Can A Pedestrian Sue If Hit By A Car In California?

If you or someone you love has been involved in a pedestrian accident, you may be wondering about your legal rights and options.

Accidents involving pedestrians and cars can lead to serious injuries and even fatalities. In this blog post, we will explore the question, “Can a pedestrian sue if hit by a car in California?” The answer in most cases is yes, pedestrians hit by a car can file a personal injury claim for their damages.

We will delve into the key factors, legal principles, and steps to consider in pedestrian accidents. Remember, while this blog post may provide valuable insights, it is essential to consult with a skilled personal injury attorney for personalized advice regarding your specific situation.

Understanding the Duty of Care

In any personal injury case, the concept of “duty of care” plays a crucial role. Drivers on the road have a legal obligation to exercise reasonable care to avoid harming others, including pedestrians. Similarly, pedestrians must obey traffic rules and exercise caution while crossing roads. When an accident occurs, the duty of care for each must examined as well as the law which is set forth in the vehicle code. The facts of the accident must be viewed alongside the law to determine whether the driver and pedestrian acted consistent with their legal obligations.

Proving Negligence In Pedestrian Accident Cases

To file a personal injury claim as a pedestrian hit by a car, you generally need to prove that the driver was negligent. Negligence is established when the driver fails to uphold their duty of care, leading to the accident. Common examples of driver negligence include failing to yield to a pedestrian in a crosswalk, distracted driving, speeding, running red lights, and driving under the influence of alcohol or drugs. Collecting evidence such as eyewitness accounts, surveillance video footage, photos of injuries and damage to the car and police reports can strengthen your case.

Comparative Fault

In some pedestrian-car accidents, both parties may share some degree of fault. This is where the principle of “comparative fault” comes into play. In states with comparative fault laws, such as California, the amount of compensation a pedestrian can recover will be reduced by their percentage of fault in the accident. For instance, if the pedestrian is found 20% at fault, their potential financial compensation is reduced by that same percentage.  If the pedestrian is partly at fault for the accident, it does not preclude their ability to present a claim and seek compensation.

The Role of Insurance in Pedestrian Accidents

Car accidents typically involve insurance and insurance companies, and pedestrian accidents are no exception. The driver’s auto insurance coverage may include liability insurance, which can cover the pedestrian’s medical expenses, lost wages, pain and suffering, and other damages. However, insurance companies may try to minimize their liability, making it essential to have skilled legal representation to ensure you receive fair compensation. If the driver is uninsured or under insured, your own auto insurance policy’s uninsured motorist coverage may offer coverage to you even when you are a pedestrian involved in an accident.

Seeking Medical Attention

After a pedestrian accident, seeking immediate medical attention is paramount, even if you believe your injuries are minor. Some injuries may not show immediate symptoms but could worsen over time. Additionally, prompt medical attention documentation is crucial for your personal injury claim, as it establishes you were injured and shows a connection between the accident and your injuries.

Statute of Limitations in California Pedestrian Accidents

In California, there is a statute of limitations for filing personal injury claims. If you intend to file a lawsuit after a pedestrian-car accident, it’s crucial to be aware of the statute of limitations. In California, there is a limited time frame within which you can bring a personal injury lawsuit. Failing to settle your claim or file a lawsuit within this time frame may result in losing your right to seek compensation. For accidents involving private individuals or commercial businesses, the statute of limitations is two years. However, if the injury was caused by a government entity or employee (for example, you are hit by a city bus driven by a city bus driver, or trip on a poorly city-maintained sidewalk), there are much shorter time limits and specific procedural requirements that must be followed. If your claim involves a public entity such as a City, County, or State, you have only six (6) months under California law to prepare and file a formal notice of your claim. If the public entity rejects your claim, you have only six months from their rejection to file a lawsuit.

Contacting a Personal Injury Attorney

Navigating the legal complexities of a pedestrian-car accident case will quickly become overwhelming, especially when dealing with injuries and emotional stress. Enlisting the help of an experienced personal injury attorney can make a huge difference. An attorney can deal with the insurance companies for you and handle all forms and guide you through the entire process, knows the law and will assert your rights, and negotiate with involved insurance companies and ensure you receive fair compensation for your injuries and damages.

Conclusion

Being a pedestrian hit by a car can be a traumatic experience, but understanding your legal options can provide some relief during this challenging time. Remember, every case is unique, and consulting a reputable personal injury attorney is crucial for a favorable outcome. By demonstrating negligence, understanding comparative fault, and seeking timely medical treatment, you can navigate the legal process more confidently. Our highly knowledgeable and skilled legal team at The Hassell Law Group is here to help you every step of the way. Reach out to us for a free consultation and let us fight for the justice and financial compensation you deserve.

We Offer Injured Pedestrian Accident Victims a Free Consultation and Work on a Contingency Fee Basis. There Is No Fee Unless We Recover Compensation for You.

We understand that attorney’s fees are a leading cause of victims not seeking the legal representation they desperately need. That’s why we work on our client’s cases on a contingency fee arrangement. Clients pay nothing upfront.

Our legal fees are calculated based on a percentage of the compensation we recover for you. That means that if there is no compensation recovered for you, there is no fee, and you owe us nothing.

We want everyone who has been seriously injured to be able to access high-quality legal counsel for their personal injury case, and we have helped countless accident victims recover compensation for their injuries.

Contact us today for a free consultation and case evaluation.

Read next: Do I need a pedestrian accident lawyer?

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.