What Happens If You Hit a Pedestrian With Your Car in California?

This blog explores what happens if you hit a pedestrian in California, from your immediate responsibilities to potential civil and criminal liabilities. It also explains your legal rights and outlines how a skilled California pedestrian accident lawyer can help guide you through the aftermath.

Immediate Steps to Take After Hitting a Pedestrian

If you’ve struck a pedestrian with your vehicle, your priority should be safety. California law requires specific actions after any motor vehicle accident involving injury or death.

Here’s what to do immediately after the collision:

• Stop and Remain at the Scene: Under California Vehicle Code §20001, it is a crime to leave the scene of an accident involving injury or death. You must stop your car, even if the collision appears minor.

• Render Aid: You are legally required to provide “reasonable assistance” to the injured pedestrian. This could include calling 911 or transporting the person to the hospital if necessary.

• Call Law Enforcement: Report the accident to the local police or California Highway Patrol. In most cases, officers will come to the scene, assess the situation, and complete a police report.

• Exchange Information: Provide your name, address, driver’s license number, registration, and insurance information to the pedestrian or any responding authorities.

• Avoid Admitting Fault: Even if you feel responsible, do not admit guilt or make definitive statements about the cause of the accident until the facts are fully established.

Legal Consequences for Hitting a Pedestrian in California

Hitting a pedestrian can lead to a variety of consequences, some administrative, others civil or even criminal, depending on the circumstances of the accident.

Civil Liability

In most pedestrian accidents, the injured party (or their family) may file a personal injury claim or wrongful death lawsuit seeking compensation. As the driver, you may be held financially responsible for:

• Medical expenses

• Lost wages

• Pain and suffering

• Emotional distress

• Funeral and burial costs (in fatal accidents)

California follows a fault-based system, which means the person responsible for the accident is also responsible for the damages. 

If it’s determined that your negligence caused the accident, you and your insurance company may be on the hook for a potentially significant settlement or court judgment.

Criminal Charges

Depending on the facts of the case, you may face criminal charges, especially if:

• You were driving under the influence

• You were speeding or driving recklessly

• You were texting or otherwise distracted

• You fled the scene (hit-and-run)

Potential charges include:

• Misdemeanor vehicular manslaughter (California Penal Code §192(c))

• Felony DUI with injury

• Felony hit-and-run

Penalties can range from fines and probation to prison time, especially if the pedestrian suffered serious bodily harm or was killed.

How Fault Is Determined in Pedestrian Accidents

Many people assume that the driver is always at fault when a pedestrian is hit, but that’s not always the case. In California, both drivers and pedestrians have duties of care, and fault is determined based on the specific actions of each party.

Drivers have to:

• Yield to pedestrians in marked or unmarked crosswalks

• Obey traffic signals and speed limits

• Remain attentive and avoid distractions

Pedestrians have to:

• Cross at intersections or within crosswalks

• Obey “Walk/Don’t Walk” signs

• Avoid darting into traffic suddenly

California uses a comparative negligence rule. This means both the pedestrian and the driver can share fault. For example, if a pedestrian jaywalked but the driver was speeding, a court might assign 40% fault to the pedestrian and 60% to the driver. The pedestrian’s damages would then be reduced by their percentage of fault.

Insurance and Financial Responsibility

If you’re found liable for hitting a pedestrian, your auto insurance will typically cover the damages up to your policy’s limits. In California, the minimum required coverage is:

• $15,000 for injury or death to one person

• $30,000 for injury or death to more than one person

• $5,000 for property damage

However, these limits are often insufficient to cover major injuries or wrongful death claims. If the damages exceed your policy, you may be held personally liable for the remaining amount.

Optional Insurance Coverage That May Help:

• Umbrella insurance: Extends liability coverage beyond standard auto policies.

• Medical payments: Covers medical costs for injured parties regardless of fault.

• Uninsured/underinsured motorist coverage: Typically protects you if you’re injured as a pedestrian, but not if you're the driver.

What If the Pedestrian Was at Fault?

While it’s less common, pedestrians can be fully or partially responsible for an accident. Some examples include:

• Running into traffic without warning

• Crossing against a red light or outside a crosswalk

• Walking while intoxicated or distracted by a phone

If the pedestrian is found to be at fault, their ability to recover damages will be reduced under California’s pure comparative negligence rules. In rare cases, a driver may not be held liable at all if the pedestrian’s behavior was the sole cause of the accident.

However, you may still face legal action even if you believe the pedestrian was at fault. It’s critical to gather evidence and seek legal representation to protect yourself.

Potential Defenses for Drivers in Pedestrian Accidents

If you're being accused of negligence after hitting a pedestrian, several legal defenses may apply:

• The pedestrian was illegally crossing the street or entered traffic abruptly.

• You had a green light, and the pedestrian ignored the “Don’t Walk” signal.

• You were obeying all traffic laws and driving at a safe speed.

• There were poor lighting conditions, and the pedestrian was wearing dark clothing.

A California pedestrian accident lawyer can help you evaluate which defenses may apply and how to present them effectively in negotiations or court.

Steps to Take If You’re Being Sued After a Pedestrian Accident

• Notify your insurance company immediately. They will assign a claims adjuster and possibly a defense attorney to your case.

• Avoid speaking to the pedestrian’s lawyer or insurance without legal counsel.

• Gather all evidence from the accident, including dash cam footage, photos, witness contact information, and police reports.

• Consult a qualified pedestrian accident lawyer to protect your rights and help manage the case effectively.

Criminal vs. Civil Cases: Can You Face Both?

Yes. A driver who hits a pedestrian in California can face both criminal charges and a civil lawsuit. These are separate legal actions with different standards of proof:

• Criminal cases require proof “beyond a reasonable doubt” and are prosecuted by the state. Conviction may lead to jail time, fines, license suspension, or a permanent criminal record.

• Civil lawsuits require a “preponderance of the evidence” and are filed by the injured party or their family. These cases result in monetary damages but not criminal penalties.

Even if you’re not charged criminally, or are found not guilty, you can still be held liable in civil court.

How a California Pedestrian Accident Lawyer Can Help You

Whether you're the driver or the injured pedestrian, navigating the aftermath of a collision is emotionally and legally complex. A California pedestrian accident lawyer can provide valuable support by:

• Investigating the accident thoroughly

• Identifying all sources of liability and insurance

• Communicating with opposing parties and insurers

• Protecting your rights if you're being sued

• Representing you in court if necessary

Legal representation is especially important in cases involving severe injuries, disputed fault, or potential criminal charges.

Get Legal Help After a Pedestrian Accident in California

Striking a pedestrian with your vehicle is a traumatic experience, and the legal consequences can be life-altering. Whether you’re facing a personal injury claim, criminal charges, or both, it’s crucial to act quickly, protect your rights, and avoid common pitfalls. The legal system in California allows for shared fault and complex negotiations that require experienced guidance.

If you’ve been involved in a pedestrian accident, either as a driver or as someone defending against a claim, don’t try to handle it alone. The experienced legal team at Countrywide Trial Lawyers is here to help. As trusted California pedestrian accident lawyers, they offer free consultations and aggressive legal advocacy. Call (844) 844-9119 today to discuss your case and get the support you need to move forward with confidence.

This blog was originally published on Countrywide Trial Lawyers and is shared here with permission.