If a driver hit you while you were walking in Sacramento or San Jose, you can usually claim against that driver’s insurance, and the general deadline to sue in California is two years (California Courts). If a city vehicle, a city street defect or a bad crosswalk played a part, a written claim to the city is generally due within six months (Gov. Code 911.2).
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What do California crosswalk rules say?
California drivers must yield to a pedestrian crossing in a marked crosswalk, or in an unmarked crosswalk at an intersection, and must slow down or take other action as needed to keep the pedestrian safe (Veh. Code 21950). Pedestrians must not suddenly step in front of a car that is too close to stop. Outside a crosswalk, pedestrians must yield to vehicles close enough to be a hazard, but the driver still owes a duty of care (Veh. Code 21954).
If you were partly at fault, California reduces what you recover by your share but does not bar the claim (B.B. v. County of Los Angeles). Nationally, NHTSA counted 7,314 pedestrians killed in 2023, with 77 percent of those deaths in the dark (NHTSA), so lighting and visibility are often part of the argument.
How do I file a claim against the City of Sacramento?
The City of Sacramento’s instructions say every personal injury or property damage claim against the city must be filed with the Office of the City Clerk, 915 I Street, 5th Floor, Sacramento, CA 95814, on the city’s claim form, in person or by mail (City of Sacramento). Claims sent to the City Attorney, Risk Management or other departments are not accepted. The claim form says claimants are told what action will be taken within 45 days, plus extra days if the form is mailed (claim form).
The same instructions say claims against Sacramento Regional Transit, Sacramento County, SMUD, the school district and similar agencies must go directly to those agencies. They also list Sedgwick as the contact for questions, which means a Sedgwick adjuster may handle a city claim.
How do I file a claim against the City of San José?
San José’s claim form says claims for injury go to the Office of the City Clerk, 200 E. Santa Clara Street, Tower, 14th Floor, San José, CA 95113, and generally must be filed within six months after the incident, citing Government Code 911.2 (City of San José). The form asks for a description of what happened and where, the city employees or departments involved, an itemized list of amounts claimed with bills, and witness and doctor information, signed under penalty of perjury.
A city can be liable for a dangerous condition of its property, such as a broken signal or hidden hazard, if it created the condition or had notice in time to fix it (Gov. Code 835). Keep a copy of everything you file with either city, note the date you mailed or delivered it, and ask for a stamped copy if you file in person. If the city rejects the claim, or does not act on it, the next step is usually a lawsuit on its own short deadline, so do not let the paperwork sit.
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What if the driver drove away or had no insurance?
A driver in a crash that injures someone must stop at the scene (Veh. Code 20001). If the driver fled or was uninsured, your own uninsured motorist coverage may help even though you were walking; see who pays when an uninsured driver hits a pedestrian. California’s minimum liability coverage is $30,000 per person and $60,000 per accident for injury (DMV), so serious injuries can exceed the at-fault driver’s policy.
What to do now
- Get medical care and keep every record.
- Report the crash to police and get the report number.
- Photograph the crosswalk, signals, lighting and your injuries.
- Ask nearby businesses in writing to keep their video.
- If a city vehicle or street was involved, mark the six-month claim deadline.
- File with the correct office: the City Clerk in Sacramento or San José, or the transit or county agency involved.
- Talk to a lawyer before giving a recorded statement.
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Hit by a car in Sacramento or San Jose? Call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
Can I make a claim if I am not a U.S. citizen?
Generally, yes. In a California injury case, the other side cannot use your immigration status as evidence or ask about it in discovery (Evid. Code 351.2).
How much does a pedestrian accident lawyer cost?
Usually a percentage of the recovery, in a written contract (Bus. & Prof. Code 6147). At Beverly Law, you owe no fees or costs unless we win.
Do I file with the city if a light rail train or bus hit me?
Not with the city. Sacramento’s instructions say transit and county claims go directly to those agencies.
Is the deadline two years or six months?
Two years generally applies to a claim against a private driver. A claim against a public agency generally must be presented within six months first.
Can I sue if the driver says I crossed against the light?
You may still recover, reduced by your share of fault. Video and witnesses often decide this. Ask nearby businesses and the city for any camera footage right away.
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Related pages
Accident Lawyer Guides · Pedestrian accident lawyer · Accident lawyer guides · Pedestrian hit by an uninsured driver in California · Sedgwick auto claims · Law Blog
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Sources
- City of Sacramento, How to file a claim
- City of Sacramento, Claim form
- City of San José, Claim against the City form
- Cal. Gov. Code 911.2
- Cal. Gov. Code 835
- Cal. Veh. Code 21950
- Cal. Veh. Code 21954
- Cal. Veh. Code 20001
- Cal. Civil Code 1714
- B.B. v. County of Los Angeles (Cal. 2020)
- California Courts Self-Help, Statute of limitations
- California Courts Self-Help, Statute of limitations (Spanish)
- NHTSA, Pedestrians: 2023 Data (DOT HS 813 727)
- California DMV, Insurance requirements
- Cal. Evid. Code 351.2
- Cal. Bus. & Prof. Code 6147
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.