When a car hits a person on foot, the driver’s insurer often has a ready answer: you crossed in the wrong place. That answer is not the law. This article explains who can be responsible after a pedestrian is hit in California, and what has changed since we first wrote about it in 2024.
How many pedestrians are killed in California?
The numbers are coming down, but they are still high. Here is what the most recent data shows:
- 2023: 1,106 pedestrians were killed in California, according to the California Office of Traffic Safety, using federal crash data. That was about 27 percent of all traffic deaths in the state.
- 2024: 1,067 pedestrian deaths, based on final federal data reported by the Governors Highway Safety Association (GHSA) in July 2026.
- 2025 (preliminary): 828 deaths, a drop of about 22 percent. GHSA reported that California had the largest decline of any state. It still had the highest number.
Early counts can change. GHSA’s preliminary estimate for 2024 was 928 deaths. The final federal number was 1,067. Treat the 2025 figure as a starting point, not the final word.
Who counts as a pedestrian?
Under Vehicle Code section 467, a pedestrian is anyone on foot. The term also covers a person using a human-powered device other than a bicycle, like a skateboard or kick scooter, and a person using an electric personal assistive mobility device. It also covers someone who uses a motorized wheelchair or similar device because of a disability. Bicyclists and e-scooter riders fall under different rules. How you were traveling can change which laws apply, so it is one of the first facts a lawyer checks.
Why are pedestrian crashes so deadly?
Size is part of it. A November 2023 study by the Insurance Institute for Highway Safety found that vehicles with a hood more than 40 inches high were 45 percent more likely to kill a pedestrian in a crash than cars with a hood 30 inches high or lower. Tall, blunt front ends tend to strike the torso and hips and throw a person forward. Head and spinal injuries, fractures and amputations are common.
What does a driver owe a person on foot?
A driver must yield to a pedestrian in a marked crosswalk or in an unmarked crosswalk at an intersection. A driver approaching a crosswalk must use all due care and slow down as needed (Vehicle Code section 21950). Outside a crosswalk, a pedestrian generally must yield to vehicles close enough to be an immediate hazard. But the same statute says this does not excuse the driver from using due care for any pedestrian on the road (Vehicle Code section 21954, subd. (b)).
The crashes we see most often involve a driver who was:
- Looking at a phone or otherwise not watching the road
- Going too fast for the conditions
- Turning without checking the crosswalk
- Impaired by alcohol or drugs
“You weren’t in the crosswalk.” Does that end the case?
No. The Freedom to Walk Act (AB 2147, Chapter 957, Statutes of 2022) took effect January 1, 2023. It says a police officer may not stop a pedestrian for crossing outside a crosswalk, or for several other pedestrian infractions, unless a reasonably careful person would realize there was an immediate danger of a collision. The law also says it does not relieve the pedestrian of the duty to use due care. And it does not relieve the driver of the duty of care for pedestrians in the roadway.
In practice, where you crossed is one fact. How fast the driver was going, whether the driver was distracted, how much the driver could see, and whether the driver could have stopped are other facts. California uses comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If you were partly at fault, your recovery is reduced by your share. It is not wiped out. That is why insurers work hard to put more blame on the person walking than the evidence supports.
What’s new since 2024
Parking too close to a crosswalk
AB 413, signed in October 2023, added subdivision (n) to Vehicle Code section 22500. It bars stopping, standing or parking within 20 feet of the approach side of any marked or unmarked crosswalk, or within 15 feet where there is a curb extension. This “daylighting” rule keeps parked vehicles from hiding people about to cross. Since January 1, 2025, cities may issue citations whether or not the curb is painted or signed. When an illegally parked vehicle blocked the driver’s view, its owner or driver may share responsibility. Under Evidence Code section 669, violating a safety law can create a presumption of negligence when the injury is the kind the law was meant to prevent.
Lower speed limits
AB 43 (Chapter 690, Statutes of 2021) lets cities lower speed limits by 5 mph in some locations, including designated safety corridors, and set 25 or 20 mph limits next to busy business districts. Those powers began June 30, 2024. In 2025, AB 382 (Chapter 555, Statutes of 2025) let cities set a 20 mph limit in school zones. Starting January 1, 2031, 20 mph becomes the school zone limit when children are present or during posted hours. A lower posted limit makes it harder for a driver to argue that their speed was reasonable.
Speed cameras
AB 645 (Chapter 808, Statutes of 2023) created a speed camera pilot in Los Angeles, San Jose, Oakland, San Francisco, Glendale and Long Beach, running until January 1, 2032. Fines are civil, run from $50 to $500, and carry no license points. San Francisco began issuing citations on August 5, 2025. In May 2026, the SFMTA reported a nearly 80 percent drop in the share of drivers going 10 mph or more over the limit at camera locations. As of September 2026, LADOT planned to launch 125 cameras in late summer or fall 2026.
When the road itself is the problem
Sometimes the danger is the street: poor lighting, a crosswalk with no signal on a fast road, a missing sidewalk, or an intersection with a known crash history. A public entity can be liable for a dangerous condition of its property if it created the condition or had notice in time to fix it (Government Code section 835). These claims start with a written government claim, and its deadline is much shorter than for a lawsuit against a driver. Read more about claims against a government agency.
What to do after a pedestrian accident
- Get medical care now. Some injuries, including brain injuries, show up days later. A gap in treatment is the first thing an insurer points to.
- Save the evidence. Write down where and when it happened and who saw it. Nearby business cameras often record over footage within days.
- Photograph the scene, including parked vehicles near the crosswalk, signals and speed limit signs.
- Don’t give a recorded statement to the driver’s insurer. You are not required to.
- Check your own policy. Your uninsured and underinsured motorist coverage can apply even when you were walking.
- Talk to a lawyer early, especially if a public road may be part of the problem. The government-claim clock starts right away.
TORKLAW handles pedestrian accident and wrongful death cases throughout California.
Frequently asked questions
Is jaywalking legal in California now?
Not exactly. Since January 1, 2023, police generally cannot stop a person for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of a collision. Pedestrians still have a duty to use due care for their own safety.
Can I recover if I was hit outside a crosswalk?
Often, yes. Drivers must use due care for pedestrians anywhere on the road. If you share some fault, California reduces your recovery by your percentage of fault. It does not bar the claim.
Who else can be responsible besides the driver?
Depending on the facts, the driver’s employer, the owner of a vehicle parked illegally near the crosswalk, or a public agency responsible for a dangerous road may share responsibility.
How long do I have to file a claim?
Deadlines vary by state and by case, and claims against a government agency can have much shorter deadlines. Contact a lawyer promptly.