Hit by a Car in Los Angeles: Your Rights as a Pedestrian

If a car hit you while you were walking in Los Angeles, you may be able to pursue compensation for medical care, lost income, pain and suffering, and other accident-related losses when another party’s negligence caused or contributed to the crash. Your first priorities should be getting medical care, preserving evidence, and understanding your options before an insurance company pressures you to make a statement or accept a quick settlement.

A pedestrian accident can leave you hurt, overwhelmed, and uncertain about what comes next. Frederick S. Schwartz helps injured people throughout Los Angeles and the San Fernando Valley evaluate what happened and take practical steps to protect a potential claim.

Start With Your Health and the Evidence

Call 911 after a collision whenever possible and accept medical evaluation, even if you initially feel able to walk away. Adrenaline can mask symptoms, and prompt medical records can connect your injuries to the crash. Follow up with your doctor, keep records of appointments and bills, and document how the injury affects your ability to work, move around, sleep, and manage daily life.

If you can do so safely, take photographs of the vehicle, the roadway, traffic signals, crosswalk markings, lighting, debris, visible injuries, and your shoes or clothing. Obtain the driver’s identifying and insurance information, and ask witnesses for their names and contact details. Do not apologize or speculate about fault at the scene. A full investigation often tells a clearer story than a brief, stressful conversation immediately after impact.

California Crosswalk Rules and Pedestrian Duties

California Vehicle Code section 21950 requires drivers to yield the right-of-way to a pedestrian crossing the roadway within a marked or unmarked crosswalk at an intersection. The statute also requires drivers to exercise due care and reduce speed or take other action when necessary to safeguard pedestrians.

That rule does not mean pedestrians have no duties. Section 21950 also provides that a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is an immediate hazard. Pedestrians should use reasonable care for their own safety, obey applicable signals, and avoid entering traffic when it is unsafe to do so. The California DMV’s California Driver’s Handbook guidance on traffic controls is also a useful reminder that drivers must watch for people walking at intersections and crosswalks.

Marked Crosswalks, Unmarked Crosswalks, and Midblock Collisions

A marked crosswalk can be important evidence, but it is not the only place where a driver owes a duty of care. At many intersections, the law recognizes an unmarked crosswalk even when no painted lines appear on the pavement. A driver turning through an intersection, for example, must remain alert for pedestrians who have the right to cross.

When a crash happens outside a crosswalk, the analysis becomes more fact-specific. The location alone does not automatically end a pedestrian’s claim or automatically make the driver responsible. Visibility, vehicle speed, whether the driver was distracted, the pedestrian’s path of travel, traffic conditions, and available stopping distance can all matter. This is especially true on busy local corridors such as Ventura Boulevard, Van Nuys Boulevard, and Sherman Way, where turning movements, driveways, signals, and congestion can create competing accounts of what occurred.

How Comparative Negligence Can Affect a Claim

California follows pure comparative negligence. In practical terms, a person may still recover damages even if they are found partly responsible for an accident, but their recovery is reduced by their percentage of fault. For example, a pedestrian found 20 percent responsible for a collision could recover 80 percent of the proven damages.

Insurance companies frequently rely on this rule to minimize payments. A common argument is that the pedestrian “entered traffic suddenly,” was not paying attention, crossed outside a crosswalk, wore dark clothing, or should have seen the approaching vehicle. Those assertions are not conclusions; they must be tested against the actual evidence. A driver may still have had time to see the pedestrian, slow down, brake, or avoid the impact.

Evidence That Can Clarify What Happened

Time matters because valuable evidence can disappear. Surveillance video from nearby businesses, residences, intersections, or transit locations may show the traffic signal, vehicle path, speed, or point of impact. Witness statements can help establish whether the pedestrian was already in the roadway, whether a driver was looking away, or whether a vehicle made an unexpected turn.

When legally obtainable, phone records may help examine whether distraction was a factor. Accident reconstruction can also be useful in more disputed or severe cases. A qualified reconstruction expert may analyze vehicle damage, roadway measurements, braking evidence, video, sight lines, and other physical facts to evaluate how the collision occurred. The goal is not to rely on assumptions, but to build a record that addresses the insurer’s version of events with evidence.

Rideshare Pedestrian Accidents Require a Careful Review

If the vehicle was operated by an Uber, Lyft, or another rideshare driver, determining available insurance coverage can be more complicated. Coverage may depend on whether the driver was logged into the app, waiting for a ride request, en route to a passenger, or actively transporting a passenger when the collision happened. The driver’s personal insurance, the rideshare company’s applicable policy, and other sources of coverage may need to be examined.

Preserving app-related information and promptly identifying the driver’s status can be important. The Law Office of Frederick S. Schwartz can investigate the facts and help an injured pedestrian understand which parties and insurers may be involved.

Why Personal Representation Matters in a Pedestrian Claim

As a Los Angeles pedestrian accident lawyer, Fred brings more than 35 years of personal injury experience to the evaluation of serious injury claims. His former insurance-defense experience gives him insight into the strategies insurers may use to shift blame, challenge treatment, or undervalue the human impact of an injury. He uses that perspective to directly address comparative-fault arguments and negotiate from a position grounded in the evidence.

The Law Office of Frederick S. Schwartz serves people in Encino, Los Angeles, and communities across the San Fernando Valley, including Van Nuys, North Hollywood, Sherman Oaks, Reseda, and Santa Clarita. Fred personally handles each case rather than passing clients through a chain of case managers. To learn more about pursuing a Los Angeles pedestrian accident claim or the broader personal injury process, consider speaking with an attorney as soon as you are able.

FAQ

Can I make a claim if I was not in a marked crosswalk?

Possibly. Being outside a marked crosswalk does not automatically prevent a claim. Liability depends on the complete circumstances, including the driver’s speed, attention, visibility, the pedestrian’s actions, and whether the driver had a reasonable opportunity to avoid the collision.

What if the driver says I stepped into traffic suddenly?

That is a common insurance-company argument, not the final word. Video, witness testimony, scene evidence, vehicle damage, and reconstruction analysis may help determine whether the claim is accurate and whether the driver could have avoided the crash.

Can I recover compensation if I was partly at fault?

Yes, potentially. Under California’s pure comparative negligence rule, your damages may be reduced by your percentage of responsibility, but partial fault does not necessarily bar recovery.

Should I talk to the driver’s insurance adjuster?

You should be careful. You may need to report basic information, but avoid recorded statements, speculation, or signing documents before you understand your rights. An adjuster’s goal is to evaluate and limit the insurer’s payment obligation, which may not align with your interests.

What should I do if a rideshare driver hit me?

Seek medical care, report the crash to law enforcement, preserve all available evidence, and identify the rideshare company and driver. The driver’s app status can affect insurance coverage, so early investigation is important.

This article is for general informational purposes only and is not legal advice. Every pedestrian accident involves different facts, insurance issues, and deadlines, and reading this article does not create an attorney-client relationship. If you or a loved one was hit by a car in Los Angeles or the San Fernando Valley, call the Law Office of Frederick S. Schwartz at (818) 986-2407 or visit the contact page to discuss your situation.