Hit by a Car While Walking in San Francisco: What Are Your Rights?

Vehicle Code section 21950 generally requires drivers to yield to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection, but pedestrians must also use due care. The Law Offices of J. Chrisp represents injured people and has an office at 1330 Bush Street, Suite 9D, San Francisco, CA 94109. Consultations are free, and there is no fee unless we win.

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What drivers owe pedestrians at crosswalks

Under Vehicle Code section 21950, a driver must yield the right of way to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection. That duty is subject to exceptions elsewhere in the same chapter of the Vehicle Code. A driver approaching a pedestrian in a marked or unmarked crosswalk must use all due care. The driver must slow down or take other action as necessary to keep the pedestrian safe.

Pedestrians still have to use care

The same law says pedestrians may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that it is an immediate hazard. Pedestrians must also use due care for their own safety.

California uses pure comparative fault (Li v. Yellow Cab Co., 1975). Under that rule, a pedestrian’s own negligence does not bar recovery. The damages are reduced in proportion to the pedestrian’s share of fault.

Insurance that may pay a pedestrian’s claim

Source	What the law says
The driver’s liability insurance	For policies issued or renewed on or after January 1, 2025, the minimum liability limits are $30,000 for one person and $60,000 for two or more people in one accident (Vehicle Code section 16056).
Your own uninsured motorist (UM) coverage, if you have an auto policy	Can apply if the driver had no bodily injury liability insurance, or was an unidentified hit-and-run driver and the conditions below are met. It does not apply if a named insured agreed in writing to delete it (Insurance Code section 11580.2).

If the driver left the scene

A driver involved in a crash that injures another person must immediately stop at the scene (Vehicle Code section 20001). The driver must also give the person struck their name, current address and vehicle registration number, and the owner’s name and address (Vehicle Code section 20003).

If the driver is never identified, Insurance Code section 11580.2 sets three conditions before uninsured motorist coverage treats the vehicle as uninsured:

The injury arose from physical contact between the vehicle and the injured person, or a vehicle that person was in.

The accident was reported within 24 hours to the police department of the city where it happened or, in unincorporated areas, to the sheriff or the California Highway Patrol.

A statement under oath was filed with the insurer within 30 days.

Report a hit-and-run right away, and ask nearby businesses and residents for video quickly.

Hit by a Muni bus or city vehicle

Muni is overseen by the San Francisco Municipal Transportation Agency, a department of the City and County of San Francisco. A personal injury claim against a public entity such as the city generally must be presented in writing within six months after the cause of action accrues (Government Code section 911.2). A lawsuit generally cannot be filed until that claim has been acted on or deemed rejected (Government Code section 945.4).

If the six-month deadline is missed, a written application for leave to present a late claim may be made. It is due within a reasonable time, no later than one year after the cause of action accrued, with exceptions listed in Government Code section 911.4. Approval is not automatic (Government Code section 911.6).

What to do after being hit as a pedestrian

Call 911 and get medical care the same day, even if you walked away.
Get the driver’s name, license, plate number and insurance, and the names of witnesses.
Photograph the crosswalk, signals, the car and your injuries.
Get the police report number.
Do not give the driver’s insurer a recorded statement before you have legal advice.

Deadlines

Most pedestrian injury lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). Claims against a public entity, such as the city, follow the separate claim rules described above. If the city rejects the claim and gives written notice, a lawsuit is generally due within six months after the notice is personally delivered or mailed (Government Code section 945.6).

Frequently asked questions

Is the driver always at fault when a pedestrian is hit in a crosswalk?

Not always. Vehicle Code section 21950 generally requires drivers to yield to pedestrians in crosswalks, but it also requires pedestrians to use due care. A pedestrian who suddenly walked or ran into the path of a car so close that it was an immediate hazard may share the fault.

Can I recover if I was jaywalking when I was hit?

You may still recover. California uses pure comparative fault, so a pedestrian’s own negligence does not bar recovery. It reduces the damages in proportion to the pedestrian’s share of fault.

Does my car insurance cover me if I was hit while walking?

It may. If you have an auto policy with uninsured motorist coverage, that coverage can apply when the driver had no liability insurance. It can also apply to an unidentified hit-and-run driver if the conditions above are met (Insurance Code section 11580.2). The coverage does not apply if a named insured agreed in writing to delete it.

What if a Muni bus hit me in San Francisco?

The City and County of San Francisco oversees Muni through the SFMTA. A personal injury claim against the city generally must be presented in writing within six months after the cause of action accrues (Government Code section 911.2). A lawsuit generally cannot be filed until the claim is acted on or deemed rejected. A late-claim application is due within a reasonable time and no later than one year after the cause of action accrued, with limited exceptions (Government Code section 911.4).

If a car hit you while you were walking in San Francisco, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.