If you hit a pedestrian while driving in California, you have immediate legal duties. Failing to meet them creates serious criminal and civil liability. California law requires you to stop at the scene, render reasonable aid, identify yourself to the injured person, and report the accident. Beyond these requirements, consulting an attorney promptly protects your rights during the investigation and any resulting civil claim. Attorney Damoun Yazdi at The Accident Network Law Group can provide legal guidance in these difficult situations.

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Key Takeaways

  • California Vehicle Code Section 20001 requires you to stop and identify yourself when you are involved in an accident that injures a person, and CVC Section 20003 requires you to render reasonable aid
  • Leaving the scene of a pedestrian accident is a hit-and-run offense that can be charged as a misdemeanor or a felony in California
  • Calling 911 immediately is both legally required and protects you by creating an official record
  • Do not admit fault at the scene; fault determination happens through investigation, not statements
  • Contact an attorney before giving a statement to any insurance company or law enforcement (beyond basic identification)

Your Legal Obligations Under California Law

California Vehicle Code Section 20001 imposes specific obligations on any driver involved in an accident that results in injury or death. These are not optional. Failure to fulfill them creates criminal liability separate from any civil claim.

Stop your vehicle. You must stop your vehicle at or as near the scene as possible without obstructing traffic or creating further hazards. Do not drive away even temporarily.

Render reasonable aid. CVC Section 20003(a) requires you to render reasonable assistance to any injured person, including transporting them to medical care if needed. California’s Good Samaritan law (Health and Safety Code Section 1799.102) protects individuals who provide reasonable emergency care in good faith from civil liability for their actions.

Provide identifying information. Under CVC Section 20003, you must provide your name, address, and vehicle registration number to the injured person, any other person at the scene, and any law enforcement officer. If the injured person cannot receive this information due to their condition, you must provide it to a witness and report the accident immediately.

Call 911. For any accident involving injury, you should call 911 immediately. Emergency responders will provide medical care for the pedestrian and law enforcement will document the accident.

What Leaving the Scene Means

If you strike a pedestrian and leave the scene without stopping, you commit hit-and-run under CVC Section 20001, a wobbler offense that can be charged as a misdemeanor or a felony. For an accident causing ordinary injury, the penalties include up to one year in county jail, a fine of $1,000 to $10,000, or both, or a felony state prison term. If the accident results in death or a permanent, serious injury, the penalties increase to two, three, or four years in state prison (or 90 days to one year in county jail), a fine of $1,000 to $10,000, and a mandatory one-year driver’s license revocation. Starting January 1, 2027, Senate Bill 907 adds tougher sentences for a driver who flees within 10 years of a prior conviction for DUI, alcohol-related reckless driving, or vehicular manslaughter. The state prison term becomes two, three, or four years for an injury crash, and three, four, or five years when the crash causes death or permanent, serious injury.

What to Do and Not Do After Stopping

Do not admit fault. Saying ‘I’m sorry, it was my fault’ or ‘I didn’t see them’ creates admissions that affect your civil liability. Provide required identification information and cooperate with law enforcement regarding basic facts, but avoid speculation about fault.

Do not give a recorded statement to any insurance adjuster without consulting an attorney. This applies to your own insurance company as well. Your policy requires you to cooperate with your insurer, but cooperation does not require you to give a statement before you have legal guidance.

Document the scene if safely possible. Photograph the location, road conditions, the pedestrian’s position, any crosswalk markings, traffic signals, and road hazards. This preserves evidence that may be relevant to the fault analysis.

Contact an attorney as soon as possible. Pedestrian accidents frequently result in significant injury claims. Having legal representation early ensures you understand your obligations and rights before making any statements that affect your civil liability.

California Laws Relevant to Drivers Who Hit Pedestrians

California Vehicle Code Section 20001 (duty to stop), CVC Section 20003 (duty to render aid and exchange information), CVC Section 21950 (pedestrian right-of-way in crosswalks), California Code of Civil Procedure Section 335.1 (two-year statute of limitations for civil claims), California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025, setting minimum insurance at $30,000/$60,000/$15,000), and California’s pure comparative negligence rule (Li v. Yellow Cab Co., 1975) all apply to these cases.

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Looking for the best accident attorney in Riverside Area? Look no further as Damoun Yazdi is the BEST! He is honest, genuine, well spoken, has your best interest at heart and offers the highest quality of service!

Contact The Accident Network Law Group About a Pedestrian Accident Case

Whether you were the pedestrian who was struck or the driver involved in the collision, the hours immediately after the accident carry real legal consequences, from your duty to stop and render aid to how fault will ultimately be assessed. Attorney Damoun Yazdi, a former law clerk at the Los Angeles County District Attorney’s Office with 12+ years of personal injury experience, can walk you through your obligations and your options.

Injured pedestrians pay nothing upfront; our firm works on a contingency fee basis, and the initial consultation is always free. The Accident Network Law Group serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. Se habla espanol.

Legal Disclaimer

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.