Posted On January 6, 2026 California,Pedestrian Accident

Hit While Walking in Ontario, CA: Attorney Guide

Getting hit by a car while you’re walking can flip your life upside down in minutes pain, medical bills, missed work, and insurance calls that start almost immediately. If you were hit while walking in Ontario, California, the steps you take in the hours and days after the crash can protect both your health and your ability to recover fair compensation.

This guide explains what to do next, how fault works under California law, what evidence matters, and when it’s smart to talk to an attorney.

What to Do Immediately After a Pedestrian Accident

Get to Safety and Call 911

If you can move, get out of traffic and into a safe place. Call 911 (or ask someone nearby to call) and request police and medical assistance.

Even if you think you’re “mostly okay,” symptoms from common pedestrian injuries concussions, internal bruising, soft tissue damage, or fractures can show up hours later.

Get the Driver’s Information (If Possible)

If the driver stays, try to gather:

Driver’s name, phone number, and address
Driver’s license number
Insurance carrier and policy number
License plate number and vehicle make/model

If the driver refuses to share information or becomes aggressive, don’t argue. Focus on safety and let police handle it.

Document the Scene Like You’re Building a Case File

Evidence disappears fast. If you’re able, use your phone to capture:

The exact location (street signs, landmarks)
Crosswalk markings, pedestrian signals, traffic lights
The car’s position and any visible damage
Skid marks, debris, and road conditions
Lighting and visibility (nighttime conditions matter a lot)
Your injuries and torn or bloodied clothing

Tip: Take a few wide shots, then close-ups. Wide shots show context. Close-ups show detail.

Get Witness Names and Contact Info

Witnesses can be the difference between a “he said/she said” claim and a clear liability case. Ask for:

Name and phone number
Where they were standing
What they saw (a quick note or voice memo helps)

Identify Nearby Cameras

Look for:

Convenience stores, gas stations, restaurants
Apartment buildings with doorbell cameras
Traffic cameras (where available)
Dashcams from stopped vehicles

Footage is often overwritten within days. The sooner it’s preserved, the better.

Get Medical Care (This Protects Your Health and Your Claim)

Don’t Wait to Get Checked

Pedestrian crashes commonly cause:

Head injuries and concussions
Wrist/hand injuries (people instinctively brace for impact)
Knee and hip injuries
Back and neck injuries
Fractures and deep bruising

Getting evaluated the same day creates a medical record that links your injuries to the crash something insurers pay close attention to.

Follow Up and Keep Your Records

If your doctor recommends follow-up care (orthopedics, physical therapy, imaging, or specialist visits), follow through and keep:

Discharge paperwork
Imaging results (X-rays, MRI/CT notes)
PT notes and appointment summaries
Receipts for medications and medical devices
A simple pain journal (sleep, walking, standing, work limitations)

Avoid Common Mistakes

Skipping appointments because you feel temporarily better
Downplaying pain in medical visits (“I’m fine” can appear in records)
Posting too much on social media (insurers look for anything to argue you’re not injured)

Where Pedestrian Accidents Commonly Happen in Ontario, CA

Ontario has busy intersections, high-traffic corridors, and plenty of turning movements conditions that increase pedestrian risk. Common hotspots for crashes include:

Intersections and Crosswalks

A frequent scenario is the right-turn or left-turn driver who focuses on traffic gaps and fails to see a pedestrian already in the crosswalk.

Multi-Lane Roads

Multi-lane roads can create a “shielding” effect: one car stops, another lane keeps moving, and the moving driver doesn’t see the pedestrian until it’s too late.

Parking Lots and Driveways

Backing out collisions are more common than people think especially with larger vehicles and delivery drivers making quick stops.

How Fault Works Under California Law

California follows a comparative negligence system. That means fault can be shared. You can still recover compensation even if you were partly at fault your recovery may just be reduced by your percentage of responsibility.

Drivers Often Have Strong Duties Toward Pedestrians

Drivers have a duty to use reasonable care, including:

Keeping a proper lookout
Slowing for conditions (nighttime, rain, glare)
Yielding when required
Turning safely and checking crosswalks

Pedestrians Also Have Responsibilities

Depending on the facts, insurers may argue pedestrians contributed by:

Crossing outside a crosswalk
Entering the roadway suddenly
Ignoring a “Don’t Walk” signal
Walking while distracted

The real question is usually what was reasonable under the circumstances and what evidence proves it.

Example: Crosswalk Right-Turn Collision

A pedestrian starts crossing with the “Walk” signal. A driver turns right while looking left for oncoming cars and hits the pedestrian. In many cases, liability points strongly to the driver for failing to yield and failing to check the crosswalk before turning.

Example: Mid-Block Crossing at Night

A pedestrian crosses mid-block wearing dark clothing. A driver is speeding. Fault could be shared: the pedestrian for crossing outside a crosswalk, the driver for driving too fast for conditions. Comparative negligence could reduce damages but not necessarily eliminate them.

The Evidence That Strengthens a Pedestrian Injury Claim

Police Report (Useful, But Not Perfect)

A police report can help document:

Parties involved and insurance information
Witnesses
Basic crash diagram and statements

However, reports can contain errors or incomplete details especially if you were transported to the hospital and couldn’t explain what happened. If you notice mistakes, an attorney may help clarify or supplement the record.

Video Footage (Often the Best Evidence)

Video can settle disputes about:

Whether you were in the crosswalk
Signal timing (“Walk” vs “Don’t Walk”)
Whether the driver rolled through a turn
Speed and attention

Because many systems overwrite quickly, acting early matters.

Medical Timeline

Insurers look for gaps. Prompt care and consistent follow-up often makes your claim more credible.

Documentation of Work Impact

Keep records of:

Missed shifts
Reduced hours
Doctor notes and work restrictions
Lost bonuses/tips if applicable

Insurance: What to Expect (and What to Avoid)

You May Get a Call Quickly

The driver’s insurance adjuster may call within days or even the same day. Their job is to minimize the payout. They may sound friendly, but be careful.

Be Cautious With Recorded Statements

You are not obligated to give an on-the-spot recorded statement to the other driver’s insurer. If you’re unsure, it’s reasonable to politely say you’ll respond after you’ve received medical care and had time to review what happened.

Watch Out for Fast Settlement Offers

A quick offer may seem tempting when bills start arriving, but it can be risky if:

Your injury worsens
You need more treatment than expected
You discover a concussion or ligament injury later
You need time off work beyond the initial estimate

Once you settle, you usually can’t go back and ask for more.

What If the Driver Is Uninsured or It Was a Hit-and-Run?

In some cases, UM/UIM coverage (uninsured/underinsured motorist) may apply through an auto insurance policy in your household, even if you were walking. These situations can be complicated, and it’s worth getting legal guidance.

What Compensation Can Include

Every case is different, but pedestrian accident compensation often includes:

Economic Damages

Emergency care, hospital bills, surgery
Physical therapy and rehabilitation
Medication and medical devices
Follow-up specialist visits
Lost income and diminished earning capacity
Out-of-pocket costs (transportation, assistance, home support)

Non-Economic Damages

Pain and suffering
Emotional distress and anxiety
Loss of enjoyment of life
Scarring or disfigurement

Future Medical Needs

Serious injuries may require long-term therapy, additional procedures, or ongoing care. A good claim accounts for what you’ll need not just what you’ve already paid.

Deadlines: Why You Shouldn’t Wait

California injury cases have deadlines, and evidence gets harder to collect over time. Also, if a government entity is involved (for example, a city vehicle, public bus, or a dangerous roadway condition involving a public agency), notice requirements can be much shorter than standard injury cases.

Even if you’re not sure who may be responsible, it’s smart to get guidance early.

When to Talk to a Pedestrian Accident Attorney

You don’t need to “wait until it’s serious” to get legal help especially when injuries or fault are disputed.

Consider speaking with an attorney if:

You went to the ER, urgent care, or needed imaging
You have a head injury, fracture, or significant pain
The driver blames you (“you weren’t in the crosswalk”)
The insurer offers a low settlement or delays
It was a hit-and-run or uninsured driver
A commercial vehicle or delivery driver was involved

What a Lawyer Can Do for You

Preserve video evidence and locate witnesses
Handle insurer communication and negotiation
Document your damages properly (including future care)
Build a strong liability narrative using evidence, experts, and records

Frequently Asked Questions

What if I wasn’t in a crosswalk?

You may still have a claim. Fault depends on what each party did and what was reasonable under the circumstances. Comparative negligence may apply.

What if the driver says they “didn’t see me”?

That doesn’t automatically excuse the driver. Drivers are expected to maintain a proper lookout and drive safely for conditions.

Should I talk to the adjuster?

You can, but be cautious especially with recorded statements and quick settlements. It’s often safer to get advice first.

Take the Next Step

If you were hit while walking in Ontario, CA, focus on your health first then protect your rights by documenting the crash, getting consistent medical care, and avoiding rushed insurance decisions.

If you want help understanding your options under California law, contact MontgomerySteele.com today.

“Disclaimer:

The content provided on this blog is for general informational purposes only and does not constitute formal legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees. The information provided here should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

Your use of this blog and any information contained herein does not create an attorney-client relationship between you and our firm. For advice regarding your individual situation, please contact our office as we would be happy to discuss your case. We expressly disclaim all liability with respect to actions taken or not taken based on any or all the contents of this blog.”