Hit by a car as a pedestrian
in Nevada County?
You don't have to be in a marked crosswalk to have rights. California law protects pedestrians at every intersection — marked or not. Here's what you need to know before you talk to anyone.
Pedestrian accidents are among the most serious injury cases we handle — because when a car hits a person, the injuries are almost always significant. Broken bones, traumatic brain injury, spinal damage, and internal injuries are common. Recovery is long, costs are high, and insurance companies move fast to limit what they pay.
You have crosswalk rights at every intersection — marked or unmarked.
One of the most damaging misconceptions in pedestrian injury cases is the belief that you only have legal protection inside a painted crosswalk. California law defines a crosswalk as the extension of a sidewalk or footpath across any intersection — whether marked with paint or not.
Under California Vehicle Code §275 and §21950, drivers must yield to pedestrians crossing at any intersection — including unmarked crosswalks. The absence of painted lines does not eliminate your rights or the driver's duty to yield. Insurance companies routinely use this myth to pressure unrepresented pedestrians into accepting less than they deserve.
"The driver's duty to watch for pedestrians does not begin and end at painted lines."
What the driver will claim — and how we counter it
The defense in nearly every pedestrian case follows the same script: you stepped out without warning, they had no time to stop, you were outside a crosswalk, you were wearing dark clothing, you were looking at your phone. California's comparative fault rules mean these arguments reduce your recovery — they don't eliminate it. But how effectively they're countered depends on how quickly evidence is gathered and how well the case is built from day one.
Distracted driving is the leading cause of pedestrian accidents in California. A driver who was texting, adjusting their GPS, or simply not watching the road has no valid excuse under California law. Cell phone records, dashcam footage, and witness accounts can establish distraction — but this evidence must be demanded and preserved immediately.
Pedestrian injuries are routinely more serious than they first appear
The adrenaline response after being struck by a vehicle can mask pain and injury symptoms for hours or days. Concussions, internal bleeding, and spinal injuries frequently present with delayed onset. Seek medical attention immediately — even if you feel okay. Gaps in medical treatment give insurance companies ammunition to argue your injuries weren't serious or weren't caused by the accident.
Nevada County's older population means many pedestrian victims are seniors — and senior pedestrian injuries are consistently more severe, recovery takes longer, and the long-term impact on quality of life is greater. These factors are fully compensable under California law and must be documented properly from the start.
If your accident involved a dangerous crosswalk design, missing signage, a faulty traffic signal, or a government vehicle, you have only six months to file an administrative claim — not two years. Contact an attorney immediately if a government entity may be involved.
Where pedestrian accidents happen in Nevada County
Local knowledge matters. Different communities create different pedestrian hazards — and different legal considerations.
Downtown Nevada City
Historic narrow streets, active foot traffic, and a mix of locals and visitors create real pedestrian risk. Sight line limitations, parking lot exits, and unmarked crosswalks at older intersections are frequent accident locations. Drivers navigating unfamiliar downtown streets are often not watching for pedestrians.
Grass Valley commercial corridors
Higher vehicle speeds, commercial driveways cutting across sidewalks, and busy retail areas create significant pedestrian hazard. Drivers exiting parking lots and driveways onto pedestrian paths are a consistent cause of serious injuries along the Brunswick Road corridor and surrounding commercial areas.
Downtown Truckee
Truckee's tourist character means high volumes of unfamiliar drivers navigating a compact historic downtown. Distracted tourists, drivers looking for parking, and seasonal congestion create elevated pedestrian risk — particularly near the commercial district and train depot area.
Truckee resort and trail access areas
Pedestrians accessing trails, ski areas, and recreational facilities often cross roads without formal crossing infrastructure. Drivers near resort areas are frequently distracted, unfamiliar, and traveling at speeds inconsistent with the level of pedestrian activity present.
Hit by a driver who fled the scene
A pedestrian hit and run is a devastating experience. But it does not mean you have no recourse. Your own auto insurance uninsured motorist coverage applies to pedestrian hit and run accidents in California — even though you were not in a vehicle.
File a police report within 24 hours
Under California Insurance Code §11580.2(b)(2), a police report within 24 hours is required to pursue a UM claim. If that deadline has passed, report immediately anyway and contact an attorney — insurers must show actual prejudice to deny coverage for a late report.
Your UM coverage applies on foot
Your auto insurance uninsured motorist policy follows you as a pedestrian in California. Even though you were not in a car, your own policy is typically your primary source of full compensation — medical bills, lost wages, pain and suffering.
Surveillance footage — act within hours
Businesses, traffic cameras, and doorbell cameras near the scene capture vehicles constantly. This footage is overwritten within 24–72 hours. We move immediately to identify and preserve every potential source before it disappears permanently.
Notify your insurer within 30 days
California Insurance Code §11580.2(b)(2) requires you to notify your insurer within 30 days that you will be making a UM claim. Contact an attorney before calling your insurer — how the claim is presented from the start matters significantly to the outcome.
Pedestrian accident questions — answered plainly
Do I have to be in a marked crosswalk to have a claim?
No — and this is one of the most important things to understand. California law defines a crosswalk as the extension of a sidewalk across any intersection — whether painted or not. Under Vehicle Code §21950, drivers must yield to pedestrians at all intersections. Being outside a marked crosswalk may affect comparative fault analysis but does not eliminate your right to compensation.
The driver says I stepped out without warning. Does that end my case?
No. California's pure comparative fault rules mean you can still recover even if you share some responsibility. Drivers have an independent duty to watch for pedestrians and exercise reasonable care. Insurance companies routinely overstate this argument — it almost never holds up when challenged properly by an attorney who knows California pedestrian law.
What if the driver who hit me was uninsured?
Your own auto insurance uninsured motorist coverage typically applies — even though you were on foot. California law extends UM coverage to pedestrian accidents. The process for pursuing this coverage is specific and requires early steps including a police report and timely notice to your insurer. Contact an attorney before contacting your insurance company.
How long do I have to file a pedestrian accident claim?
Generally two years from the date of the accident for private party claims. If a government entity is involved — dangerous crosswalk design, faulty traffic signal, government vehicle — you have only six months to file an administrative claim. Missing this deadline permanently bars your claim. Contact an attorney promptly regardless of the timeline.
I was hit in a parking lot, not on a street. Do I still have a claim?
Yes. Drivers have a duty to watch for pedestrians in parking lots just as they do on public roads. Drivers backing out of spaces, drivers cutting through parking lots at speed, and drivers exiting onto pedestrian pathways are all common causes of serious parking lot pedestrian injuries — and all create liability.
You had every right to be walking there.
Let's make sure that's recognized.
Free consultation. No obligation. If you've been hit by a car as a pedestrian in Nevada County, call before you talk to their insurance company.
Call Michael: (530) 265-0186Prefer email? mp@phillipspersonalinjury.com | 305 Railroad Ave., Suite 5, Nevada City, CA