Pedestrian Accidents
Pedestrians struck by vehicles face some of the most severe injuries of any accident type. California and Arizona laws provide important protections for pedestrians, but prompt action, strong documentation, and medical evaluation are critical to protecting your health and your options.
This information is for educational purposes only and does not constitute legal advice. Availability varies by state and case type.
8
Immediate steps
21
Evidence items
Common injuries
Traumatic Brain Injury, Spinal Injuries, Broken Bones +2 more
Common Causes
Failure to Yield at Crosswalks
Drivers are required to yield to pedestrians in marked and unmarked crosswalks. Failure to do so is a leading cause of pedestrian accidents.
Distracted Driving
Drivers using phones or otherwise distracted are less likely to see pedestrians, particularly at intersections and in parking areas.
Running Red Lights and Stop Signs
Traffic violations that allow a vehicle to enter a pedestrian's right-of-way unexpectedly and at speed.
Speeding
Higher vehicle speeds dramatically increase the severity of pedestrian injuries. A pedestrian struck at 40 mph has a much lower survival rate than one struck at 20 mph.
Left and Right Turns
Drivers making turns often focus on traffic rather than pedestrians in the crosswalk. Turning vehicles are responsible for a large percentage of pedestrian crashes.
Backing Vehicles
Backing cars in driveways, parking lots, and loading areas frequently fail to detect pedestrians, especially children.
Poor Lighting or Visibility
Night-time, poor weather, and inadequate street lighting reduce pedestrian visibility to drivers.
Likely Injuries
These types of accidents are frequently associated with the following injuries. Select an injury to learn more.
What To Do Immediately
- 1
Call 911
CriticalPedestrian accidents frequently involve serious injuries. Call for emergency services immediately.
- 2
Do not get up if you feel neck or back pain
CriticalSpinal injuries are common in pedestrian accidents. Stay still until emergency responders arrive unless you are in immediate danger from traffic.
- 3
Ask someone to document the scene
CriticalIf you are unable to take photos, ask a bystander to photograph vehicle positions, the crosswalk, traffic signals, and road conditions.
- 4
Get the driver's information
ImportantName, license number, insurance company, and contact information. Do not discuss fault.
- 5
Get witness information
ImportantNames and contact details from bystanders. Multiple witnesses strengthen a pedestrian's account significantly.
- 6
Note the traffic signal status and crosswalk type
ImportantWas the light green? Was there a walk signal? Was it a marked or unmarked crosswalk? These details matter for establishing right-of-way.
- 7
Seek emergency medical evaluation
CriticalAccept ambulance transport if offered. Internal injuries and brain injuries from pedestrian impacts are often not immediately apparent.
- 8
Keep all clothing and personal items
HelpfulTorn clothing, damaged shoes, and broken glasses are physical evidence. Preserve them rather than discarding.
Get the Pedestrian Accidents checklist emailed to you
A quick reference for what to document, report, and do next.
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Evidence Checklist
Check off items as you collect them. Critical items should be gathered as soon as possible after the accident.
At the Scene
CriticalPhysical Evidence
CriticalMedical Documentation
CriticalScene and Roadway
ImportantFinancial Records
ImportantTimeline Risks
Key deadlines and time-sensitive actions. Missing these windows can significantly affect your options.
- 1
Within 24-48 Hours
Surveillance footage is overwritten
Traffic cameras and nearby business security footage typically overwrite within 24-72 hours. An attorney can send a preservation request quickly.
- 2
Within 72 Hours
Delayed injury symptoms
Get a full medical evaluation even if you feel functional. Internal injuries and traumatic brain injuries can emerge over days.
- 3
Within 30 Days
Insurance reporting deadlines
Notify your own insurer. If the at-fault driver is uninsured, your own uninsured motorist coverage may apply.
- 4
Within 6 Months
Witnesses become unavailable
Collect written witness statements while memories are fresh.
- 5
6 Months (Government Vehicles)
Government claims notice requirement
If a government vehicle (bus, city car) struck you, California and Arizona have shorter claim notice deadlines — as short as 6 months. This is a hard deadline.
- 6
2 Years (California / Arizona)
Statute of limitations for personal injury
Both states have a 2-year personal injury statute of limitations from the date of injury for non-government defendants.
Insurance Issues to Know About
Uninsured drivers
Pedestrians are particularly vulnerable to being struck by uninsured drivers. Your own auto insurance UM/UIM coverage can apply even if you were not in a vehicle.
Comparative fault arguments
Insurance adjusters may argue the pedestrian was jaywalking, not in the crosswalk, or not paying attention. California and Arizona both use pure comparative fault, so even partial fault does not bar recovery.
Government vehicle claims
If struck by a city bus, police vehicle, or other government vehicle, special claims procedures and shorter deadlines apply. These must be handled differently than private party claims.
Quick settlement offers
Pedestrian injuries are often severe and long-term. Accepting a quick settlement before the full extent of injuries is known may leave significant compensation on the table.
When You May Benefit From Speaking With a Lawyer
You are not required to hire an attorney. But in some situations, speaking with a lawyer experienced in personal injury matters can help protect your options. This is educational information, not legal advice.
- You sustained injuries requiring medical treatment
- The driver was uninsured or fled the scene
- Fault is being disputed or shared blame is suggested
- A government vehicle (bus, city car) was involved
- Your injuries involved a hospital stay or long recovery
- You received a quick settlement offer before understanding your full injuries
- Surveillance footage needs to be preserved before it is overwritten
State-Specific Notes
California
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — you can recover even if partially at fault, reduced by your percentage
- Insurance minimum: $30,000/$60,000/$15,000
Arizona
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — your recovery is reduced by your share of fault
- Insurance minimum: $25,000/$50,000/$15,000
Laws vary by state and are subject to change. The above is general educational information only and may not reflect recent legislative changes. Consult a licensed attorney in your state for advice specific to your situation.