You still may have a claim for bodily injuries since California law implies a duty on drivers of motor vehicles to still exercise their vehicles in reasonable due care of pedestrians; also California law is a comparative fault state, and allows apportionment of fault to be determined; for example 50% against the driver, and 50% against the pedestrian, or 75% against the driver, and 25% against the pedestrian, and so on.  A California pedestrian must exercise reasonable care for his or her own safety; the care required of the pedestrian must be in proportion to the danger to be avoided, and the consequences that might be reasonably anticipated.