What to Do If You’re a Pedestrian Hit By a Car in California
Pedestrian Attorney - Montanez Yu
It’s no surprise that in the state of California, thousands of pedestrians get hit on an annual basis. With a high population and several high-density cities, California is ranked number one for pedestrian injuries and fatalities.
Whether you or a loved one got hit in a small beach town or the hustle and bustle of Corona, know that Montanez Yu Law is here to help. Below, we’ll guide you on what to do if you get injured as a pedestrian in the state of California.
Seek Medical Attention
Your health and safety always come first. Whether you’ve experienced small scraps, mild bruising, or severe injuries, it’s critical to seek medical attention right after experiencing an accident as a pedestrian. This should always be the first step.
Not only can checking in with a medical professional ensure you get any injuries tended to, even injuries you didn’t know were present during the incident, but your medical records can be used to help prove your injuries.
Collect Any Evidence
While medical records can be used as evidence, there are other pieces of evidence you should consider gathering. Evidence is important, but sometimes it’s not always possible.
If you can:
Take pictures and/or videos (e.g., the car involved and its license plate, your injuries, the scene itself)
Look for surveillance cameras in the area that may have collected footage of the scene in action
Take down the name, address, insurance information, and contact information of the driver
Gather the names and phone numbers of witnesses
If this is something you’re unable to do due to the extent of your injuries or not having a phone on hand to document the latter, see if a witness can collect evidence on your behalf.
File a Police Report
In California, it’s required to notify the police in the event of a pedestrian injury or fatality. This is true even if the vehicle flees the scene. Police reports should also still be made if the situation was completely accidental.
When the police arrive at the scene, refrain from placing fault on either yourself or on the driver. Keep calm and provide all the necessary details. The police will ultimately determine who was at fault and the next steps to move forward.
Talk with an Injury Lawyer Before Talking with Insurance
If the driver’s insurance company gives you a call after the incident, it’s best to do one of two things. Either direct them to contact your own insurance company. Or, give them your personal injury lawyer’s phone number.
Providing a recorded statement to the driver’s insurance company could actually be used against you. They want to protect themselves. To keep your best interests in mind, leave it to your own insurance company and your attorney to handle the situation.
Learn About California’s Law on Pedestrian Injuries
Did you know that even if you, as the pedestrian, were partially at fault, you may still be eligible to receive compensation for your injuries? It’s true. In California, pure comparative negligence allows injured pedestrians to receive a portion of their compensation, depending on how much they were at-fault for. Say, if your original settlement was $150,000, but you were 50% at fault, then your settlement could potentially be worth $75,000.
Keep the Statute of Limitations in Mind
Sometimes you need to process what just happened. While waiting a bit can be fine, understand that waiting too long could result in your case getting denied. Then, you would no longer be eligible for compensation, even if you weren’t at fault at all.
In California, the statute of limitations on pedestrian accidents is two years from the date the incident occurred. However, if a government vehicle was involved, such as a bus or ambulance, the statute of limitations is just six months. Acting quickly, thus, is imperative.
Final Thoughts
Whether you walk away with zero scratches or mild to severe injuries, a pedestrian accident can be a daunting event. Partial fault or not, every pedestrian deserves justice.
The accident attorneys at Montanez Yu are strong yet sympathetic. We specialize in personal injury cases in California. As your representative, you can trust us to help you achieve the compensation you deserve for your injuries.
If you were involved in a pedestrian accident in California, get a free consultation from us today. We’d love to evaluate your case and help fight for your rights.
Contact us today to speak to a licensed CA attorney.