Being hit by a car in Los Angeles as a pedestrian is a life-altering event, and it’s essential to know precisely how to respond. Amid the shock and trauma, you must take immediate and decisive action.
As seasoned attorneys with extensive experience in handling pedestrian accident cases throughout Los Angeles, we recognize the confusion that can arise after such an incident. This guide is designed to empower you with the knowledge of your rights and the critical legal steps to take if you’ve been hit by a car in California.
Why Knowing Your Rights After Being Hit by a Car in Los Angeles Is Critical
Pedestrian accidents are far too common in bustling areas like Los Angeles. If you find yourself in this situation, the aftermath can be overwhelming—physically, emotionally, and legally. Many victims make serious errors in the hours and days following the incident, often due to a lack of understanding about what to do next.
This article, crafted from the standpoint of experienced Los Angeles personal injury attorneys, will clearly outline your immediate actions, your rights, and the pathway to secure fair compensation. This process isn’t just about financial recovery; it’s about safeguarding your well-being and ensuring that you don’t have to shoulder this burden alone. Take charge of your situation and be informed. Your rights matter, and you deserve full support in seeking justice.
Step 1: Prioritize Your Safety and Get Help Immediately
The first and most important priority after being hit by a car in Los Angeles is your safety. If you’re able to move, get yourself out of traffic to a safe location. However, do not attempt to move if you suspect a spinal injury, broken bones, or head trauma. Wait for emergency responders to assist you.
Call 911
Always call emergency services. Police and paramedics should be dispatched to the scene to create an official report and assess your medical condition in case you have been hit by a car in Los Angeles. The police report will serve as a foundational piece of evidence later in your case. Cooperate fully with emergency personnel, but avoid speculating or admitting any fault, even if you’re unsure of what happened.
Remain at the Scene
California law requires all parties involved in a motor vehicle accident to remain at the scene. Leaving could complicate your ability to file a claim later and may even be considered a violation of state law. Stay calm and wait for help to arrive.
Step 2: Gather Evidence at the Scene to Protect Your Case
Once your safety is assured, if you are physically able to do so or if someone can help, you must gather documentation. The more evidence you collect in the moment, the stronger your case will be.
Get the Driver’s Information
Request the following from the driver:
- Full name
- Contact number
- Insurance provider and policy number
- Driver’s license number
- License plate number
If the driver appears aggressive or refuses to cooperate, wait for law enforcement to handle the exchange. Never put yourself in a dangerous situation to collect information.
Document the Scene
Use your phone to take pictures or videos of:
- Your injuries
- The vehicle that struck you
- Road signs, traffic signals, and crosswalk markings
- Skid marks or debris on the road
- Damage to your personal property (clothing, glasses, phone, bag)
These visuals can provide important context for accident reconstruction experts and insurance adjusters alike.
Speak to Witnesses
Eyewitness accounts can be extremely valuable. If anyone saw the accident, please ask them politely for their name and contact information. These statements can serve as neutral support for your version of the events and help determine who is at fault.
Step 3: Seek Prompt Medical Attention Even If You Feel Fine
After leaving the scene, you must visit an emergency room, urgent care clinic, or your primary care physician within 24 hours. Adrenaline and shock often mask the pain of serious injuries like internal bleeding, whiplash, concussions, and fractures.
Why Prompt Medical Care Matters Legally
Medical documentation is a key component of your personal injury claim. It:
- Establishes a timeline between the accident and your symptoms
- Prevents insurers from arguing that your injuries are unrelated
- Helps calculate compensation for pain, suffering, and future treatment
Keep every bill, prescription, report, and treatment recommendation. These documents will become the backbone of the financial portion of your case, determining what compensation you are owed.
If your injuries require ongoing treatment, such as physical therapy or mental health support, ensure you follow through. Gaps in treatment can weaken your case and allow the opposing side to claim that you recovered quickly or were not seriously hurt.
Step 4: Know Your Rights Under California Pedestrian Accident Laws
California law generally favors pedestrians, especially when they are in marked crosswalks, at intersections, or walking legally along roadways. However, fault is determined based on the specific circumstances of each case.
Understanding Right-of-Way Rules
According to the California Driver Handbook, the right-of-way rules help determine who must yield when multiple road users meet at intersections or crossings:
- At intersections without STOP or YIELD signs, the vehicle or person who arrives first has the right-of-way.
- At T-intersections without signs, vehicles and pedestrians on the through road have the right-of-way.
- When turning left, drivers must yield to oncoming traffic and pedestrians.
- When turning right, drivers must check for and yield to pedestrians and cyclists.
- Pedestrians always have the right-of-way in crosswalks, whether marked or unmarked.
Drivers must yield to pedestrians crossing the street and cannot pass another vehicle stopped at a crosswalk, as it may be stopped for a pedestrian.
Even so, pedestrians also have responsibilities. They should cross at intersections, follow signals, and avoid sudden, unpredictable movements into traffic. But even if you were partially at fault, California’s comparative negligence laws may still allow you to recover damages. Your compensation would be reduced by the percentage of fault attributed to you.
Damages You Can Claim
If you were hit by a car in Los Angeles, you may be entitled to financial compensation for:
- Emergency and ongoing medical expenses
- Lost income and reduced earning potential
- Pain and suffering
- Emotional distress, PTSD, or anxiety caused by the accident
- Damage to personal belongings
In fatal incidents, surviving family members can pursue a wrongful death claim. These cases may also include loss of consortium and future earnings.
Step 5: Handle Insurance Companies with Caution and Clarity
Expect to receive a call from the driver’s insurance company within days of the incident. Their representatives may sound concerned and helpful, but remember, they work for the insurer, not for you.
Do Not Give a Recorded Statement
Insurance adjusters often request recorded statements, but anything you say may be used to diminish your claim. Even statements like “I’m okay” or “I didn’t see the car” can be twisted to suggest that you were uninjured or at fault.
Common Insurance Tactics
- Offering a quick, low settlement before you know the full extent of your injuries
- Delaying communication to frustrate and exhaust you
- Suggesting you do not need an attorney
- Undermining your credibility or injury severity
This is where legal representation becomes essential. Your attorney will deal with the insurer on your behalf, ensuring that your rights are protected and that your claim is valued fairly.
Step 6: How to File a Personal Injury Claim After a Pedestrian Accident
Once you’ve received medical care and documented your injuries, the next step is to file a personal injury claim. This claim initiates the process of seeking financial recovery.
What You Need to File
You or your attorney will need to collect and submit:
- The police report
- Medical bills and treatment records
- Photos of injuries, the scene, and property damage
- Contact info and statements from witnesses
- Pay stubs or employment records showing lost income
Filing Deadlines
California law provides a two-year statute of limitations for personal injury claims (California Code of Civil Procedure Section 335.1). This means you have two years from the date of the accident to file a lawsuit. If you wait too long, your case will likely be dismissed, regardless of its strength.
There are exceptions in some instances, such as when a government entity is involved (e.g., a city bus or public works vehicle). In those instances, you may have as little as six months to file a government claim.
Step 7: Why Hiring a Los Angeles Car Accident Lawyer Can Make or Break Your Case
Pedestrian accidents often result in serious, life-changing injuries. Dealing with the legal, medical, and financial aftermath is more than most individuals can handle alone.
A skilled personal injury attorney will:
- Investigate the accident thoroughly
- Collect all available evidence
- Hire expert witnesses when needed
- Handle communications and negotiations with insurers
- Fight for maximum compensation
- Take the case to trial if settlement offers are unfair
Why LA Injury Lawyers
Our firm has recovered significant compensation for injury victims in Los Angeles:
- $11 million for a brain injury victim
- $10 million for a car accident survivor
- $8.2 million for a motorcycle crash client
- $7 million for a back injury case
We work on a contingency fee basis, meaning you pay nothing unless we win your case. With decades of experience and a proven track record, LA Injury Lawyers is here to serve as your advocate.
Take Action Today to Secure Your Health and Legal Rights
Being hit by a car in Los Angeles or anywhere else is traumatic and disorienting. The days following a pedestrian accident are critical not only for your physical recovery but also for the legal steps that could determine your future.
By taking the right actions, gathering necessary documentation, seeking proper medical care, and working with a skilled attorney, you can protect your health and financial security. LA Injury Lawyers is ready to stand beside you.
Do not wait. Your future is worth protecting.
Injured as a pedestrian in Los Angeles? Let Us Fight for You.
Contact LA Injury Lawyers today for a free consultation. We’ll explain your rights, evaluate your claim, and help you pursue the compensation you deserve.
📞 (818) 539-5390
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📍 6200 Canoga Ave Suite 310, Woodland Hills, CA 91367
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Frequently Asked Questions (FAQs)
1. What should I do immediately after being Hit By a Car in Los Angeles?
Call 911, seek medical attention, and gather evidence if possible. Do not admit fault. Then consult a personal injury attorney as soon as possible.
2. Can I still receive compensation if I was partially at fault?
Yes. California follows comparative negligence laws, which means your compensation will be reduced based on your percentage of fault but you can still recover damages.
3. How long do I have to file a personal injury claim in California?
You typically have two years from the date of the accident to file. Claims involving public entities may have shorter deadlines.
4. What if the driver who hit me doesn’t have insurance?
You may still pursue compensation through your own uninsured motorist policy or by suing the driver directly.
5. Do I need a lawyer to file a pedestrian accident claim?
You are not required to have a lawyer, but it is highly recommended. An experienced attorney can help you avoid mistakes and secure maximum compensation.
