Hit by a car while walking in Oakland? Talk to a pedestrian accident lawyer for free

The Law Offices of J. Chrisp represents people hit by cars while walking in Oakland. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

The firm has recovered over $350 million for clients since 2010. The sections below cover its vehicle crash results, what to do after being hit while walking, the duties of drivers and pedestrians, how fault works, who pays, the deadlines and where to get a report or file a claim in Oakland.

Table of Contents

Who pays my medical bills if a driver hits me while I’m walking in Oakland?

Usually the driver’s liability insurance pays first, and your own auto policy may also help, even though you were on foot. The Law Offices of J. Chrisp can look at which policies apply to you at a free consultation. The firm works on a contingency fee, and there is no fee unless we win.

Vehicle crash results

Results from the firm’s vehicle crash cases include:

$5,250,000: Car Crash
$3,375,000: Hertz Rental Car Accident
$2,350,000: Airport Shuttle vs. Car
$2,350,000: Transport Van Crash
$2,350,000: Jury Verdict: Major Head-on Crash with Sheriff
$2,300,000: County Vehicle Crash

Every case is different, and prior results do not guarantee a similar outcome.

What to do after being hit by a car while walking in Oakland

Call 911 and stay where you are if it is safe. A driver involved in a crash that injures someone must stop at the scene (Vehicle Code section 20001).

Get the driver’s name, insurance company and license plate, and the names and phone numbers of witnesses.
Photograph the crosswalk, signals, signs and lighting, and mark the spot where you were hit.
If the driver left, report the crash to the police within 24 hours. This step matters if you later claim under your own uninsured motorist coverage.
See a doctor the same day and keep every bill and record.
Keep the shoes and clothes you were wearing.
Tell your own auto insurer about the crash, even though you were walking.

Driver and pedestrian duties in California

At a crosswalk. A driver must yield the right of way to a pedestrian crossing in a marked crosswalk, or in an unmarked crosswalk at an intersection. A driver approaching a pedestrian in a crosswalk must use due care and slow down or take other action to keep the pedestrian safe (Vehicle Code section 21950). The pedestrian must also use due care. A pedestrian may not suddenly step off the curb into the path of a vehicle so close that it is an immediate hazard, and may not stop or delay traffic in the crosswalk without need.

Outside a crosswalk. A pedestrian crossing outside a crosswalk must yield to vehicles so near that they are an immediate hazard. The driver still has a duty of due care toward a pedestrian on the road (Vehicle Code section 21954).

Between two signals. Between two adjacent intersections controlled by traffic signals or police officers, pedestrians may cross only in a crosswalk. Since January 1, 2023, under AB 2147, a peace officer may not stop a pedestrian for crossing there unless a reasonably careful person would see an immediate danger of a collision. The change does not excuse the pedestrian or the driver from using due care (Vehicle Code section 21955).

At driveways and sidewalks. A driver who drives over a sidewalk, such as when leaving a driveway or a parking garage, must first yield to pedestrians approaching on it (Vehicle Code section 21952).

How fault works when a pedestrian is hit

California uses pure comparative fault (Li v. Yellow Cab Co., 1975). A pedestrian who shared some of the fault can still recover, and the damages are reduced by that share. If you are found 25% at fault, you can recover 75% of your damages. Crossing outside a crosswalk does not by itself end a claim. The question is whether each person used the care the law requires.

Who pays after a pedestrian accident

The driver’s liability insurance. This is usually the first source of payment. For policies issued or renewed since January 1, 2025, the California minimum is $30,000 for injury to one person and $60,000 per accident (Vehicle Code section 16056). Serious injuries often cost more than that.
Your own uninsured motorist coverage. It pays what you could have recovered from an uninsured driver, up to your limits. For the named insured, a spouse and relatives living in the household, it is not limited to times you are in a car (Insurance Code section 11580.2). It can also apply to a hit-and-run driver who cannot be identified, if the vehicle made physical contact with you, you reported the crash to the police or CHP within 24 hours and you give your insurer a sworn statement within 30 days. This coverage can be removed or lowered by written agreement, so check your policy.
Medical payments coverage. If your auto policy includes it, it may help pay medical bills. What it covers depends on the policy terms.

Deadlines for an Oakland pedestrian accident claim

Deadline	What it controls	Source
24 hours	Police or CHP report of a hit-and-run, to claim uninsured motorist coverage for an unidentified driver	Insurance Code section 11580.2
30 days	Sworn statement to your insurer after a hit-and-run	Insurance Code section 11580.2
6 months	Written claim against a public entity, such as the City of Oakland, Alameda County, AC Transit or the state. A late-claim application is possible within one year, within limits.	Government Code section 911.2; section 911.4
6 months after notice	Lawsuit after the public entity mails or delivers a written rejection of the claim	Government Code section 945.6
2 years	Most personal injury lawsuits	Code of Civil Procedure section 335.1

Reports, claims and court for an Oakland pedestrian crash

The Oakland Police Department collision report. Reports can be bought online through BuyCrash for $30, which includes a $5 fee. They can also be bought in person or by mail for $25 from the OPD Eastmont Substation, Traffic Investigations Unit, 2651 73rd Avenue, Oakland, CA 94605. The city says reports are usually ready 60 to 90 days after the collision.

A broken sidewalk or other city property. A public entity can be liable for an injury caused by a dangerous condition of its property if the injured person proves the elements of Government Code section 835. Claims against the City of Oakland go to the Oakland City Attorney’s Office, 1 Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612. The office also accepts claims by email at [email protected].

An AC Transit bus. AC Transit asks for its Claim for Damages form, filed with the AC Transit District Secretary, 1600 Franklin Street, Oakland, CA 94612. It does not accept claims by fax or email.

Court. A lawsuit over an injury in Oakland can be filed in the Superior Court of California, County of Alameda (Code of Civil Procedure section 395). The court’s René C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612, hears civil cases.

Offices, service area and recognition

The firm does not have an office in Oakland. Its closest office is across the Bay in San Francisco at 1330 Bush Street, Suite 9D, San Francisco, CA 94109. Its other offices are in Santa Rosa (3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403) and Lower Lake, its main office (9667 Highway 29, Lower Lake, CA 95457). The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area.

The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Founding attorney Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026. He was selected to Northern California Rising Stars from 2013 to 2021, an honor awarded to only 2.5% of attorneys in the state. In 2018, he was one of four finalists for San Francisco Trial Lawyer of the Year. He has represented thousands of injured clients. Spanish-speaking staff are available.

A client testimonial on chrisplaw.com reads: “I had an excellent experience working with Jesse Chrisp.” (Whitney Stevenson)

Frequently asked questions

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

It may. Uninsured motorist coverage for the named insured, a spouse and relatives in the household is not limited to riding in a car (Insurance Code section 11580.2). Medical payments coverage, if your policy has it, may also help. The details depend on your policy.

What if the driver who hit me drove away?

Report the crash to the police or CHP within 24 hours and tell your insurer. Uninsured motorist coverage can apply to an unidentified hit-and-run driver if the vehicle made contact with you and you give your insurer a sworn statement within 30 days.

Did the 2023 change to California’s jaywalking law make crossing mid-block legal?

Not in every case. Vehicle Code section 21955 still says that between two adjacent signal-controlled intersections, pedestrians may cross only in a crosswalk. What changed is that an officer may not stop a pedestrian for it unless there was an immediate danger of a collision. Drivers and pedestrians must both still use due care.

What if a broken sidewalk in Oakland caused my fall or injury?

A claim against the City of Oakland generally must be presented in writing within six months (Government Code section 911.2). Claims go to the Oakland City Attorney’s Office at 1 Frank H. Ogawa Plaza, 6th Floor, or by email to [email protected].

Where is the closest Law Offices of J. Chrisp office to Oakland?

The closest office is in San Francisco at 1330 Bush Street, Suite 9D, San Francisco, CA 94109. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

If you were hit by a car while walking in Oakland or elsewhere in Alameda County, 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.

Why choose 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.