TL;DR: After a pedestrian accident in California, the key steps include getting medical care, contacting police, and preserving evidence tied to driver fault. Pedestrians face high injury risk, and claims often depend on medical records, reports, and photos gathered early, before evidence fades or insurance deadlines limit recovery.
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After a pedestrian accident in California, prioritize your safety. Call 911 to request emergency assistance. Once paramedics have examined you, you can:
- Exchange information with the at-fault driver.
- Gather evidence.
- Coordinate with law enforcement.
- Notify your insurance company.
- Consult a lawyer.
Pedestrian accidents can be traumatic and confusing. They can happen anywhere in California, including on crosswalks, in school zones, and along busy streets. Knowing what to do in the aftermath is critical. Taking certain steps can protect not just your health, but also your rights.
Pedestrians are well-protected under California law. If someone else’s carelessness caused your accident, you could pursue compensation for your losses. However, filing a personal injury claim requires swift and strategic action. Below are some things you can do to navigate the process.
Steps You Can Take If You’ve Been In A Pedestrian Accident
These steps can help you build a strong claim and keep your physical recovery on track:
Prioritize Your Safety
As a pedestrian, you have little to no protection compared to other road users. You may thus be more likely to sustain serious injuries in an accident. That is why it can be essential to do the following after a collision:
- If possible, move to a safe location to prevent further harm.
- Call 911 and seek immediate medical attention.
- Allow paramedics to evaluate you.
- If you’re not taken to the hospital immediately, visit a doctor as soon as possible.
A proper medical evaluation can help detect injuries such as internal bleeding and concussions. These conditions often don’t manifest right away, which is why it’s crucial to diagnose and treat them before they worsen. A doctor can also create a written record of your injuries to support your legal claim. Medical records can help you justify damages for various expenses, such as:
- Surgery
- Chiropractic sessions
- Medications
- Assistive devices
Exchange Contact Information
California law requires drivers involved in an accident to exchange basic contact information. As an injured pedestrian, you can also do this with the driver who hit you. Doing so can make it easier to seek compensation from their auto policy. Ask them for relevant information, such as their:
- Name, current address, and phone number.
- Driver’s license number.
- Vehicle identification number.
- Car insurance card.
You must also provide them with your contact information in return.
Coordinate With Law Enforcement
California law gives drivers 24 hours to notify the authorities of an accident resulting in injury or death. When officers arrive, they will investigate the scene and create an official accident report. They will likely ask for your version of events. If so, give a clear account of what happened. However, avoid admitting fault or speculating about the driver’s intent.
Accident reports can serve as foundational evidence in insurance claims. That said, consider obtaining your own copies:
- If local police responded to the collision, ask for a copy or for the report number, which you can keep for future reference.
- If your accident occurred on a state road, you can fill out a CHP 190 form to request a copy of the CHP’s accident report online.
- For cases involving injury, death, or property damage exceeding $1,000, the driver must also submit an SR-1 form to the California DMV within 10 days. You can obtain a copy of this form online through the DMV Virtual Office.
Collect Relevant Evidence
If possible, collect evidence at the scene to support your claim. The right proof can help you establish negligence and demonstrate your losses. Some common types of evidence in pedestrian accidents are:
- Photos and videos of the scene taken by you, eyewitnesses, or the authorities investigating your accident.
- Footage from dashcams, traffic cameras, or security cameras.
- Physical evidence, such as your clothes or damaged property.
- Eyewitness testimony.
- An accident journal. Write down what you remember while your memory is still fresh. You can also journal your physical recovery. Doing so could help demonstrate intangible damages, like the pain and suffering your injuries cause.
Notify Your Insurer
Generally, policyholders must report accidents to insurers to keep their coverage active. This contractual obligation applies even if they weren’t at fault. When contacting your insurance company:
- Provide basic facts only.
- Do not speculate about fault or injuries.
- Do not provide recorded statements. You can refer claims adjusters to your attorney if you retain one.
By notifying your insurer of the accident, you may be able to cover any urgent expenses you incur while pursuing compensation from the at-fault party.
Consult An Attorney
After an accident, injured victims may ask, “Do I need a personal injury lawyer?” California law allows you to handle a claim on your own. However, seeking free accident lawyer advice can help you avoid common pitfalls in the claims process.
Legal guidance can also help you navigate complex pedestrian accident cases, especially when:
- The driver denies responsibility.
- You contributed to the accident, such as by crossing while distracted or outside a crosswalk.
- Multiple parties are involved (e.g., a government agency, a school district, or a rideshare company).
Many lawyers also offer free initial consultations to review your situation. If you have a case, getting an attorney for a pedestrian accident means you can receive further assistance when:
- Investigating the accident and gathering relevant evidence.
- Estimating the value of your damages, such as your medical costs, lost wages, and pain and suffering.
- Filing your claim against the appropriate party.
- Negotiating a fair insurance settlement.
- Taking your case to court, if necessary.
However, you may already be dealing with financial challenges due to the crash. If you’re wondering about the cost of legal representation, you may be asking, “Do lawyers only get paid if they win?” Most personal injury attorneys work on a contingency basis, meaning they won’t charge you up front. Instead, they only charge for their services if they recover compensation on your behalf.
Pursuing Compensation After California Pedestrian Accidents
If negligence caused a pedestrian accident, California law allows injured victims to pursue compensation from the at-fault party’s insurer. Here’s a brief overview of how that’s done through the insurance claims process:
- Submitting Your Claim — You prepare your case by compiling all relevant evidence of your accident. Afterward, a lawyer can help you identify and estimate the value of your damages. They can then assist with submitting your claim.
- Waiting for a Response — The at-fault party’s insurer will investigate your accident and assess your damages. It will use its findings to determine fault and come up with a settlement amount. This process could take a while. However, under California’s Fair Claims Settlement Practices Regulations, insurers must accept or deny a claim within 40 days. If you experience any unnecessary delays, a lawyer can help you address the possibility of bad-faith practices.
- Receiving a Settlement Offer — If the insurer accepts your claim, it will offer you a settlement. You and your lawyer can assess whether it can cover your current and future losses. At this point, you can accept this offer or proceed to the next steps.
- Negotiating a Payout — If you have valid grounds to argue that an offer is insufficient, you or your lawyer can negotiate for another amount.
- Filing a Lawsuit — If the insurer rejects your claim or settlement negotiations fail, you may take your case to court. A lawyer can prepare and present your case before a judge and jury.
- A Settlement Check or Trial Award — If your case is successful, you may receive a settlement or court award.
Frequently Asked Questions About What To Do After Pedestrian Accidents
After pedestrian accidents, injured victims often have pressing questions about legal procedures, their rights, and their available options. Below are some common questions about pedestrian injury claims.
Can I Sue Someone If They Hit A Pedestrian Like Me With A Car?
Yes, if you were a pedestrian struck by a car, you could sue the at-fault driver. However, you need to file a claim first. This process begins by proving that the driver was negligent. In particular, you have to demonstrate these four elements:
- Duty of Care — In California, everyone has a legal obligation to prevent harm to others. For instance, drivers have a duty of care to prevent harm. They must watch out for pedestrians and drive safely.
- Breach of Duty — In line with the above example, a driver could breach their duty of care to pedestrians by running a red light or failing to give them the right of way at a crosswalk.
- Causation — The breach directly caused the accident and the victim’s injuries. Critical evidence frequently includes witness testimony, accident reports, and medical records.
- Damages — The victim incurred actual damages, such as medical expenses, lost income, and emotional distress.
If you can prove negligence, California law allows you to seek compensation from the at-fault party’s insurer. You can negotiate a settlement that reflects your losses. If these negotiations fail, you could bring your case to court.
What If The Driver Who Hit Me Doesn’t Have Insurance?
If the driver is uninsured, you may have the option to pursue compensation from your own auto policy. Uninsured motorist (UM) coverage could cover your damages. Under California law, insurers must offer this protection. However, you’re not actually required to add it to your policy. That said, consider asking a lawyer or your insurance agent if it applies to your case.
If it doesn’t, an attorney could help you explore other options, such as identifying whether other parties contributed to your injuries. If so, you could seek damages from them instead. For instance, a lawyer can check for other common causes of pedestrian accidents, like malfunctioning traffic signals. If one caused you to cross the street at the wrong time, you could file a claim against a government agency responsible for maintaining road infrastructure.
Can I Still Sue If I Wasn’t In A Crosswalk?
Yes. California law no longer penalizes street-crossing outside crosswalks in many situations. However, pedestrians still have to follow applicable pedestrian signals and right-of-way rules when doing so. Otherwise, insurers may argue that jaywalking contributed to the accident.
Even then, you could still file a lawsuit against the driver who hit you under the state’s pure comparative negligence system. However, you would share responsibility for the accident. A court could reduce your potential award based on the percentage of fault it assigns to you.
How Long Do I Have To File A Pedestrian Accident Injury Claim In California?
You generally have two years to file a pedestrian accident claim in California. This time limit is also known as the statute of limitations. The courts will likely dismiss your case if you try to take legal action after this timeframe.
However, some exceptions may extend or shorten the deadline:
- Public Entities — You generally have six months to file an administrative claim for injuries involving a public entity. If the government agency rejects it, you have another six months from the date of the denial to file a lawsuit.
- Minor Plaintiffs — The two-year deadline will not begin until the victim turns 18.
- Defendant Absence — If the at-fault party leaves the state, the statute of limitations is paused until that person returns to California.
Can I Get Compensation If The Hit-And-Run Driver Was Never Identified?
If you have coverage, you can still seek compensation in this scenario. For instance, you can file a claim with your insurer if your auto policy includes uninsured motorist (UM) coverage. Other options include checking whether you are included on a family member’s policy.
Learn About Your Legal Options After A Pedestrian Accident
It can be challenging to know what to do after being hit on the sidewalk or while crossing the street. Since you lack physical protection, your injuries could be severe. Seeking medical attention immediately can help you prioritize your health and well-being.
However, you have legal options, too. You may pursue compensation for your losses under California law. The pedestrian accident lawyers at AK Law can review your situation and explain your rights. If you have a case, we can also gather evidence, evaluate your damages, and negotiate a settlement on your behalf.
Contact Arash Law at (888) 488-1391 for a free initial consultation.
