After a pedestrian accident in California, you should get to safety, call 911, seek medical attention, and, if you can do so safely, preserve evidence. These steps protect your health and help document what happened.
You may also face insurance requests, medical bills, missed work, and deadlines for pursuing compensation. A West Hollywood pedestrian accident lawyer can explain your options and help you avoid mistakes when reporting or documenting your claim.
What to Do at the Scene of a California Pedestrian Accident
Your safety comes first. Move out of traffic only if you can do so safely; if you cannot, ask someone to call 911. If you suspect a serious head, neck, or back injury, avoid unnecessary movement unless remaining in place poses an immediate danger.
If your condition allows, gather information without putting yourself at further risk. You can ask a trusted person to help with these steps:
- Request police and emergency medical assistance, and describe your location and any apparent injuries.
- Get the driver’s name, contact information, insurance details, and license plate number, as well as the vehicle’s make and model.
- Ask witnesses for their names and contact information.
- Photograph the vehicle, crosswalk, traffic signals, road conditions, visible injuries, skid marks, and debris.
- Ask responding officers for the report number and instructions for obtaining a copy of the police report.
Record the time of the collision and the signals you remember seeing. In West Hollywood, intersections such as Santa Monica and North San Vicente boulevards have scheduled nighttime phases when pedestrians cross while all vehicle traffic stops. Those details can help explain the traffic controls in effect.
Give officers an accurate account of what you remember, but avoid guessing about speed, distances, or fault. If the driver leaves, do not chase the vehicle. Share identifying details and the driver’s direction of travel with police.
Should You See a Doctor Even if You Feel Okay?
Yes. Feeling able to walk does not rule out a significant injury. Concussion symptoms may take hours or days to appear. Get medical attention as soon as possible, and seek emergency care for warning signs such as confusion, repeated vomiting, or a headache that worsens and does not go away.
Tell your provider how the collision occurred and describe all symptoms, including those that develop later. Follow treatment recommendations and attend follow-up appointments.
Medical records help document your injuries; a treatment delay does not automatically prevent a claim, but it may make the cause of your symptoms harder to establish.
What to Do in the Days After a Pedestrian Accident
Preserving evidence is one of the steps to take after a California pedestrian accident once your immediate medical needs are addressed. Nearby businesses may have surveillance recordings that are routinely overwritten. A lawyer can identify potential sources and request preservation before useful footage is lost.
Keep documents and other materials together so you can explain your injuries, expenses, and recovery:
- Save photographs, videos, witness contact information, the police report, and correspondence about the collision.
- Keep medical records, bills, prescription receipts, and receipts for injury-related expenses, including transportation to appointments.
- Preserve damaged clothing, shoes, and personal belongings without altering them.
- Retain pay records and employer communications showing missed work or reduced earnings.
- Write dated notes about symptoms and daily limitations, including difficulty sleeping, walking, or completing household tasks.
Avoid posting details about the accident or your recovery on social media. Photos and comments may be taken out of context, and privacy settings do not necessarily keep them out of a claim. Preserve existing posts and messages rather than deleting or altering potentially relevant material.
Can You Recover Compensation if You Were Partly at Fault?
Possibly. California follows pure comparative negligence, which generally allows you to recover damages even if you share responsibility. Your compensation is reduced by your percentage of fault. For example, a finding that you were 20% responsible would generally reduce your recoverable damages by 20%.
Crossing outside a marked crosswalk does not automatically establish fault. California recognizes unmarked crosswalks at intersections, and both drivers and pedestrians have duties to exercise care. Traffic signals, visibility, vehicle speed, and each person’s actions need to be examined.
Depending on your injuries and the evidence, compensation may include:
- Medical expenses and reasonably necessary future treatment.
- Lost income and reduced earning capacity.
- Physical pain and emotional distress.
- Damage to clothing, a phone, or other personal belongings.
Neither a police report nor an insurer’s initial assessment necessarily settles who was responsible. A lawyer can review the supporting evidence and challenge an unsupported allocation of fault.
How Long Do You Have to File a Lawsuit in California?
For many California pedestrian injury cases, you generally have two years from the date of injury to file a lawsuit. This deadline is called the statute of limitations. Exceptions can change the filing period, so your deadline should be assessed based on the facts of your case.
Claims Against Public Entities
If a government vehicle or a dangerous condition of public property contributed to your injuries, you may need to present a government claim before filing suit. The initial claim deadline is generally six months after the claim accrues, usually the date of injury. Separate deadlines govern the subsequent lawsuit.
Do not assume a child’s claim can wait until adulthood. Being a minor generally does not extend the initial six-month deadline for government claims. Limited procedures may allow a late claim, but they have their own requirements and deadlines.
Insurance Negotiations and Filing Deadlines
Contacting an insurer or negotiating a settlement generally does not stop the lawsuit filing clock. Getting advice early can help you identify responsible parties and determine which deadlines apply while evidence is still available.
Have you been involved
in an accident?
(310) 526-8383 When Should You Contact a Pedestrian Accident Lawyer?
Consider contacting a lawyer soon after receiving necessary medical care, especially if you have significant injuries, disputed fault, or pressure to settle. You do not need to finish treatment before asking about legal steps after a pedestrian accident in California.
A lawyer can review available evidence, identify potential insurance coverage, and explain how to pursue compensation. Early guidance can also help when several vehicles were involved, the driver cannot be identified, or a public entity may be responsible.
Get Help With Your Next Steps After a California Pedestrian Accident
If you are unsure what to do after being hit by a car in California, contact Omega Law Group Accident & Injury Attorneys for a free consultation. Tell us what happened, the care you have received, and whether an insurer has contacted you. You do not need every document before speaking with us.
Founded in 2016, our firm has more than 20 experienced attorneys serving personal injury clients. We can review your evidence, explain applicable deadlines, and assess how your treatment needs and lost income affect your claim. We work on contingency and will explain our fee agreement before you decide whether to hire us.
Call to discuss your next steps. We receive prospective-client calls 24/7 and offer assistance in Spanish. You can also visit our frequently asked questions for more information about injury claims.
