Being involved in a pedestrian accident can be a life-changing event. Whether it’s a minor injury or something more serious, the aftermath of a pedestrian accident can bring about significant emotional, physical, and financial burdens. If you’ve been injured in a pedestrian accident in California, you may be entitled to compensation for your injuries, medical bills, lost wages, and pain and suffering. However, filing a pedestrian accident claim can be complex and overwhelming, especially when you’re trying to recover from your injuries.
In this blog, we’ll guide you through the essential steps for filing a pedestrian accident claim in California, ensuring that you understand your legal rights and how to protect them.
1. Seek Immediate Medical Attention
The first and most important step after any pedestrian accident is to seek medical care. Even if you feel you’re not seriously injured, some injuries—such as internal injuries or concussions—may not show symptoms immediately. Delaying medical treatment could affect your health and your case.
What you need to do:
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Visit the hospital or doctor: Make sure to receive a thorough evaluation and treatment for your injuries. This also creates a record of your injuries, which is vital for your claim.
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Document your injuries: Ensure that you follow all treatment plans and attend follow-up appointments. This documentation will serve as evidence when you pursue your claim.
Why this matters:
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Immediate medical attention provides a record of your injuries, linking them directly to the accident. This documentation is crucial when filing an insurance claim or lawsuit.
2. Report the Accident to the Authorities
After ensuring your safety and well-being, the next step is to report the pedestrian accident to the authorities. In California, it’s important to call the police and file an official report. Police reports provide a third-party account of the incident and can be essential when determining fault.
What you need to do:
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Call 911: If you’re able to, call the police immediately after the accident. They will dispatch an officer to the scene to assess the situation and document the details of the crash.
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Obtain a copy of the police report: After the report is filed, request a copy of the police report, as it will contain important details about the accident, including any citations issued, witness statements, and the officer’s findings.
Why this matters:
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A police report is a critical piece of evidence that can help establish liability and protect your interests when filing your claim.
3. Gather Evidence and Documentation
Gathering evidence from the accident scene is crucial for strengthening your pedestrian accident claim. The more evidence you have, the stronger your case will be.
What you need to do:
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Take photos: If you are able, take pictures of the accident scene, your injuries, the vehicle involved, and any damages. Photos of the surroundings (such as traffic signs, crosswalks, or weather conditions) can also help.
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Collect witness information: If there are any witnesses to the accident, gather their contact details and ask if they are willing to provide statements about what they saw.
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Obtain surveillance footage: If the accident happened near businesses, traffic cameras, or public spaces, ask if there is any available video footage of the incident.
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Keep track of medical records: Save all medical records related to your injury, including doctor’s visits, prescriptions, surgeries, and physical therapy treatments. These documents will serve as evidence for the compensation you seek.
Why this matters:
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The more evidence you collect, the easier it will be to establish fault and show the extent of your injuries. Strong evidence helps back up your claims and ensures a smoother process when dealing with insurance companies or in court.
4. Notify Your Insurance Company
After a pedestrian accident, it’s important to notify your insurance company as soon as possible. California follows a fault-based system, which means the driver’s insurance company should cover your medical expenses and damages if they are at fault. However, if the driver is uninsured or underinsured, your own insurance (such as uninsured motorist coverage) may cover the claim.
What you need to do:
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Report the accident promptly: Notify your insurance company about the accident and provide them with the police report and any evidence you’ve gathered.
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Be careful with statements: While it’s important to cooperate with your insurance company, avoid admitting fault or making statements that could be used against you. Stick to the facts.
Why this matters:
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Timely reporting of the accident to your insurance company ensures that your claim is processed quickly. Additionally, it allows your insurance to provide coverage or assist in seeking compensation if the at-fault driver is uninsured or underinsured.
5. Consult with a Pedestrian Accident Lawyer
Hiring an experienced pedestrian accident lawyer is one of the most important steps you can take when filing a claim. An attorney will help you navigate the legal process, protect your rights, and increase the chances of a favorable outcome.
What a pedestrian accident lawyer can do for you:
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Assess your case: A lawyer will review the details of the accident and determine whether you have a strong case for compensation.
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Negotiate with insurance companies: Insurance companies often try to settle for less than you deserve. A lawyer can negotiate on your behalf and ensure you receive fair compensation.
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Handle paperwork and deadlines: Filing a claim involves filling out forms and meeting deadlines. A lawyer ensures that everything is submitted correctly and on time.
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Represent you in court: If the insurance company refuses to offer a fair settlement, your lawyer can take your case to court and advocate for you.
Why this matters:
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Pedestrian accident claims can be complex, especially if you are partially at fault or dealing with an underinsured driver. A lawyer can help you navigate the legal system and ensure that your rights are protected throughout the process.
6. File the Claim with the At-Fault Party’s Insurance Company
If the driver responsible for the accident is identified, you’ll file a claim with their insurance company. If you’re partially at fault or dealing with an uninsured driver, your own insurance may cover the claim. This is where the expertise of a pedestrian accident lawyer can be especially beneficial.
What you need to do:
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Submit all documentation: Provide the insurance company with the police report, medical records, photos, and any other relevant evidence.
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Negotiate a fair settlement: If the insurance company offers a settlement, consult with your lawyer to ensure that the offer fully covers your medical bills, lost wages, pain and suffering, and any other damages.
Why this matters:
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Filing the claim properly ensures that you are compensated for your injuries and damages. A lawyer can help you avoid common mistakes that could reduce the amount of compensation you receive.
7. Consider a Settlement or Litigation
In many cases, pedestrian accident claims are settled outside of court through negotiation. However, if the insurance company refuses to offer a fair settlement, you may need to take your case to court.
What you need to do:
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Review settlement offers carefully: Ensure the offer accounts for all medical bills, future medical expenses, lost wages, pain and suffering, and other damages.
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Decide if litigation is necessary: If the settlement is too low or the insurance company refuses to negotiate, your lawyer may suggest taking your case to trial.
Why this matters:
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Whether through settlement or litigation, the goal is to secure compensation that adequately covers your damages. A lawyer will guide you through this process and help you make informed decisions.
Conclusion
Filing a pedestrian accident claim in California involves multiple steps, from seeking medical attention to gathering evidence, reporting the accident to insurance companies, and possibly pursuing legal action. While the process can be complex, understanding your rights and working with an experienced pedestrian accident lawyer can help you navigate the claims process and increase your chances of receiving fair compensation.
If you’ve been injured in a pedestrian accident, don’t hesitate to consult with a qualified lawyer who can help you with every aspect of the claim, ensuring that you receive the compensation you deserve for your injuries, lost wages, and pain and suffering.
