Hitting a pedestrian is an unfortunately common occurrence in California’s densely populated areas. According to the California Office of Traffic Safety, pedestrian fatalities in California decreased by nearly 9%, from 1,213 in 2022 to 1,106 in 2023. Despite this decline in fatalities, thousands of pedestrians still sustain injuries in traffic accidents across the state each year.
Understanding what to do immediately after a pedestrian accident can protect both the injured person and your legal rights. This guide outlines the critical steps every California driver must take and the potential criminal and civil penalties you may face under state law.
Key Takeaways:
- Stop immediately, ensure safety, and call 911; fleeing the scene constitutes a serious crime under California law.
- Document everything thoroughly and exchange information while avoiding admissions of fault.
- Face potential charges under California Vehicle Code sections 20001 and 20002, with penalties ranging from fines to imprisonment.
- Report the incident to your insurance company immediately to comply with policy requirements.
- Consult an experienced California personal injury attorney to protect your rights and navigate complex legal proceedings.
Immediate Steps After Hitting a Pedestrian in California
Stop Your Vehicle and Secure the Scene
California Vehicle Code requires all drivers involved in accidents to stop immediately. Move your vehicle to the nearest safe location that won’t impede traffic flow, then activate your hazard lights to alert other motorists. Under California law, leaving the scene of an accident without identifying yourself is considered a hit-and-run, regardless of whether you were at fault.
Never leave the accident scene, even if you’re frightened or believe the incident was minor. Fleeing can transform a civil matter into serious criminal charges and significantly worsen your legal situation.
Ensure the Pedestrian’s Safety
Check if the pedestrian needs assistance, but avoid moving them unless they’re in immediate danger from traffic. Moving an injured person can exacerbate existing injuries. Instead, offer comfort and reassurance while waiting for professional medical help.
Call 911 Immediately
Contact emergency services regardless of the apparent severity of injuries. NHTSA data shows that 60,577 pedestrians were injured in accidents nationwide, with incidents occurring approximately every nine minutes. A dispatcher can guide you through immediate steps to help the injured pedestrian while ensuring proper documentation of the incident.
Contact Law Enforcement
Once first responders arrive, cooperate fully with police officers. They’ll create an official accident report detailing the facts, which your insurance company will require when processing claims. Answer questions honestly while avoiding unnecessary elaboration or speculation about fault.
Exchange Information Properly
Collect the pedestrian’s name, phone number, email address, and insurance information, if they’re able to provide them. However, avoid making statements like “I’m sorry” or accepting blame, as these can be construed as admissions of fault in later proceedings. Instead, express concern for their well-being without assigning responsibility.
Document the Scene Thoroughly
Take comprehensive photographs of vehicle damage, the accident location, traffic signals, crosswalks, and any relevant road conditions. If witnesses are present, politely request their contact information, as their testimony may prove crucial later.
Report to Your Insurance Company
Contact your insurance provider immediately, as most policies require prompt notification of any incident that could trigger a claim. Delaying this report could jeopardize your coverage.
Legal Consequences of Hitting a Pedestrian in California
Criminal Charges You May Face
Drivers who strike pedestrians can face both criminal and civil penalties depending on the circumstances. Understanding California’s specific statutes helps you prepare for potential legal consequences.
Traffic Infractions and Violations
If investigators determine you committed traffic violations contributing to the accident, you may face fines and points on your driving record. Careless driving versus reckless driving carries different penalties, with reckless driving charges resulting in more severe consequences.
Hit-and-Run Penalties Under California Vehicle Code
California Vehicle Code 20002 covers misdemeanor hit-and-run for accidents causing only property damage, with penalties including up to six months in county jail, fines up to $1,000, and two points on your driver’s license.
More seriously, Vehicle Code 20001 defines felony hit-and-run as fleeing an accident where another person was injured or killed. Felony penalties include:
- Minimum 90 days in county jail.
- Up to four years in state prison.
- Fines up to $10,000.
- Victim restitution.
- Permanent criminal record.
DUI-Related Penalties
If alcohol or drugs contributed to the accident, charges escalate significantly. A DUI causing injury or death can result in felony prosecution with lengthy prison sentences and substantial fines.
Civil Liability and Compensation
Beyond criminal penalties, you may face civil lawsuits seeking monetary damages for medical expenses, lost wages, pain and suffering, and other losses. Understanding how much someone can recover for accidents helps illustrate the potential financial exposure.
Real Case Example: The Importance of Proper Legal Representation
Consider a recent case where our client was traveling to volunteer at their Los Angeles church when their van stopped illegally, blocking traffic to pick up another passenger. While attempting to help a friend board safely, our client was struck by a vehicle that swerved around the illegally parked van. The collision caused severe traumatic brain injuries and quadriplegia, requiring 24-hour care.
Through comprehensive legal representation, we secured a $9 million settlement for the victim and their family. This case illustrates how pedestrian accidents can result in life-changing injuries and why proper legal representation is crucial for all parties involved.
The complexity of determining liability in pedestrian cases—involving multiple vehicles, traffic violations, and varying degrees of fault—demonstrates why experienced legal counsel is essential.
When You Need a California Pedestrian Accident Attorney
Determining Liability
Contrary to popular belief, pedestrians aren’t automatically blameless in accidents. California follows comparative negligence rules, meaning liability can be shared between drivers and pedestrians based on their respective actions. An experienced attorney can investigate thoroughly to establish an accurate fault determination.
Understanding Complex California Laws
California’s pedestrian accident laws involve multiple overlapping statutes, local ordinances, and recent legal precedents. Professional legal guidance ensures you understand your rights and obligations under current law.
Criminal Defense and Civil Protection
If you’re facing criminal charges while simultaneously defending against civil claims, you need attorneys who can coordinate both aspects of your case. Los Angeles personal injury lawyers understand local court procedures and can build comprehensive defense strategies.
Avoid common mistakes people make after car accidents by securing experienced legal representation immediately.
Frequently Asked Questions
What if the pedestrian was jaywalking or not in a crosswalk?
Even if the pedestrian violated traffic laws, you may still bear partial or full responsibility depending on factors like speed, visibility, and whether you could have avoided the accident through reasonable care.
Can I be charged criminally even if the accident wasn’t my fault?
Yes, if you leave the scene without fulfilling your legal obligations under Vehicle Code 20001 or 20002, you can face hit-and-run charges regardless of fault in the underlying accident.
How long do I have to report a pedestrian accident to the police?
California law requires immediate reporting. While there’s no specific time limit, unreasonable delays in reporting can be viewed as attempts to evade responsibility.
Will my insurance cover legal defense costs?
Most auto insurance policies include legal defense coverage for covered accidents, but review your specific policy terms and contact your carrier immediately after any incident.
What if the pedestrian was intoxicated at the time of the accident?
Pedestrian intoxication doesn’t automatically absolve drivers of responsibility, but it can be a contributing factor in determining comparative fault and reducing your liability percentage.
Can pedestrians sue me even if I’m not criminally charged?
Yes, criminal charges and civil lawsuits are separate proceedings with different standards of proof. You can face civil liability without a criminal conviction.
What information must I provide at the scene?
You must provide your name, current address, driver’s license information, and vehicle registration details. If you don’t own the vehicle, include the owner’s information as well.
How do California’s comparative negligence laws affect pedestrian cases?
California applies “pure comparative negligence,” meaning damages are reduced by the plaintiff’s percentage of fault, but they can still recover compensation even if they were primarily responsible.
What if I didn’t realize I hit someone?
If you genuinely didn’t know an accident occurred, this can be a defense to hit-and-run charges, but you’ll need evidence supporting your lack of awareness.
Should I hire separate attorneys for criminal and civil matters?
While possible, having coordinated representation often provides better outcomes since criminal case results can impact civil proceedings and vice versa.
Expert Tips from Adamson Ahdoot
- Document Everything Immediately: Use your phone to photograph all angles of the scene, including street signs, lighting conditions, and any skid marks. This evidence may disappear quickly as traffic resumes.
- Never Admit Fault at the Scene: Focus on facts rather than causation opinions. Avoid saying things like “I should have been paying more attention.”
- Obtain Independent Witnesses: Police reports don’t always capture every witness. Independently collect contact information from anyone who saw the accident, as their testimony may prove crucial later.
- Preserve Your Vehicle: Don’t repair damage immediately, as insurance adjusters and accident reconstruction experts may need to examine your vehicle’s condition.
- Keep Detailed Records: Document all communications with insurance companies, law enforcement, and any other parties. This information helps your attorney build a comprehensive defense strategy.
Protecting Your Rights After a Pedestrian Accident
Understanding what to do after hitting a pedestrian helps you navigate this traumatic situation while protecting both the victim’s well-being and your legal rights. By following proper procedures like stopping immediately, ensuring safety, documenting thoroughly, and reporting promptly, you minimize additional legal complications.
However, given the serious criminal and civil consequences possible under California law, consulting experienced car accident lawyers is crucial for protecting your interests. Professional legal representation ensures you understand your rights, comply with all legal obligations, and receive appropriate defense against any charges.
If you’re facing charges or civil claims after a pedestrian accident, don’t navigate this complex legal landscape alone. Contact our experienced trial lawyers today for expert guidance and aggressive representation. Call (866) 645-4992 for your free consultation and let us help protect your future.
