Legal Guide for California Pedestrian Accident Victims

Getting struck by a car can leave you in shock, and in many cases, with very serious injuries. It happens far too often on busy California streets that carry too many careless drivers.

Injured pedestrians might spend the night in the emergency room. Others could have to endure weeks in a hospital bed. Once they’ve been stabilized, patients can be left to wonder who will pay for the rising medical costs and other disruptions to the victim’s normal life and routine. Things like going to work to earn a paycheck and spending time with family members become much harder to accomplish while in recovery.

California personal injury laws protect pedestrians after they’ve been hurt by reckless motorists. Victims should know about every benefit available and every trick an insurance adjuster may try to pull to deny coverage.

The Driver’s Responsibility To Protect California Pedestrians

Pedestrians have the right-of-way in California crosswalks and in intersections where a crosswalk is implied but lines aren’t in place. Drivers are required to slow down when seeing a pedestrian in an intersection or near an intersection. They must be ready to stop to avoid a collision.

The duties of all drivers approaching crosswalks are laid out in California Vehicle Code CVC 21950.

Drivers carry a greater responsibility to prevent pedestrian accidents due to the vulnerability of someone on foot when compared to the size, weight, and speed of a vehicle. Any collision can be life-threatening. It’s why drivers can be cited in accidents even when pedestrians were jaywalking when they were hit.

CVC 20003  goes into the duties of a driver who strikes a pedestrian. Drivers must stop. If anyone is injured, they must call 911 immediately and arrange for transportation of the injured, even if that means driving the patient to the hospital themselves.  When these duties aren’t followed, drivers can face hit-and-run charges, criminal prosecution, and jail time. (Pictured: Pedestrian Crossing Blackstone Avenue at Shaw Avenue in Fresno)

What to Do Right After a California Pedestrian Accident

Make sure everyone is safe, including yourself. Get out of the path of traffic if you are in line to get hit again. Check yourself for injuries. Call 911 and request an ambulance if you are hurt.

Once officers have arrived and the scene is secure, you’ll want to gather some of the important evidence that’s only available in those moments before an accident is cleared.

If you are left strong enough, try to collect these details and complete these critical tasks:

• Allow paramedics to check out every injury and pain you feel. Go to the hospital if necessary.
• Give the responding police officer or CHP officer a full account of what happened.
• Take photos. Document the car involved and its license plate. Show the damage to the car. Show street signs, traffic markings, and crosswalks nearby. Take pics of any visible injuries.
• Talk to any witnesses. Find out how your personal injury attorney can contact them later.
• Ask someone for help. If you must leave for the emergency room, ask someone with you or a helpful witness to gather a few pieces of evidence for you. They can take photos and get witness addresses and phone numbers.
• Exchange information with the driver involved if an officer doesn’t provide you with the information. Don’t make statements about fault in the accident or your injuries. Saying you’re “okay” will give insurance companies an excuse to claim your injuries aren’t that bad later.
• Schedule an appointment with your doctor. Make an appointment and get every injury examined and documented. Follow the doctor’s orders. Attend physical therapy and see specialists if instructed to do so.
• Keep any evidence of damage, such as bloody clothing and broken personal items.

The Insurance Claims Process for California Pedestrian Accident Victims

1. Preparing and submitting your claim – You’ll compile all the evidence you have to include with your insurance claim. An experienced law firm like Maison Law can help you secure accident reconstruction data and expert witness testimony if necessary. Your lawyer can also fully investigate what happened to you, include that evidence in your claim, and then submit your claim for you.
2. Waiting on a response to your claim – The insurance company may extend a quick offer, hoping you’ll accept a low value settlement. They could keep you waiting for a response, hoping you’ll give up on getting support. California sets limits on how long an insurer can delay your claim response. Your lawyer can deal with insurers directly and call them out if they purposely make you wait. This is an unforgivable way to treat victims who are dealing with injuries and a total upheaval of their lives.
3. If the insurer makes a settlement offer – You and your attorney would go over the offer and make sure it meets your needs now and in the years ahead. This often hinges on the expected costs of your medical bills and the time you’ll miss work.
4. Settlement negotiations – If you decide the settlement isn’t enough, your lawyer will reject it on your behalf and demand more. A skilled lawyer should have plenty of experience at the negotiation table. The lawyer’s dealings with similar cases to yours will also help in determining what an insurance company should be willing to provide. Your lawyer would demand the maximum in compensation available for you.
5. If the insurer rejects your claim — If an insurer rejects your claim and refuses to accept responsibility for a policyholder, then you have the option of taking the insurance business to court. Your lawyer will have evidence prepared to file a lawsuit and drag the insurer before a judge and jury. However, settlements are the usual outcome in personal injury cases. Most victims don’t have to go to court. Insurance companies try to avoid courtroom appearances because it’s costly and can damage their reputation. A case can be settled at any time in the lawsuit process, even during a trial.
6. A settlement check or trial award – If your case is successful, you’d receive a settlement check or judgment after a trial.
7. Pay an Attorney – Pedestrian accident lawyers usually work on a contingency basis. It means they take on your case without any upfront pay. They’d only be paid if your case is won. If successful, the lawyer’s fee would come out of the settlement money you were awarded.

Insurance Tactics to Avoid for Pedestrians Struck by a Driver

Pedestrian traffic accident victims may be fighting a difficult battle to recover from their injuries, but unfortunately, they may face another battle with the at-fault driver’s auto insurance provider.

There are many tactics that car insurance adjusters are highly trained for. The tactics are meant to wear you down and get you to accept far less than you need to recover from your accident. If possible, adjusters will use these tricks to find an excuse to give you zero help with your recovery.

Watch out for these shady insurance practices:

• Asking for a recorded statement. Insurers will call you asking how you’re doing, but checking on your wellbeing isn’t their true goal. They’ll ask you to make a recorded statement about what happened in your accident. You should politely decline and only offer basic information. Insurers hope to record you saying something they can twist to attack your injury claim later. Don’t give them the chance. Refer them to your attorney. Your attorney will handle all further communications, giving you time to focus on healing.
• A Quick Settlement Offer. In some cases, insurance adjusters will respond quickly and offer you a settlement immediately. Beware. Insurance companies are usually just wanting to get you out the door quickly, before the true cost of your recovery, perhaps over months, becomes known. They make you a “lowball” offer that only covers your first night in the emergency room. But what happens if you require physical therapy or surgery to fully recover? These costs likely won’t be covered if you settle immediately. The future medical bills will become your and your family’s burden. Always have a skilled California Pedestrian Accident Lawyer check over any quick settlement offer.
• Delaying a response. In other cases, insurers are slow to react. It’s part of the plan. Insurance adjusters are good at wearing you down by delaying their response to your accident claim. The longer they wait to let you know what they think of your case, the more worried you get about medical invoices and other bills that begin to pile up. You may have to skip mortgage payments and car payments while you can’t work. Once you are at the end of your rope, an insurer can offer you a “lowball” settlement offer.
• Won’t Mention a Pedestrian Accident Lawyer. Many pedestrian victims don’t realize they can rely on a lawyer to handle their cases and demand the maximum in compensation. Insurance companies won’t be mentioning this option. They also won’t mention every benefit available to you. The sooner they can get you to sign off on a low settlement, the sooner they can forget about you. Contact a lawyer if you are seriously hurt, and find out what’s possible.

What to Demand in a California Pedestrian Accident Injury Claim

An injury claim should ask for support that covers every hardship you’ve encountered while trying to recover from a devastating car collision.

Your attorney can help you list every damage you’ve had to confront since the accident, and back up each item with evidence and documentation. This alerts the insurance company to everything it is expected to cover.

• Hospital and physical therapy bills: The bills you have already received and any care and rehabilitation you’re expected to need in the years to come. This can include a lifetime of support if you are left with a permanent physical disability.
• Physical pain and emotional distress: Depression and anxiety issues are common after going through such a scary ordeal as being hit by a car. Your loss of enjoyment of life while an injury keeps you from doing the things you love also factors into an insurance settlement. You can be compensated for the pain you endure in a crash and in recovery.
• Loss of paychecks and benefits: The income you’ve forfeited by having to miss work over your injuries. Your regular monthly bills, like rent and car payments, may be falling far behind without steady income.
• Travel expenses: The expense of getting to hospital visits and out-of-city trips to see specialists. All transportation becomes harder to arrange if you are in a wheelchair or on crutches and can’t drive.
• Wrongful death benefits for close relatives: Family members such as a spouse or children of the victim may ask for financial help with funeral costs and medical bills. A wrongful death claim also seeks to protect the family in the future by replacing the steady income the deceased can no longer contribute to the family.

Pedestrian Accident Victims Should Be Careful When Signing Medical Release Forms

Accident victims should closely monitor requests to grant medical information access. An insurance company will be allowed to view your medical records from the injuries you’ve sustained in a pedestrian collision. However, some insurance adjusters will sneak in a request to see your records going back months or years. If you are worried about an insurance company’s specific request for extensive medical information, speak to a pedestrian accident attorney to help determine what information the insurer has a right to view.

Frequently Asked Questions

How long do I have to file a pedestrian accident injury claim in California?

24 months. You have two years from the date of your pedestrian accident to file an injury claim. You shouldn’t wait. Evidence can disappear, and witnesses can be hard to track down if you delay in contacting a personal injury lawyer.

What if I can’t afford to pay a pedestrian accident lawyer?

You can still get quality legal representation. Maison Law works on a contingency fee. It means we don’t get paid unless we win your case. Then our fee comes out of the pedestrian accident settlement check you are awarded.

Can I get compensation if I was struck in a hit-and-run and the driver is never identified?

Yes, in many cases. If you can’t seek help from a driver’s car insurance company, you can seek help through your own car insurance coverage if you have it. This support would come from your uninsured driver coverage. If you don’t have a car insurance policy, it’s possible you are included on a family member’s policy.

Contact a California Pedestrian Accident Lawyer

Pedestrian accident victims and their families should be supported through recovery, but, unfortunately, fair and compassionate treatment isn’t guaranteed. Instead of supporting you, insurance companies work harder to try to limit the amount of help you receive.

Maison Law speaks up for victims when their accidents bring them in contact with giant insurance companies. Insurance tactics steal compensation from accident victims each day. Make sure your interests are safeguarded by a skilled California Pedestrian Accident Attorney.

Contact Maison Law for a free and confidential case evaluation.