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October 23, 2026

What Happens If You Hit a Pedestrian in California?

Miller Wilmers APC
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If you hit a pedestrian in California, you’re legally required to stop, help the injured person, exchange information, and report the collision. What happens next depends on who had the right of way, whether either person was careless, how badly the pedestrian was hurt, and whether any laws were broken. An accident can lead to an insurance claim or civil lawsuit, and, in some situations, criminal charges.

For pedestrians and their families, these crashes often bring serious injuries, mounting bills, and uncertainty about what comes next. At Miller Wilmers APC, we represent injured pedestrians in Santa Clarita and throughout the surrounding area, and we’re here to help them pursue the compensation they need to rebuild. 

Contact Miller Wilmers APC at (661) 310-1357 for a free consultation.

What Should You Do Immediately After Hitting a Pedestrian?

California law places clear duties on any driver involved in a collision that injures someone. After a crash:

  1. Stop immediately: Pull over as close to the scene as safely possible. Leaving can lead to serious criminal charges.
  2. Call 911 and provide reasonable help: Request police and medical help, and assist the injured person as much as you safely can without moving them unnecessarily.
  3. Exchange identifying and insurance information: Provide your name, address, vehicle registration number, vehicle owner’s information, and insurance details. Show your driver’s license if requested.
  4. Cooperate with police: Give officers the facts calmly, without guessing or speculating about fault.
  5. Document the scene: If it’s safe, photograph the area, crosswalks, signals, lighting, and vehicle positions, and note any witnesses.
  6. File an SR-1 with the DMV: California requires drivers to file an SR-1 report with the DMV within 10 days when anyone is injured or killed, or property damage exceeds $1,000. This is separate from the police report and your insurance claim, and filing one doesn’t replace the others.
  7. Notify your insurer: Report the accident to your insurance company promptly.
  8. Report the collision to law enforcement: California generally requires a written report to the California Highway Patrol (CHP) or the appropriate city police department within 24 hours when a collision causes injury or death. Confirm that the required report has been made.

If you were injured as a pedestrian, call Miller Wilmers APC at (661) 310-1357 for a free consultation about your rights and potential claim.

Is the Driver Always at Fault for Hitting a Pedestrian?

No. California doesn’t automatically place all fault on the driver. Fault depends on how each person behaved and which rules applied at the moment of the crash. Drivers must always use reasonable care, but pedestrians have responsibilities too.

Right-of-Way Rules in Marked and Unmarked Crosswalks

Under California Vehicle Code § 21950, drivers must yield the right-of-way to pedestrians crossing within a marked crosswalk or within an unmarked crosswalk at an intersection. An unmarked crosswalk generally exists where sidewalks meet at an intersection, even without painted lines. 

Pedestrians still can’t suddenly step into the path of a vehicle that’s too close to stop, and drivers must slow down and take care around crosswalks.

What If the Pedestrian Was Crossing Outside a Crosswalk?

A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles close enough to pose an immediate hazard. Drivers still must exercise due care for the pedestrian’s safety.

California’s Freedom to Walk Act, which took effect in 2023, limits when officers may stop pedestrians for certain crossing violations. For crossing outside a crosswalk, an officer generally may not make a stop unless a reasonably careful person would recognize an immediate danger of a collision.

How Shared Fault Affects a Pedestrian’s Compensation

California follows pure comparative negligence. If both the driver and the pedestrian share responsibility, the pedestrian’s recovery is reduced by their percentage of fault. 

For example, if a pedestrian’s damages total $100,000 and a jury finds the pedestrian 20% at fault, the pedestrian could recover $80,000. A pedestrian can still recover even if they were mostly at fault.

Can You Go to Jail for Hitting a Pedestrian?

An accidental collision does not automatically lead to criminal charges. Whether charges are possible depends on the driver’s conduct and the circumstances of the collision. Stopping and providing help are required, but doing so does not prevent charges based on how the driver caused the crash.

Conduct such as impaired driving, reckless driving, or a traffic violation that causes a fatal collision may support criminal charges, depending on the facts. Vehicular manslaughter can involve ordinary or gross negligence, depending on the charge.

What Happens If You Leave the Scene?

Leaving the scene of a collision that injures someone is a crime under California Vehicle Code § 20001. Hit-and-run accidents involving injuries can be charged as a misdemeanor or felony, with possible jail or prison time and fines, and penalties increase when the collision causes death or permanent, serious injury. 

What Financial Consequences Can Follow a Pedestrian Accident?

An injured pedestrian may pursue compensation for:

These damages can add up quickly, especially when the injuries require surgery or long-term care.

How Liability Insurance May Respond to the Claim

An injured pedestrian may seek compensation through the at-fault driver’s bodily injury liability coverage, subject to the policy’s terms and limits.

California’s minimum liability limits for standard auto insurance policies are $30,000 for injury or death to one person, $60,000 for injury or death to multiple people in one accident, and $15,000 for property damage. Those minimums may not cover serious injuries, which is why identifying every available policy matters. 

If the claim exceeds the driver’s coverage, the driver may be personally responsible for the difference.

What If the Driver Is Uninsured or Coverage Is Not Enough?

If the driver has no insurance or too little, an injured pedestrian may be able to turn to their own uninsured or underinsured motorist coverage, or to a policy held by a household family member, even though they weren’t in a car at the time. 

Unsure what insurance may cover your injuries? Contact Miller Wilmers APC at (661) 310-1357 for a free consultation.

What Happens If the Pedestrian Is Seriously Injured or Dies?

Severe pedestrian injuries can include traumatic brain injuries, spinal cord damage, and multiple fractures, and they can change a person’s life permanently. These catastrophic injury cases often require careful planning for lifelong medical care and lost earning capacity.

If a pedestrian passes away after an accident, certain family members may bring a wrongful death claim for losses such as financial support and companionship. California personal injury lawsuits generally must be filed within two years of the injury. Wrongful death lawsuits generally must be filed within two years of the death. Claims against a public entity can require a formal claim within six months.

How Is a Pedestrian Accident Claim Investigated?

Investigators and attorneys often review the police report, witness statements, photos and video from nearby businesses or traffic cameras, vehicle damage, and the injured person’s medical records.

They may also examine lighting, crosswalk markings, signal timing, and the driver’s phone records. In serious cases, accident reconstruction experts can help show how the collision happened. Because video footage can be deleted quickly, gathering evidence early is important.

Support for Injured Pedestrians and Their Families in Santa Clarita

Miller Wilmers APC was built in Santa Clarita, and the injured pedestrians we represent are our neighbors. Clients work directly with their attorney, and our founding partners bring combined experience in defense work and criminal prosecution, giving our team insight into how cases are evaluated and tried.

We push back when insurers try to shift blame or minimize the impact of an injury. If you or a loved one was hit by a car, you don’t have to face this alone. 

Contact Miller Wilmers APC at (661) 310-1357 for a free consultation.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with legal guidance.
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