Steps to Take After a Pedestrian Accident in San Jose
Hit by a Car? Here's What to Do Next.
The minutes, days, and weeks after a pedestrian accident shape your health and your claim. Our San Jose attorneys walk you through each step, and take over the ones you shouldn’t handle alone.
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It's Overwhelming. You Don't Have to Get Every Step Right Alone.
Being hit by a car is frightening and disorienting. You may be in pain, in shock, or unsure whether you’re badly hurt. Most people have never had to think about police reports, insurance adjusters, or evidence, and there’s no reason they should have.
What you do next matters for two reasons: your health, and your ability to hold the driver responsible. California is a fault state, so the driver who caused the accident is responsible for the losses you suffer. Proving it takes records, and many of those records are created, or lost, in the first few days.
This page is a checklist. If you’re reading it after the fact and missed a step, don’t worry; call us and we’ll fill the gaps.
Your Step-by-Step Checklist After Being Hit
Call 911 for medical help first.
Even if you feel fine, get checked. Concussions can take time to show symptoms, and internal injuries can worsen by the hour.
Make sure the police come and a report is made.
Stay at the scene if you can. It’s illegal for the driver to leave, and the officer’s report becomes a fresh, neutral record of what happened.
Exchange information, and stick to the facts.
Get the driver’s name, address, phone number, and insurance. Don’t apologize or admit fault to the driver or the officer; just describe what happened.
Gather witnesses and photos while you wait.
Get contact details from witnesses and any passengers in the car. Photograph or video the scene, the car, and your injuries, or ask someone to do it for you.
Get a copy of the police report.
Read it closely. If a witness is missing or a detail is wrong, we can help you ask for a correction or supplement it with statements.
Start a claim file and call a lawyer before the insurer.
Keep the police report, adjuster’s name and number, witness contacts, medical bills, receipts, and photos in one place, then let us handle the insurance calls.
Where the Money Comes From After a Pedestrian Accident
The driver's liability insurance
Because California is a fault state, the at-fault driver’s insurer pays for your medical bills, lost wages, and pain and suffering.
Medical payments (Med Pay) coverage
If the driver carries Med Pay, it may cover your medical bills quickly once you submit the requested proof, which may include the police report.
Your own uninsured motorist coverage
If the driver fled or had no insurance, your UM coverage typically follows you as a pedestrian. It carries strict reporting and notice deadlines, so act quickly.
Other responsible parties
An employer, a rideshare company, or a property owner may also be liable depending on how the accident happened.
What Happens After You Call Us
Once you’ve gotten medical care, the next step is to call us. From there, we take the legal work off your hands so you can focus on healing:
- We contact witnesses and take their statements while memories are fresh
- We secure camera footage and signal data before they’re erased or overwritten
- We obtain the police report and review it for errors or missing details
- We notify the insurers and handle every call and request from the adjuster
- We look for every available source of coverage, including Med Pay and your own policies
- We track your medical treatment and expenses so nothing is left out of your claim
If you contributed to the accident in some way, for example by crossing outside a crosswalk, let us decide how to address it. Partial fault doesn’t end your claim, and how it’s presented matters.
The Rules That Protect You After a Crash
The driver must stop
California requires every driver in a crash to stop, exchange information, and render aid. Leaving the scene of an injury accident is chargeable as a felony (Vehicle Code 20001).
What you say can be used later
Statements at the scene and to adjusters can be quoted back to you. Stick to facts; opinions about fault are for the evidence to decide.
Partial fault doesn't bar recovery
Under California’s pure comparative negligence rule, you can recover even if you were partly responsible; your compensation is reduced by your share.
Two years to file a lawsuit
Most injury claims must be filed within two years, claims against a government entity within six months, and uninsured motorist claims carry their own shorter notice requirements.
What Our Clients Say
I found Jimin through word of mouth. She and her staff are just incredibly transparent and passionate. She made sure that we understood the entire process for our car accident…
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After a Pedestrian Accident: Common Questions
Do I need to call the police if I don't feel hurt?
Yes. Injuries like concussions and internal damage often aren’t obvious at first, and a police report is the foundation of any insurance claim or lawsuit. Call 911 and let paramedics check you.
Why is the police report so important?
It’s a fresh account from all parties given to a neutral officer. It supports your insurance claim, can be used as evidence in a lawsuit, helps the adjuster determine the driver’s fault, and preserves any admission the driver makes, even if they later take it back.
What if the driver admitted fault at the scene but now denies it?
That’s common. If the admission is in the police report or a witness heard it, it can still be used to support your claim.
I was crossing outside a crosswalk. Should I tell the police?
Tell the truth about what happened, but don’t characterize it as your fault. Leave the question of fault to the evidence and to us. Partial fault reduces, but doesn’t eliminate, your recovery.
Should I talk to the driver's insurance adjuster?
Not before you talk to us. Adjusters often call within days and ask questions designed to limit what they pay. We’ll handle those calls for you.
What should I keep in my claim file?
The police report, the adjuster’s name and number, witness contacts, medical records and bills, receipts for expenses, pay stubs showing missed work, and all photos and video.
I didn't do some of these steps. Is my claim ruined?
No. Many people are too injured to do anything but get to the hospital. We can often recover evidence later, from witnesses, cameras, and records. The sooner you call, the more we can find.
Get Your Free, Confidential Case Review, 24/7
After medical care, the most important step is the next call. We’ll take over the evidence, the paperwork, and the insurers. We respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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