What steps do I need to take if I was injured as a pedestrian or cyclist hit by a car in California?
If you were injured as a pedestrian or cyclist hit by a car, you must prioritize your health and safety while preserving key evidence for a potential claim. The following steps outline the critical actions you should take immediately after the incident and in the following days.
Step 1: Get Medical Attention Immediately
Your health is the top priority. Call 911 to request police and paramedics. Even if you feel fine, see a doctor as soon as possible, as some serious injuries may not show symptoms right away. Medical records are crucial evidence for your injury claim.
Step 2: Document the Scene and Exchange Information
If you are able, gather information at the scene. Use your phone to take pictures of the car, its license plate, your injuries, your bicycle, and the surrounding area. Get the driver’s name, address, phone number, driver's license number, and insurance information. The driver is legally required to stop and provide this information under California law. Also, get contact information from any witnesses.
Step 3: File a Police Report
Ensure an official police report is filed. If officers responded to the scene, they will create one. Ask for the report number and the officers' names. If the police did not come, go to the nearest police station to file a report yourself as soon as you are able.
Step 4: Preserve All Evidence
Keep detailed records of everything related to the accident. This includes medical bills, receipts for prescriptions, bicycle repair estimates, and records of any missed work. Keep a journal of your pain and how the injuries are affecting your daily life. Do not repair or discard your damaged bicycle or clothing until your claim is resolved.
Important Considerations:
Under California law, a person who causes injury to another through negligence is responsible for the damages. Be aware that you generally have two years from the date of the injury to file a lawsuit under California's statute of limitations. Do not speak with the driver's insurance adjuster or provide a recorded statement without first understanding your rights.
Note:
Avoid discussing the incident on social media. Insurance companies often review public posts to find information that could weaken your claim. Do not accept a quick settlement offer from an insurance company, as it may not fully cover your future medical needs and losses.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California personal injury attorney to protect your rights and explore your options.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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