Steps After a Hit-and-Run Pedestrian Injury in California & Statute of Limitations
Being struck by a vehicle as a pedestrian is frightening enough—when the driver flees, it can feel even more overwhelming. This guide outlines the critical steps California pedestrians should take after a hit and run accident and explains key deadlines that may affect your ability to seek compensation.
Immediate Steps After a Hit-and-Run Pedestrian Accident
Safety comes first. If you’ve been injured by a hit and run driver in California, the following steps can help protect both your health and any future legal claim.
Move to safety if possible. Even if the driver involved has fled, remaining in traffic lanes creates additional danger. If you’re physically able, relocate to a sidewalk or other protected area away from moving vehicles.
Call 911 immediately. Request both medical assistance and law enforcement response—even if your injuries seem minor. Internal bleeding, fractures, and soft tissue damage don’t always present obvious symptoms right away. Seek medical attention the same day to create contemporaneous medical records.
Document everything you can. If physically able, gather evidence at the scene:
- Photograph the crosswalk, traffic signals, skid marks, and debris
- Take photos of your visible injuries
- Note the time, location, and direction the vehicle involved was traveling
- Write down any details about the vehicle (make, model, color, partial license plate)
Collect witness information. Obtain names and contact details from anyone who saw the pedestrian accident. Ask whether bystanders captured dashcam, cell phone, or security footage. Note the locations of cameras on nearby buildings—this footage can be critical for the investigation and compensation process.
Preserve physical evidence. Keep bloodied clothing, damaged personal items, and footwear. These items can corroborate impact severity in later civil proceedings.
After handling these emergency steps, injured pedestrians in California can review essential steps to take after being hit by a car and call 1-800-THE-LAW2 to be connected to an independent personal injury attorney for a free consultation.
Reporting the Hit-and-Run and Working With Law Enforcement
Under California law, including Vehicle Code sections 20001 and 20002, drivers are required to stop after a collision. When they don’t, pedestrians and witness statements play a crucial role in helping law enforcement agencies locate the responsible party.
Report promptly from the scene. When you call 911, provide officers with:
| Detail to Report | Why It Matters |
| Time and place of crash | Helps locate surveillance footage |
| Direction of travel | Narrows search area |
| Vehicle make/model/color | Identifies potential matches |
| Partial license plate | May enable database searches |
| Driver description | Assists identification if located |
| Request a copy of the Traffic Collision Report or incident number from the responding agency (LAPD, CHP, or local police department). Prompt reporting helps law enforcement access nearby surveillance cameras or license plate readers before data is overwritten—often within 30-90 days. |
Keep a written log. After the crash, document pain levels, new symptoms, missed work, and all communications with officers and insurers. This record supports both police reports and any personal injury claim.
Criminal hit-and-run investigations remain separate from civil claims. While police and prosecutors decide whether to pursue criminal charges, an attorney can communicate with law enforcement on your behalf to obtain updates relevant to your civil lawsuit and help you access support and resources for hit-and-run victims.
California Statute of Limitations for Pedestrian Injury Claims After Hit-and-Run
The statute of limitations is the legal deadline to file a civil personal injury lawsuit. Miss it, and a court may refuse to hear your case regardless of injury severity. Understanding what legally qualifies as a hit and run is also important when evaluating your options.
The general rule: Most personal injury claims against private parties in California follow a two-year statute of limitations under California Code of Civil Procedure § 335.1. For hit and run cases involving pedestrians, this clock typically starts on the accident date—not when the at-fault party is identified or arrested.
Example: If a hit and run incident occurs on February 15, 2024, the filing deadline is generally two years from the date of the incident, depending on the specific facts and applicable law[TK1] .
Exceptions for minors: If the injured pedestrian was a minor at the injury date, the deadline is generally extended until age 20 (two years after turning 18), subject to certain exceptions.
Government entity involvement: Claims involving a government entity—such as a city bus or dangerous road condition on public property—require a written government claims notice within up to six months. Missing this deadline can bar your legal claim entirely.
Because exceptions and tolling rules (such as those for mental incapacity) are complex, injured pedestrians can contact 1-800-THE-LAW2 or consult guidance on finding the right personal injury lawyer in California to connect with an independent California attorney who can review specific dates and the legal deadline applicable to their case.
Criminal Statute of Limitations for Hit-and-Run Drivers in California
Two separate timelines exist after a hit and run: one for filing criminal charges against the driver, and one for the injured person’s civil claim.
Extended criminal deadline: California state legislators extended the criminal statute of limitations for hit-and-run offenses to six years under Assembly Bill 184. This applies to both:
- Misdemeanor hit and run (typically property damage only under VC § 20002)
- Felony hit-and-run (injury or death under VC § 20001, punishable by up to four years in prison)
The six-year period generally begins when the crime committed is discovered, depending on how the discovery rule determines the start date in a given case.
Civil deadlines are not extended. Even if prosecutors pursue criminal charges years later, the pedestrian’s two-year civil statute of limitations runs independently. Waiting to see what happens with criminal proceedings can cause your civil deadline to expire—potentially forfeiting your right to recover compensation forever.
The decision to pursue criminal charges rests with the district attorney or city attorney, not the victim’s legal team. For this reason, injured pedestrians should consult with a civil personal injury attorney about their own deadlines rather than waiting for filing criminal charges begins.
Civil Claims Options After a Hit-and-Run Pedestrian Injury
California pedestrians may have civil options even when the hit-and-run driver remains unidentified, especially when working with a top hit and run lawyer for your case and leveraging available support and resources for hit-and-run victims.
If the driver is found: You may pursue a bodily injury claim against the driver’s auto liability insurance. If insurance is insufficient or the at-fault party refuses to settle, you can begin legal proceedings based on a personal injury lawsuit within the two-year limit, often with help from a Los Angeles personal injury lawyer in California if the crash occurred in the LA area.
If the driver remains unknown: Your own insurance may provide coverage:
| Coverage Type | What It May Cover |
| Uninsured motorist coverage (UM) | Bodily injury when at-fault driver is unidentified |
| MedPay | Immediate medical bills regardless of fault |
| Health insurance | Treatment costs (may seek subrogation later) |
| Many California UM policies have strict notice requirements—sometimes requiring reporting within 30 days after a hit and run. Check your policy and act promptly. |
Additional avenues: In some cases, claims against third parties may be possible—for example, a negligent employer, rideshare company, or other party responsible for a dangerous roadway condition. Many of these situations are handled by California personal injury lawyers offering free consultations. Each situation depends on specific facts.
Civil damages in most personal injury cases may include elements such as:
- Medical expenses and future medical care
- Lost wages and diminished earning capacity
- Pain and suffering
Results vary by case. 1-800-THE-LAW2 can connect injured pedestrians with independent attorneys who can review insurance policies and identify all possible civil claim paths.
Special Time Limits: Government Claims and Other Exceptions
Some hit and run cases involve a state agency or other government entity, triggering special deadlines that are shorter than the standard two-year period.
The Government Claims Act deadline: When a government vehicle or dangerous public property condition may have contributed to your injuries, California’s Government [TK1] Claims Act typically may require a written claim within a shorter timeframe, often as little as six months.
A government claim must include:
- Injured person’s information
- Date and location of the incident
- Description of what happened
- General description of damages
After filing, the agency usually has 45 days to respond. The time to file a lawsuit depends on whether your claim receives approval, rejection, or no answer. A rejection date typically triggers a six-month window to file suit.
Other potential exceptions:
- Mental incapacity at the time of injury may toll (pause) the deadline until capacity returns
- At least one party being out of state may affect timing in certain situations
These rules are technical and fact-specific. Don’t assume an exception applies without legal advice. Injured pedestrians should consult with a California personal injury attorney early or use a free legal advice and accident hotline to evaluate any special timing issues—including those involving fall accidents, medical malpractice cases, auto accidents, or car accidents involving government vehicles.
1-800-THE-LAW2 connects callers with independent attorneys who can analyze whether any special statute of limitations rules may apply to their pedestrian hit-and-run case.
How a California Pedestrian Injury Attorney May Help After Hit-and-Run
Legal services are provided by independent attorneys. 1-800-THE-LAW2’s role is to help connect injured pedestrians to experienced pedestrian accident lawyers.
Tasks an attorney may handle:
- Evaluating deadlines and whether california’s statute or exceptions apply
- Reviewing police reports and medical records
- Identifying all potential insurance sources (UM/UIM, MedPay, liability)
- Communicating with the insurance company to help avoid misstatements
- Documenting losses including medical costs, time off work, and ongoing treatment needs
- Managing settlement negotiations or preparing a civil lawsuit if needed
Fee structure: Many California personal injury attorneys work on a contingency-fee basis—attorney fees are collected only if there is financial recovery. However, clients may still be responsible for certain case costs such as filing fees or expert witnesses.
No guaranteed outcomes: Results vary. Each case depends on its specific facts, available coverage, and evidence. No particular settlement or full compensation amount can be promised in advance—whether for car accident claims, medical malpractice, surgical errors, or pedestrian injuries.
1-800-THE-LAW2 offers 24/7 access to free initial consultations with independent California attorneys. Injured pedestrians can discuss their legal rights and options without upfront attorney fees.
If you were injured as a pedestrian in a California hit-and-run, call 1-800-THE-LAW2 or visit the website to be connected with an independent personal injury attorney for a free case review.
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