28 Jun 2019,

Auto-Pedestrian Accidents: What Can I Do If I’m Hit By A Car?

auto-pedestrian accident

Pedestrian accidents are on the rise in our state, with multiple sources confirming that the number of pedestrian accidents and fatalities today is higher than it’s ever been. The problem can be blamed on a number of different factors, ranging from more distracted walkers and drivers to more cars on the road to larger vehicles on the road (which can increase the risk of serious injuries or death should an accident occur).

At the law offices of the Levinson Law Group, we are committed to doing our part to reduce the number of auto-pedestrian crashes, and to help accident victims recover the compensation awards that they deserve after an accident. If you’ve been hit by a car, call our auto-pedestrian accident lawyers directly today.

Serious Injuries Resulting from an Auto-Pedestrian Accident

While the driver or occupant of a passenger car is protected by at least 4,000 pounds of materials, including steel, airbags, seatbelts, and crumple zones, a pedestrian has no such protection. Indeed, when a pedestrian accident occurs, a pedestrian’s body will absorb the force of the crash. This means that is is very, very likely that the pedestrian will suffer severe–if not fatal–injuries.

Some of the most common injuries that a pedestrian is at risk of incurring in a crash can include:

  • Traumatic brain injuries,
  • Crushed limb injuries,
  • Amputation injuries,
  • Internal injuries and internal bleeding,
  • And spinal cord injuries.

Determining Fault in an Auto-Pedestrian Accident

A pedestrian who is injured in a crash no doubt hopes to recover their full compensation amount – they can start the process by filing a claim against the at-fault driver’s liability insurance. However, it’s important to remember that who was at fault for the accident can have a big impact on a pedestrian’s ability to recover compensation. To be sure, if the driver of the passenger car was 100 percent to blame, then their liability insurance should pay for damages.

However, if the pedestrian was to blame for the crash, the pedestrian’s recovery options may be more limited. While a driver has a duty to exercise a high degree of care when operating a motor vehicle, which includes following all traffic laws and yielding to pedestrians when required, a pedestrian too must act in a reasonably safe manner. While pedestrians often have the right of way, this is not always the case.

What to Do After Getting Hit By a Car

If you’ve been hit by a car in California, understanding what steps you need to take next is important. Some of the most important things to do after being involved in an accident as a pedestrian include:

Seek medical care – your injuries are likely serious; the most important thing that you can do is ensure that you get the treatment that you need.

File a police report – be sure to include your version of events, and request a copy of the police report for your records.

Gather evidence – if your injuries do not preclude you from doing so, gather any evidence you can while you’re still at the accident scene, such as the names of witnesses, photographs of where the accident occurred, and the driver’s name and contact information.

File a claim – don’t wait too long to provide your insurer or the insurer of the responsible driver with notice of the accident and your intent to file a claim for compensation. Insurance companies may reserve the right to deny your claim if they are not given enough time to investigate an accident.

After Getting Hit By a Car: Call an Experienced Auto-Pedestrian Accident Attorney

Before you initiate the claims process on your own or give in an accept a settlement amount, even one that’s way too low to fully compensate you, be sure to schedule a consultation with an experienced auto-pedestrian accident attorney in California. At the Levinson Law Group, our lawyers are here to support you. Call today to get started.