Q: What Happens If I Miss the Personal Injury Statute of Limitations in California?

A: If you miss the personal injury statute of limitations in California, this likely means that you have lost your chance to claim compensation for your damages from the defendant. An experienced attorney can review the details of your accident and help you approach the case with confidence, and you are more likely to reach a favorable outcome with their assistance.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: The time it takes to settle a personal injury case in California varies based on whether liability for the injury is contested, the scope and severity of the plaintiff’s damages, and whether the plaintiff has hired legal representation. The majority of personal injury cases filed in California every year are resolved through settlement negotiations, but some cases must be resolved through litigation, and this usually takes much longer.

Q: What Is a California Personal Injury Claim Worth?

A: The value of a California personal injury claim depends on the severity of the victim’s damages. If you can prove that a defendant injured you, you have the right to claim compensation for any economic and non-economic damages they inflicted with their negligence or misconduct. Your California personal injury attorney can calculate your total losses and help you secure appropriate compensation as efficiently as possible.

Q: Why Should I Hire a Personal Injury Lawyer?

A: You should hire a personal injury lawyer to have the greatest chance of success in proving fault for your injury and of securing suitable compensation for your damages. Your attorney can help you meet the personal injury statute of limitations in California, accurately calculate your total claimable damages, and negotiate a settlement on your behalf. Ultimately, you have the greatest chance of reaching a favorable outcome with an attorney’s assistance.

What’s the Penalty for Hitting a Pedestrian or Cyclist in California?

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Home » Blog » What’s the Penalty for Hitting a Pedestrian or Cyclist in California?

By Greg Bentley

Pedestrian Accidents

Last Modified on Oct 26, 2026

Being hit while walking or riding a bike leaves you with injuries, bills, and questions. One of them is usually whether the driver will be held accountable. The attorneys at Bentley & More LLP help injured people understand what the driver may face criminally and what compensation they can pursue in a civil claim. A free consultation can help you see where you stand.

Table of Contents

Key Takeaways

Criminal charges against the driver punish the driver. They don’t pay your medical bills or lost wages.
A civil claim is how you recover money, and it doesn’t depend on whether the driver is ever charged.
Leaving the scene, driving drunk, or causing a death can bring felony charges.
In a civil case, “penalty” usually means damages.

What Criminal Penalties Can the Driver Face?

Prosecutors, not victims, decide whether to file charges. Possible charges include:

Hit-and-run: A driver who flees after an injury crash can face state prison, up to a year in county jail, or a fine of $1,000 to $10,000. If the crash causes death or permanent, serious injury, the penalty rises to two, three, or four years in prison, or 90 days to a year in county jail.
DUI causing injury: This is a wobbler, so it can be charged as a misdemeanor or felony. A felony carries 16 months, two years, or three years in state prison. It can count as a strike under California’s Three Strikes law if prosecutors prove the driver caused great bodily injury to someone other than the driver. Courts may add a year for each additional injured person, up to three years.
Vehicular manslaughter: If a pedestrian or cyclist dies, gross negligence can be charged as a felony carrying two, four, or six years in prison. Ordinary negligence is a misdemeanor with up to a year in county jail. If the driver was drunk, prosecutors can charge gross vehicular manslaughter while intoxicated, which carries four, six, or ten years in prison. A drunk driver who kills someone can also be charged with murder.

If the driver is convicted, a judge can also order the driver to pay restitution for your losses. Collecting it can be slow, and it may not cover everything.

Why Criminal Penalties Aren’t Enough: What a Civil Claim May Recover

A conviction doesn’t automatically compensate you. Not every crash leads to criminal charges, and charges can be reduced or dropped. Because negligent driving incidents often involve motor vehicle collisions, civil claims serve as the primary legal mechanism to establish liability. A civil personal injury claim is separate, and it’s the main way to recover what the crash cost you. A civil recovery may include:

Economic damages: for medical bills, future care, lost wages, and reduced earning capacity.
Non-economic damages: for pain, suffering, and loss of enjoyment of life.
Punitive damages: extra damages meant to punish the driver. A jury may award them in cases involving malice or oppression, such as some drunk-driving crashes where the driver knowingly disregarded the danger to others.

If a loved one died, certain family members may seek legal recourse through a wrongful death lawsuit.

Frequently Asked Questions

What if the driver has no insurance?

You may be able to use your own uninsured motorist coverage. If a road defect contributed, a claim against a government entity may also be possible. Injured riders can explore their legal rights by consulting an experienced bicycle accident lawyer to review all available insurance policies.

What if I wasn’t in a crosswalk?

It can affect your share of fault, but it doesn’t automatically clear the driver. Speeding or distracted drivers can still bear significant responsibility. This rule applies equally whether the collision involves a personal vehicle or a commercial rideshare vehicle navigating city traffic.

Can a driver be charged criminally and sued civilly for the same crash?

Yes, these are separate legal systems. A criminal conviction can strengthen a civil case by establishing fault. Anyone hurt by a driver facing charges should still consult a personal injury attorney about compensation.

Bentley & More LLP: A California Personal Injury Law Firm

After a pedestrian or cyclist crash, you may be dealing with a criminal case and an insurance claim at the same time. Bentley & More LLP builds claims through thorough investigation.

If you were hurt in a pedestrian or bicycle accident in California, acting early protects your options. Contact us today to talk through your situation.

About the author: Greg Bentley

Co-Founder & Trial Lawyer at Bentley & More LLP

Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.

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