If you’re an injured pedestrian that got hit by a car, you most likely have a legal claim against the driver of the vehicle.
Other than that, there can be other parties involved. In certain situations, you can even file claims against the municipality if you get severe injuries from an accident while walking.
Got hit by a car while walking? Don’t wait; contact Ehline Law and our experienced pedestrian accident attorneys today for a quick and free evaluation.
What Should You Do If You Got into a Pedestrian Accident?
The first thing that you should do is to ensure your safety. Get further away from the negligent driver and call your insurance company and the police to file a report. A police report is essential as you can use it as proof of an incident when filing claims against the negligent driver. Take pictures of your vehicle and the surrounding area, and try to get as many contact details of witnesses as possible.
Medical Treatment After Getting into Pedestrian Accidents
After pedestrian accidents or traffic accidents, you must seek medical treatment if you’re feeling pain. If victims wait for the insurance company to disburse payments for pedestrian fatalities before getting treatment, insurance adjusters automatically assume that the victims are not hurt.
You must exercise your legal rights and get proper medical treatment to ensure everything gets documented for the insurers. Medical examination documents and bills are essential to your injury claims.
Who Will Pay to Treat Your Serious Injuries?
Victims almost always have this question, who will pay their bills? It is understandable, considering they shouldn’t be the ones to shoulder the financial burden from an accident that wasn’t their fault.
The answer to the question depends on the state you’re living in. In a no-fault state such as California, the motor vehicle driver’s insurance company will have to bear the medical expenses, wholly or partially, depending on the degree of fault.
In fault states, the pedestrian’s insurers are responsible for paying the medical bills for fatal pedestrian accidents.
Do Pedestrians Have the Right of Way When Jaywalking?
Many states define a person as jaywalking when they cross the road in violation of traffic laws or an unlawful manner. Unfortunately, many jaywalking incidents in California result in severe injuries from car accidents or even wrongful death. These incidents get referred to as knockdown collisions.
According to the California vehicle code, pedestrian traffic is not permitted on roads and highways where there are no marked or unmarked crossings. It is the pedestrian’s duty of care to reach a nearby crosswalk to cross the road. However, that is not always the case, as many pedestrians would rather avoid traveling to the nearest crosswalk to get to the other side.
A motorist, in this situation, must reduce their vehicle’s speed and ensure the pedestrian’s safety at all times, as this is their duty of care. Unfortunately, when it gets dark, the chances of knockdown collisions increase exponentially as the visibility drops.
From legal standing, in California, the compensation for knockdown collisions depends on the degree of fault. The motorist will have to pay compensation in certain situations, but that may be lower than expected if the pedestrian is at fault too.
In short, pedestrians have the right of way in certain situations and not always, but the compensation is lower due to shared fault. Getting a lawyer to help you with your case is the best way to ensure maximum compensation.
Filing Pedestrian Accident Claim Against Negligent Drivers
Most states’ traffic and negligence laws pass the blame onto the driver as they expect the drivers to exert extreme caution and stay aware of their surroundings while driving. So if you’re a pedestrian and got hit by a car, you can file a personal injury lawsuit against the driver in most cases.
If a pedestrian is walking on a crosswalk and gets hit, the driver will be responsible for the damage from knockdown collisions due to distracted driving.
So what happens if the pedestrian is not on a crosswalk and gets hit by a car?
The law passes liability to the driver as it is their responsibility to drive safely. If a driver hits a pedestrian who is not in a crosswalk, there is still a high chance that the pedestrian wins the case unless the pedestrian is acting recklessly and running on the road dangerously.
However, the pedestrian should also know that jaywalking is illegal in many states, and if you’re hit while jaywalking, you will most definitely lose the case.
Make a Claim Against Negligent Drivers with Ehline Law
Ehline Law is a world-class personal injury law firm that gained a lot of recognition in the media by creating awareness of legal issues and in courts by retrieving more than $150 million in compensation for our clients.
We are experts in personal injury. We have the right team to provide support for your case. We can protect your legal rights in such distressing times.
Contact us today or visit us at any of our law offices across California and get a free consultation with our lawyers on your case. If you got hit by a car while walking around, contact us at (213) 596-9642, and our pedestrian accident lawyers will help evaluate your case, determine your claims, and deal with the insurers.
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