Being hit by a vehicle is terrifying. The aftermath becomes even more stressful when the driver speeds off without stopping. Pedestrian hit-and-run incidents in California are not just traumatic—they can leave victims feeling powerless. But there are steps you can take to protect your health, your rights, and your future.
In this post, we’ll walk through what to do if you’re the victim of a pedestrian hit-and-run in California, including how uninsured motorist coverage might help, why witness statements matter, and what legal actions are available.
1. Prioritize Your Safety and Health
First, get to a safe place. If you’re seriously injured, avoid moving and wait for emergency responders. Call 911 or ask someone nearby to do it. Immediate medical care is the top priority, even if you think your injuries are minor. Internal injuries and concussions can be delayed or masked by adrenaline.
Be sure to:
- Request a copy of the police report.
- Document your injuries with photos.
- Save all medical records and receipts.
Don’t downplay your injuries. What feels like a bruise today could be a long-term issue tomorrow. Your health comes first, and your medical records will be a cornerstone of your claim.
2. Gather Evidence at the Scene
If you’re physically able, gather as much information as possible:
- Photos: Take pictures of the scene, any damage to property or clothing, and visible injuries.
- Witness Info: Get names and contact information from anyone who saw the incident.
- Details About the Vehicle: Even partial license plates, car color, make, or damage can help police track the driver.
Witness statements are often key in a hit-and-run injury claim. A third party can confirm what happened and help establish liability when the driver flees.
Also, consider checking nearby businesses or homes for security cameras that might have captured the incident. In many cases, surveillance footage can be the difference between a solved and an unsolved case.
3. File a Police Report Immediately
Under California law, all hit-and-run accidents must be reported to police. Even if the driver is unknown, filing a report is essential. It documents the event and starts an official investigation. If the driver is caught, they could face criminal charges under California Vehicle Code §20002, which makes it a crime to flee the scene of an accident involving injury or death.
Ensure you get a copy of the police report and follow up with the investigating officer. Provide any updates or new evidence you might find after the initial report.
4. Understand How Insurance May Still Cover You
Many victims of pedestrian hit-and-run accidents assume they have no options for financial recovery if the driver isn’t identified. That’s not always true.
If you have uninsured motorist (UM) coverage as part of your auto insurance policy, it may cover you even though you were walking. In California, UM policies often apply to the policyholder when injured as a pedestrian.
Uninsured motorist coverage can help with:
- Medical expenses
- Lost wages
- Pain and suffering
Are you unsure if you have this coverage? Check your policy or talk to an attorney who can help you review it.
Insurance companies may try to minimize payouts. Document everything thoroughly and be prepared to push back if the insurer undervalues your claim.
5. Know Your Legal Rights and Next Steps
You can pursue civil action, even if the driver isn’t found. Depending on your case, you may be able to file:
- A claim with your own insurance under your UM coverage
- A civil lawsuit if the driver is later identified
- A victim compensation claim through California’s Victim Compensation Board (CalVCB)
Under California pedestrian accident law, drivers owe a duty of care to pedestrians. Leaving the scene after a crash can increase civil liability, especially when paired with a failure to render aid.
One case that speaks to the legal and ethical obligations of hit-and-run drivers is People v. Carbajal (1995) 10 Cal.4th 1114. In this case, the California Supreme Court held that courts can impose restitution and probation conditions for hit-and-run offenses, even when the driver wasn’t directly responsible for causing the crash. The decision reinforced how seriously the state views a driver’s duty to stop and take responsibility.
If the driver is later identified and prosecuted, their criminal record and any conviction can also support your civil claim.
6. Why You Need a Pedestrian Accident Lawyer
Pedestrian hit-and-run cases are often complex. Without a driver to pursue, insurance companies may delay or deny claims. Witnesses may become hard to reach, and evidence can go missing.
A lawyer can help by:
- Investigating the crash
- Identifying all potential sources of compensation
- Negotiating with insurance companies
- Representing you in court if needed
Legal representation also gives you leverage. Insurers know that claimants with experienced attorneys are prepared to fight for full compensation.
At B&D Injury Law, we understand the nuances of California pedestrian accident law and how to maximize a hit-and-run injury claim. We also know how to navigate the emotional side of these cases—the frustration, uncertainty, and feeling of injustice.
You Have Options. We Can Help.
A pedestrian hit-and-run in California can leave you feeling abandoned, but you don’t have to face the aftermath alone. From uninsured motorist claims to civil lawsuits, you may have more paths to recovery than you think.If you’ve been injured in a hit and run, B&D Injury Law is here to help you understand your rights and explore your options. Call us today for a free case review. We’ll answer your questions, review your situation, and help you confidently move forward.