This official documentation eliminates an insurance company's ability to deny that the vehicle collision actually happened.
Following these immediate steps establishes a clear foundation for your upcoming civil personal injury claim. Gathering physical evidence right away prevents corporate insurance companies from minimizing your painful pedestrian injuries.
Prioritizing Your Health: Medical Care and Injury Documentation
Protecting your physical health must remain your main focus after a sudden vehicle collision. Seeking immediate care also creates a clean timeline that connects your injuries directly to the accident. Cefali & Cefali Personal Injury Lawyers uses your official medical bills and treatment history to build a strong civil case.
Why an Immediate Medical Evaluation is Essential (Even Without Visible Injuries)
Going to an emergency room right away protects your well-being and preserves your legal rights. Adrenaline spikes frequently mask severe pain and hide serious internal injuries immediately after a pedestrian accident. Delaying a medical evaluation gives insurance adjusters a chance to claim your injuries happened somewhere else. Doctors must perform diagnostic scans to catch underlying conditions before they become life-threatening problems. Getting professional medical care right away establishes a clear link between the crash and your physical trauma.
Identifying Common Pedestrian Injuries: From Soft Tissue to TBI
Walkers have zero structural protection when a heavy passenger car strikes them on California roadways. Impact with a vehicle can cause a traumatic brain injury or permanent spinal cord damage. Victims also suffer from painful soft tissue injuries, deep road rash, and compound bone fractures. Our personal injury lawyers review your medical documentation to understand the full scope of your bodily harm. We make sure the insurance company compensates you for both minor cuts and catastrophic injuries.
The Role of Medical Records in Establishing Causation
Your official medical records serve as the primary evidence in any personal injury claim. These papers contain emergency room notes, diagnostic images, prescription orders, and physical therapy progress reports. Insurance companies review this medical documentation to verify the exact severity of your pedestrian injuries. Clear records prevent defense attorneys from arguing that you had a pre-existing physical condition. Our legal team organizes these files to prove the driver caused your financial losses.
Avoiding Gaps in Treatment That Devalue Your Claim
Missing doctor appointments or stopping therapy early can severely damage your personal injury case. Insurance adjusters closely monitor your timeline and use any gaps in care to reduce your payout. They will claim you are fully healed or argue that your pain and suffering are not serious. Follow your doctor's exact instructions and attend every rehabilitation session to keep your case strong. Consistent treatment shows the court that you are dedicated to making a full physical recovery.
Taking care of your body is the most important step after a dangerous crosswalk crash. Keeping detailed records of your treatment prevents insurance companies from minimizing your real physical suffering.
Understanding Liability and California Pedestrian Laws
Proving who bears legal responsibility for a walking crash requires a deep understanding of state traffic statutes. Motorists and pedestrians both have explicit duties of care when sharing public streets across California. Cefali & Cefali Personal Injury Lawyers masterfully apply these native civil guidelines to establish clear driver fault for your injury claim.
California Vehicle Code § 21950: Right of Way in Crosswalks
The foundational rule for street intersections is set forth in California Vehicle Code § 21950. This statute states that motor vehicle drivers must yield the right of way to any pedestrian crossing within a marked or unmarked crosswalk. Unmarked crosswalks exist automatically by law at nearly any standard intersection where two streets meet at right angles. However, this code section also explains that walkers cannot suddenly leap off a curb directly into the path of an oncoming car. Our personal injury lawyers use traffic camera footage to prove the motorist had plenty of time to stop but failed to yield.
The Freedom to Walk Act: How New Jaywalking Laws Affect Your Case
A major legislative update, Assembly Bill 2147, or the Freedom to Walk Act, changed how law enforcement treats jaywalking. Officers can no longer stop or cite individuals for crossing outside an intersection unless there is an immediate danger of a vehicle collision. This law means walking across a street mid-block is now generally legal as long as the road is completely clear. If a speeding car hits you under these safe conditions, the driver cannot simply claim you were jaywalking to escape blame. Our legal team uses this statutory shift to prevent insurance adjusters from unfairly devaluing your pedestrian accident case.
Comparative Negligence: Can You Still Recover Damages if You Were Partially at Fault?
California uses a pure comparative negligence system to handle personal injury claims in which multiple parties share fault. Under this framework, you can still collect financial compensation even if you contributed to the cause of the vehicle collision. A civil judge or jury will evaluate the evidence from the crash and assign a specific percentage of fault to everyone involved. Your final settlement check for medical bills and lost wages is then reduced by your personal portion of blame. Cefali & Cefali Personal Injury Lawyers works tirelessly to keep your fault percentage as low as possible.
Identifying Third-Party Liability: Dangerous Roadway Design and Municipal Negligence
Some pedestrian accidents occur because of bad infrastructure design rather than a driver's immediate behavior. A local city or government agency may share blame if broken traffic signals or missing road signs caused the crash. Public entities have a strict legal obligation under the state civil code to maintain safe street conditions for active transportation. Proving municipal fault involves ordering official pedestrian safety assessments and reviewing historic regional crash files. Our personal injury lawyers handle these intricate government claims to make sure every single at-fault party pays for your harm.
Understanding your baseline civil rights helps prevent corporate insurance companies from unfairly taking advantage of your family. Drivers who violate traffic safety laws must cover your medical expenses, soft tissue injuries, and emotional trauma. Contact our experienced personal injury law firm right now to ensure our dedicated trial lawyers protect your financial recovery.
Frequently Asked Questions About Pedestrian Accidents in California
What should I do immediately after getting hit by a car while walking?
Move to a safe sidewalk area right away to escape oncoming traffic and call 911 for law enforcement. Exchange insurance information with the driver and take photos of the scene.
Can I still sue if I was hit by a car while walking outside a crosswalk?
Yes, you can still pursue an injury claim because drivers must always exercise due care. California law protects walkers crossing at both marked intersections and unmarked crosswalks.
How do I pay my medical bills if the driver does not have auto insurance?
You can use your personal health insurance or medical payments coverage to address initial bills. Your pedestrian accident lawyer can also look for secondary corporate or third-party liability options.
What happens if a vehicle hits me and then flees the accident scene?
Fleeing an accident scene is a major felony crime under the California Vehicle Code. Law enforcement will use regional traffic cameras and witness statements to track down the hit-and-run motorist.
Will giving a recorded statement to the driver's insurance adjuster hurt my case?
Yes, insurance adjusters use tricky tactics and recorded phone conversations to devalue your injury claim. Avoid speaking to the corporate insurance company until you consult with a trusted injury attorney.
How much money is my California pedestrian accident injury claim worth?
Your total payout depends on your exact medical expenses, lost wages, and the severity of your pain and suffering. Catastrophic injuries like brain trauma result in much higher financial settlements.
Protect Your Rights and Your Recovery with the Help of a Pedestrian Accident Lawyer
Sustaining painful pedestrian injuries due to a driver's reckless behavior turns your life upside down in an instant. Our personal injury lawyers step in immediately to investigate the vehicle collision and uncover key traffic camera footage. Cefali & Cefali Personal Injury Lawyers handles every stressful legal obstacle so your family can focus entirely on physical healing.
Our dedicated team knows exactly how to defeat the bad-faith insurance tactics that corporate adjusters use to devalue claims. We collect your official medical records, obtain witness statements, and establish clear motorist liability under California law. Working on a contingency fee structure means you never owe us any upfront legal fees out of pocket unless we successfully win your personal injury case. Contact our law office today at 949-620-5166 to schedule your free, confidential case review with a trusted local pedestrian accident lawyer.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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