How to Seek Compensation After a Pedestrian Accident
Pedestrians struck by vehicles face catastrophic injuries and staggering medical bills. Under California law, injured pedestrians have the right to seek financial compensation from negligent drivers—even if they share some of the blame for the accident. Learn the crucial steps to protect your claim.
Understanding Pedestrian Accidents & California Law
Every year, countless pedestrians fall victim to road accidents, facing not only physical trauma but also overwhelming financial burdens. In accidents involving a 4,000-pound vehicle and a human being, the pedestrian almost always suffers catastrophic injuries.
California law generally requires drivers to exercise a "duty of care" to avoid hitting pedestrians. This means drivers must be attentive, obey speed limits, and yield the right-of-way when required.
"The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection... The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle."— California Vehicle Code § 21950
Filing Insurance Claims and Settlements
When involved in a pedestrian accident, one of the first critical steps is filing an insurance claim against the at-fault driver's auto insurance policy. While this process may seem straightforward, insurance companies frequently use complex tactics to deny claims or minimize payouts.
Depending on the circumstances, you might file a claim with:
- The at-fault driver’s bodily injury liability coverage.
- Your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if the driver fled the scene (hit-and-run) or did not have enough insurance.
- Your own health insurance to cover immediate emergency care while the liability claim is pending.
After reviewing your claim, the insurance company will likely make a fast, initial settlement offer. This is almost always significantly lower than what you actually deserve. Never sign a release or accept an offer without consulting an attorney.
Types of Damages You Can Recover
The compensation amount in a pedestrian accident can vary significantly based on the severity of the injuries and the long-term impact on the victim's quality of life. An experienced attorney will fight to recover:
- Medical Expenses: This covers emergency room visits, hospital bills, surgeries, rehabilitation, physical therapy, and any estimated future medical needs.
- Lost Wages: If the injury forces you to miss work, you can claim compensation for lost income, as well as diminished future earning capacity if you cannot return to your previous job.
- Pain and Suffering: Compensation for the physical pain, emotional trauma, PTSD, and anxiety caused by the crash.
- Lifestyle Adjustments: Costs associated with making your home accessible (e.g., wheelchair ramps) or requiring in-home nursing care.
How Shared Fault (Comparative Negligence) Affects Claims
Insurance companies love to blame the pedestrian. They will often argue that you were distracted, crossing outside a crosswalk, or walking at night wearing dark clothing. Does this mean you lose your right to compensation? No.
California operates under the rule of pure comparative negligence. This means that even if you were partially at fault for the accident, you can still recover damages. However, your total compensation will be reduced proportionally by your assigned percentage of fault.
Imagine you were crossing the street outside of a crosswalk (jaywalking) when a driver speeding 20 mph over the limit hit you. The court determines your damages are $100,000. If the court decides you were 30% at fault for jaywalking and the driver was 70% at fault for speeding, you can still recover $70,000 from the driver's insurance.
Why Legal Representation Matters
You can legally represent yourself in a personal injury claim, but doing so puts you at a massive disadvantage against billion-dollar insurance companies.
A pedestrian accident lawyer understands how to accurately value future medical costs, obtain critical evidence (like red-light camera footage), and force insurance adjusters to negotiate fairly. Victims with legal representation statistically secure significantly higher settlements than those who fight alone.
Steps to Take After a Pedestrian Accident
Immediate Actions to Protect Your Claim
Frequently Asked Questions
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and the information provided here may not apply to your specific situation. Reading this content does not create an attorney-client relationship with Scranton Law Firm. For advice regarding your particular circumstances, please contact a qualified attorney.
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