Hit By a Car as a Pedestrian – Here’s What to Do (California)

When a pedestrian is hit by a car, the results can be devastating. Holding the at-fault driver accountable may not be as easy as it might seem since you’ll be dealing with insurance adjusters who may resist paying your claim. For the best chance of recovering full compensation, it’s smart to work with qualified pedestrian accident lawyers who will fight for what you deserve.

This article will help Californians know their rights and responsibilities, as well as the steps to take after being hit as a pedestrian.

California Right of Way Laws Regarding Pedestrians

The California Vehicle Code requires drivers to “yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”

While this does not mean that pedestrians have the right of way in all situations, it does give pedestrians the right of way in specific situations. However, drivers must always obey their responsibility to exercise care and avoid hitting pedestrians.

Pedestrians are not allowed to walk into the street at any given time. If a pedestrian wants to cross the street, they must find an appropriate place to do so. State law also requires drivers to take into consideration the presence of cyclists and pedestrians when determining what speed to drive.

California Pedestrian Accident Liability

In general, the standards for liability and negligence in a pedestrian accident in California are the same as in any personal injury case. The burden of proof is on the victim and their attorney to present what’s known as a preponderance of the evidence showing it’s more likely than not that the driver is responsible for your injuries.

As the injured pedestrian, you must prove three elements to recover damages:

• The driver owed the pedestrian a duty of care to drive safely and yield the right-of-way.
• The driver breached the duty of care by their actions or inactions to avoid harming the pedestrian.
• The driver’s negligence is the direct cause of the pedestrian’s injury.

By demonstrating these elements of negligence, you can establish your right to compensation for all costs associated with your injuries caused by the driver.

When you work with a reputable pedestrian accident law firm, your legal team will collect relevant evidence, negotiate on your behalf, and work to maximize what you can receive for your losses.

Potential Causes for Pedestrian Accidents

All Californians owe a duty of care to the people around them. This means that every driver on the road has a duty to be aware of pedestrians, cyclists, and other vehicles. If a driver has not been paying attention to the road, such as illegally texting and driving, they may be considered negligent. This would mean they would be fully at fault for any injuries and damages resulting from hitting you.

Other common causes of pedestrian accidents include:

• The driver was distracted by following GPS directions.
• The driver was under the influence of drugs or alcohol.
• The driver felt they had the right-of-way and proceeded without care for the pedestrian’s safety.
• A stationary object, such as an illegally parked vehicle, blocked the driver’s view of the pedestrian entering the roadway.
• The traffic lights and crossing indicators malfunctioned, leading the driver and pedestrian to be unsure of who should cross an intersection.

In some instances, the driver may not be the only person to blame for the accident. For example, the owner of the illegally parked vehicle may bear some fault, as might the government agency responsible for maintaining the traffic lights. Untangling the details of a pedestrian injury accident can be complicated and require substantial legal experience.

Potential Injuries From a Pedestrian Accident

Even if you think you feel fine after being hit by a car in what appears to be a minor accident, seek treatment from a healthcare professional. Many back, neck, and head injuries aren’t noticeable right away, and seeing a doctor within 24-72 hours after you are hit by a car can ensure these conditions don’t get worse.

Some injuries you could experience as a pedestrian hit by a car include:

• Broken bones and fractures
• Road rash, scrapes, and bruises
• Muscle strains, tears, and sprains
• Internal organ damage
• Blunt force trauma
• Neck, shoulder, and back injuries
• Traumatic brain injuries
• Internal bleeding
• Puncture wounds
• Mouth, eye, ear, and scalp injuries
• Paralysis
• Loss of limb or amputation

By getting diagnosed and treated quickly, you can protect your health and get the care you need for a full recovery. You also have documentation showing that your injuries are from the pedestrian accident and not any other reason. This can be valuable when it comes time for your personal injury attorney to negotiate for a fair insurance settlement.

Potential Compensation You Could Receive in Your Case

Keeping complete records is part of the evidence your attorney will use for your case. They will also use photos, videos, witness interviews, and expert testimony to support your claim for full compensation. Some of the types of damages you could seek include:

• All your medical bills
• Your lost income while you recover
• Your property damage, such as a cell phone or computer
• Your projected medical care costs
• Your pain and suffering, such as mental anguish, loss of limb, or permanent disability

Insurance Companies Prefer to Pay You Less or Nothing at All

Seeking medical treatment after a pedestrian accident will also create essential medical documentation. This documentation shows the extent of the injuries you sustained. This type of evidence is key to a successful legal case against the driver of the car that hit you.

It will also help protect you from predatory insurance companies that claim you were not actually injured in the car accident. Insurance companies, even if they say they want to help, will often take your statements and twist them to make it seem as though your injuries are not serious. That’s why you must see a doctor after you are hit to make sure there is written documentation of your physical pain and injuries.

Keep all medical documentation your healthcare provider gave you regarding the injuries from the accident. Make a file with all receipts related to the accident, including any bills for medical care or medications. If you have to take days off work due to your injuries, document how many hours you have missed and your lost wages for those hours.

Steps to Take When You’ve Been Hit by a Car as a Pedestrian

Being hit by a car can leave you disoriented, confused, and in pain. If you’re able, you should get to safety, but if you can’t move, you should remain still and wait for help. Ask someone to call 911 for medical assistance and police support.

Additional steps you should take if you’re a pedestrian who’s been hit by a car in California include the following:

1) Immediately Seek Treatment For Your Injuries

The first and most critical step you should take as a pedestrian after being hit by a car is to seek medical treatment immediately. Pedestrians do not have the protections that a passenger vehicle does, and injuries from being hit by a car can be incredibly severe or fatal.

Allow a medical expert to evaluate and treat your injuries as soon as possible. Many injuries sustained during an auto-pedestrian accident are internal and will not present with symptoms right away. These types of internal injuries can be fatal and must be detected quickly for proper treatment.

2) Gather Evidence and Contact Information

If your injuries are not serious and you are able to gather evidence, begin by taking down the contact information and insurance information for the driver who hit you. Take pictures of your injuries, the vehicle, road signs, and anything else that will show what happened. If there are witnesses, ask them for their details so your pedestrian accident lawyer can interview them later.

If you are too severely injured, ask someone at the scene to get this information for you. Speak to the police to tell your side of what happened. Later, your attorney can request a copy of the car accident police report either from local law enforcement or the California Highway Patrol.

3) Contact an Attorney Before Speaking to the Insurance Company

Once you have the driver’s insurance details, you can contact the company to file a claim against their mandatory liability coverage. It’s important that you take this step since the driver may have given false information and not have insurance, or they may choose not to report the accident. However, before you begin talking to the insurance adjusters, you should arrange a free consultation with a pedestrian accident attorney.

Just like car and motorcycle accident claims, hiring a skilled lawyer can make or break your case.

An experienced car accident attorney will be able to obtain the maximum amount of car accident compensation for victims and will navigate confusing insurance company tactics. Once you have secured an attorney, they will communicate with the insurance company and negotiate on your behalf to ensure you receive the compensation you deserve.

How Much Does It Cost to Hire a Pedestrian Accident Lawyer?

Because pedestrians hit by cars often suffer such severe injuries, you could be in the hospital wondering how much you’d have to pay to have a seasoned personal injury lawyer take your case. On top of medical bills and being unable to work, it can seem you don’t have that option. Fortunately, you can get superior legal advice without adding to your expenses.

Personal injury attorneys work on a contingency fee payment structure. You don’t pay anything upfront, and their fees come as a percentage of your settlement, so if they don’t win, you don’t pay them. This means that when they accept your case, they do so because they are very confident they can succeed in reaching a satisfactory settlement or jury award.

In addition, most attorneys will offer a free initial case review where you can ask questions and discuss what happened. During this consultation, the lawyer will provide potential options and give you honest advice on whether you have a strong enough case to file an insurance claim or a personal injury lawsuit. You can decide whether you want to proceed, but remember, it doesn’t cost you anything to hire an attorney who uses a contingency payment plan.

Put Your Trust in Curtis Legal Group After You Are Hit by a Car as a Pedestrian in California

After you have been injured by a negligent motorist, you have questions and need experienced legal representation. Dealing with filing claims and potentially going to trial when you are trying to recover can be overwhelming and exhausting. In addition, you only have two years to file a personal injury lawsuit under the California statute of limitations.

Insurance companies often seek to deny car accident insurance accident claims, which can make the entire process frustrating. Having the right attorney on your side will help prevent an insurance company from trying to take advantage of you. Contact a pedestrian accident lawyer at Curtis Legal Group and schedule your free consultation to learn more today.