It’s no secret to residents of San Diego that walking around the city and its outlying areas, can be a risky endeavor, especially at night; nationally, 75% of pedestrian fatalities in 2018 happened at night, when it’s more difficult to see. Hit and runs are also a big problem in LA; approximately 60 percent of such accidents in California involved pedestrians so it’s important to know what your options are if you’re hit.
What To Do If You’re In a Pedestrian Accident
First, make sure that you are okay. If you’re able, try to document everything that you can. Take pictures of any signs and gather witness statements if there were any. Filing a police report is crucial, so your first step should be calling the police. If you or any witnesses were able to obtain the license plate number or even just the make and model of the vehicle, that can go a long way in terms of catching a hit and run driver.
Documenting the scene is always crucial, but it becomes even more so if there is an argument over who was at fault. Noting any stop or yield signs, crosswalks, traffic signals, or the driver’s speed can all help in case the driver tries to pin the blame on you the pedestrian. Sometimes an injury may not make itself apparent until hours or even days later, so even if you don’t believe you are injured, seek immediate medical attention. If you end up seeking a settlement, waiting to receive medical treatment can affect your compensation, as insurance will say that your injury must not have been that serious if you waited to get treatment. Speak with a San Diego pedestrian accident attorney to determine if you have a valid claim and if you can recover compensation from the at-fault party.
Filing a Pedestrian Accident Lawsuit
We mentioned hit and run accidents earlier, and it’s important to know that even if the driver flees the scene and no one caught their license plate number or even the make of the vehicle, you can still seek compensation for your injuries. If this happens, or the driver has no insurance, then your medical insurance will cover any medical bills, and if you have auto insurance, you can still file a claim with them even though you weren’t technically driving. All of this is assuming that the pedestrian has uninsured motorist (UIM) coverage, which is usually required on auto insurance policies.
California also operates under the pure comparative negligence system, which means that if you the pedestrian was partially at fault, then you may have your compensation reduced. For example, if your settlement is for $10,000, but you are deemed to be 25 percent at fault, then you would only receive $7,500 of that. Documenting everything can prevent fault from falsely being attributed to you. A pedestrian accident lawyer can help you with a pedestrian hit and run case.
Contact Our California Pedestrian Accident Attorneys - FREE CONSULTATION
If a lawsuit becomes necessary to recoup damages, it’s important to hire an experienced San Diego Personal Injury Attorney for your case, like the professionals at The Injury Brothers, LLP who can ensure that the insurance companies give fair compensation. If you or a loved one was a pedestrian in an accident, call our office today at (858) 800-4000. Our pedestrian accident lawyers offer free and confidential case evaluations and serve clients in Los Angeles, Orange County, San Bernardino, Riverside, San Diego and all across Southern California.
