I Was Hit by a Car as a Pedestrian: What Do I Do? (7 steps)
The State of California takes pedestrian safety extremely seriously. If you’ve been injured in a pedestrian accident that was caused by driver negligence, there are specific steps to protect you both medically and financially.
These include seeking immediate medical care and carefully following through with your doctor’s instructions. In addition, address your emotional, financial and physical losses while consulting with a pedestrian accident attorney early in the process.
I Got Hit by a Car While Walking: What to Do After a Pedestrian Accident
If you’ve been injured in a pedestrian accident that was caused by a driver’s negligence, protecting your claim is paramount. Knowing what to do if you’re hit by a car can make all the difference in safeguarding your rights and securing the compensation you deserve. From documenting the scene to seeking appropriate medical care, every step matters. To this end, there are 7 primary steps to follow that will help you build a strong claim and ensure your recovery process is on the right track.
1. Consider your safety
To begin, it’s important to say that pedestrian accidents are some of the deadliest out there, and if you’re a pedestrian accident victim who has been seriously injured, you should skip directly to Step 5.
Otherwise, it’s time to consider your safety and to remove yourself from harm’s way, which means getting off the street.
2. Call 911
Even if you think someone may have already called the authorities, call the police – or 911 – right away. This is the best means of ensuring that help will be on the way as soon as possible.
3. Exchange contact information with the at-fault driver
- Name, current address, and phone number
- Driver’s license number
- Vehicle identification number
- Auto insurance card
As an injured pedestrian, you should request this information of the driver who hit you and you should also provide the other driver with your contact information.
4. Collect relevant evidence
- Photos and videos of the accident itself or of its aftermath – as captured by you, by eyewitnesses at the accident scene, or by the authorities who respond to the accident
- Footage from dashcams, security cameras, or traffic cameras
- Photographic documentation of your injuries
- Any physical evidence at the scene
- The testimony of eyewitnesses
- Your account of how the accident happened – your memories may fade due to accident-induced stress, which makes it advisable to make notes on your phone
- The police report that documents the accident and any tickets that were issued
Accident cases involving pedestrians are based on evidence, and the stronger the evidence, the stronger your case will be.
5. Accept Medical Treatment at the Scene: Pedestrian Accident Injury Treatment Guide
If you were seriously injured by someone else’s negligence, you’re likely to receive emergency treatment and be transported to a medical facility for emergency medical care.
Even if you think you feel fine at the time of the accident, it’s important to accept medical treatment if it’s offered and to seek immediate medical attention if it’s not. The bottom line is that pedestrians are exceptionally vulnerable to the overwhelming impact of a traffic accident. The adrenaline – along with the physical and emotional shock – you experience can mask your symptoms and pain.
If you’ve been struck by a car, understanding what to do if you get hit by a car while walking is critical to protecting your health and your legal rights. It’s always in your best interests to err on the side of caution by consulting with a medical professional as soon as possible.
6. Consult with an experienced personal injury attorney as soon as you're able to do so
The next order of business is protecting your legal claim, which will directly affect your recovery. This translates to consulting with a trusted lawyer at your earliest opportunity. Your attorney will step in and help ably guide your claim toward its best possible resolution – in support of your best possible health outcome.
The qualified Torrance pedestrian lawyers at Feher Law are committed to ensuring your legal rights, and we’ll leave no stone unturned in our focused efforts to do so.
7. Carefully assess the full range of your losses
A primary factor in your pedestrian accident claim is accurately assessing your complete physical, financial, and emotional losses, which your settlement should reflect.
Economic Damages
Medical bills
In the wake of a pedestrian accident, your related medical bills are likely to mount quickly. Further, pedestrian accidents tend to be so serious that your healthcare needs may be ongoing. For example, you may experience dangerous complications and secondary health concerns that require further treatments and procedures.
When it comes to pedestrian accidents, treatments like the following often prove beneficial:
- Chiropractic care
- Rehabilitation
- Physical therapy
- Assistance in carrying out your normal daily activities of living
- Medical expenses (current and future)
- Rehabilitation costs
- Out-of-pocket expenses related to the accident
Keeping your healthcare needs in focus will play a critical role in how well your settlement covers the full scope of your legal damages.
Lost income
While your medical bills pile up and you focus on your recovery, you can also face lost income due to lost hours on the job. If your earning capacity is affected, this form of legal damages can be compounded in the future.
Property damage
In addition to medical expenses and lost wages, you may also be entitled to compensation for personal property damaged during the accident.
Non-Economic Damages
Physical and emotional pain and suffering
In addition to your economic losses, you’re very likely to experience emotional consequences that are more challenging to tally. These can result in serious losses that can be extremely difficult to master and overcome.
When a pedestrian is hit in a car accident, it’s not uncommon to suffer debilitating emotional symptoms that are likened to PTSD. Common examples include:
- Increased anxiety
- Symptoms associated with depression
- Sleep disturbances
- Terrifying accident flashbacks
- Difficulty concentrating
- Self-isolation that can limit support just when it’s needed most
- Severe mood swings
- Emotional distress
- Loss of quality of life
- Psychological trauma
If you’re involved in a pedestrian accident, it’s important to note that the insurance company handling your claim is very likely to seriously undervalue your emotional damages. This does not, however, mean that they aren’t important to your overall health.
In fact, your accomplished San Bernardino pedestrian accident lawyer will spare no effort when it comes to ensuring that this category of loss is well represented – and difficult to refute.
Legal Rights and Compensation for Pedestrians
The Legal Process After Your Accident
A skilled attorney serves as your primary advocate, taking comprehensive steps to protect your legal interests while you focus on recovery. The legal process involves a strategic approach to building and pursuing your claim.
Our pedestrian accident attorney will systematically manage your case by:
- Compiling critical evidence to strengthen your claim
- Filing formal insurance claims
- Guiding you through complex legal procedures
- Negotiating assertively with insurance companies
- Preparing for potential litigation if settlement negotiations fail
Typical Timeline for Your Claim
In terms of time, your claim will proceed something like this:
- Once your attorney files your claim with the involved insurance company, they have 15 days to acknowledge receipt.
- From here, the insurance company has 40 days to make a decision that’s based on the claim.
- Once the claim is resolved through settlement, the insurance company has 30 days to make the final payment.
This timeline can vary considerably based on the complexities of the case. The more serious your injuries are, the more likely your case is to be challenging – and the more likely it is that negotiations will be lengthy.
A good rule of thumb when it comes to how long it takes for personal injury claims to be finalized is that:
- Fast: 2 weeks to 3 months
- Average: 3 months to 9 months
- Protracted: 9 months+
If your case goes to court, of course, it’s likely to take considerably longer. It’s also worthwhile to note here that the statute of limitations – or the legal limit – for filing a lawsuit against the at-fault driver of the vehicle involved is a short two years from the date of the injury-causing accident.
Legal Rights in Personal Injury Claims
California law provides robust protections for pedestrian accident victims. Your legal rights include:
- Right to seek full compensation for injuries
- Protection against unfair insurance practices
- Ability to file claims against multiple responsible parties
- Opportunity to recover damages even if partially at fault
Pedestrian Fault and Liability Considerations
California follows a comparative negligence rule, which means compensation can be adjusted based on the pedestrian’s level of responsibility. Scenarios that might impact your claim include:
- Jaywalking
- Crossing outside designated crosswalks
- Walking while intoxicated
- Ignoring traffic signals
- Distracted walking
Even if you are partially at fault, you may still recover damages, with your compensation reduced proportionally to your level of responsibility.
Liability and Insurance Considerations
Insurance plays a critical role in pedestrian accident claims. The process involves:
- Investigating the driver’s auto insurance coverage
- Exploring additional insurance sources
- Identifying potentially responsible parties
- Negotiating with insurance companies
Insurers will conduct thorough investigations to determine fault, making professional legal representation essential to protect your interests.
Statute of Limitations
In California, the legal window for filing a personal injury claim is typically two years from the date of the accident. This limited timeframe underscores the importance of taking prompt legal action.
Our Commitment
At Feher Law, we understand the complexity of pedestrian accident claims. Our dedicated team is committed to:
- Comprehensive case evaluation
- Aggressive representation
- Maximizing your potential compensation
- Guiding you through every step of the legal process
Call (866) 646-6676 today for a no-obligation consultation. Your path to justice and recovery starts here.
Statistics and Common Causes of Pedestrian Accidents
Pedestrian accidents continue to be a critical public safety concern in the United States. In 2022, the statistics paint a sobering picture of the risks faced by pedestrians:
- Nationally, 7,522 pedestrians were killed in motor vehicle crashes.
- An average of 21 pedestrians were killed in motor vehicle crashes every day.
- In California, 1,158 pedestrians were killed in motor vehicle traffic crashes.
- Pedestrian fatalities increased nationally by 0.7 percent between 2021 and 2022.
- Pedestrian fatalities decreased in California by 1.8 percent between 2021 and 2022.
The most common causes of pedestrian accidents include:
- Distracted driving (smartphone use, navigation systems)
- Speeding and reckless driving
- Impaired driving (alcohol or drugs)
- Poor visibility, especially during nighttime
- Failure to yield right-of-way at crosswalks
- Inadequate street lighting and infrastructure
- Drivers not paying attention in urban and residential areas
California presents a particularly challenging landscape for pedestrian safety. The high number of pedestrian fatalities underscores the critical need for increased awareness, improved infrastructure, and enhanced safety measures to protect vulnerable road users.
How we’ve helped pedestrians after they’ve been struck by a vehicle
Our commitment to our clients’ rights, rightful compensation, and well-being is reflected in the reviews and testimonials they share, including the following excerpts:
- Knowledgeable, professional experts . . . highly recommend
- Their professionalism, attention, and care are outstanding.
- Their great efforts and service give me peace of mind.
- These people jump through hoops to take care of you!
- They went above and beyond to get me what I deserved.
These tributes speak to the difference we make in our clients’ lives, and we take great pride in their appreciation.
Additional reading: average payout for a pedestrian hit by a car in California
Let us help you secure the maximum compensation you deserve
If you’ve suffered physical injuries as a result of a pedestrian accident that was caused by a motorist’s negligence, your legal rights and livelihood are at stake. At Feher Law, we offer focused legal representation throughout California.
We’re also well-prepared to help guide you seamlessly through the legal process – from identifying the driver who caused the accident to negotiating a fair settlement, and everything in between.
The injuries and pain you sustain in a pedestrian accident may cloud your judgment and your ability to adequately address the challenging situation you face. At Feher Law, we have the legal insight necessary to swoop in and zealously pursue the compensation to which you’re entitled.
We welcome the opportunity to fight for your rights, so please don’t wait to contact us today.
Our Key Takeaways
If you’ve been involved in a pedestrian accident, remember:
- Prioritize your health and immediate medical needs
- Document everything meticulously
- Contact a specialized pedestrian accident attorney immediately
- Understand your legal rights and potential compensation
- Do not communicate with insurance companies without legal representation
Take Action Now
Time is of the essence. The complexity of pedestrian accident claims requires immediate, professional legal intervention. You don’t have to go through this challenging process alone.
Call Feher Law today at (866) 646-6676 for a comprehensive, no-obligation consultation. Our dedicated team is committed to securing the maximum compensation you deserve.
Your road to recovery starts with one important step – reaching out to experienced legal professionals who will fight tirelessly for your rights.
GET A FREE CONSULTATION
Our team is standing by and ready to assist you. Consultations are completely free and confidential. We will help you determine if you have a case.
- Over $100 Million Recovered For Clients
- No Fees Unless We Win
- We Fight for Maximum Compensation
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