What to Do After a Pedestrian Hit and Run in California

011. 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:

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.

• —Request a copy of the police report.
• —Document your injuries with photos.
• —Save all medical records and receipts.

022. Gather Evidence at the Scene

If you’re physically able, gather as much information as possible:

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.

• —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.

033. 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.

044. 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:

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.

• —Medical expenses
• —Lost wages
• —Pain and suffering

055. 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:

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.

• —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)

066. 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:

Legal representation also gives you leverage. Insurers know that claimants with experienced attorneys are prepared to fight for full compensation.

At Black Diamond Law, we understand the nuances of California pedestrian accident law and how hit-and-run injury claims are built. We also know how to navigate the emotional side of these cases—the frustration, uncertainty, and feeling of injustice.

• —Investigating the crash
• —Identifying all potential sources of compensation
• —Negotiating with insurance companies
• —Representing you in court if needed

07You 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, Black Diamond 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.

08Can I recover compensation if the driver is never found?

Often yes. Uninsured motorist coverage under your own or a resident family member’s auto policy generally applies to a pedestrian struck by a hit-and-run driver. Prompt police reporting and prompt notice to the insurer are important to preserving that claim.

09Is leaving the scene of a pedestrian accident a felony in California?

It can be. Vehicle Code section 20001 requires a driver involved in an injury accident to stop, and violations involving serious injury or death can be charged as felonies. The criminal case is separate from your civil claim and is not required for you to recover.

10What should I do in the first 24 hours after a hit-and-run?

Get medical care the same day, report the collision to police and get the report number, write down everything you remember about the vehicle, and canvass for cameras — nearby businesses and doorbells often capture the car, and footage is commonly overwritten within days.

11How long do I have to act?

Lawsuits generally must be filed within two years under Code of Civil Procedure section 335.1, but uninsured motorist claims have their own notice and demand requirements under your policy, and claims involving public entities require a government claim within six months. Confirm your dates promptly.

12Related Reading

This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.

• —California Crosswalk Laws Every Pedestrian Should Know
• —What to Do After a Hit-and-Run Accident in California
• —Pedestrian Accident Attorney in San Diego, CA
• —California Good Samaritan Law: When Helping at an Accident Creates Liability
• —Unmarked Crosswalk Laws in California