The number of pedestrian-car accidents is growing fast in California. In fact, there is no other state in the US that has more pedestrian deaths than California. Statistics show that in 2018 over 14,000 pedestrians were injured, and around 893 pedestrians were killed due to pedestrian-car accidents in California.

If you, or someone you know, have been a victim of a similar incident, you should know who to contact to get the compensation you deserve. Listed below are the two legal options you have if you are hit by a motor vehicle.

1. File a case against the car owner

If you are hit by a car, the car driver will most likely be considered responsible for the incident, whether you are in the crosswalk or not. It is mainly because traffic rules and laws tell drivers to be extra careful while driving and avoid hitting people or things present on the road.

If the car hits you in the crosswalk, the driver will be considered at fault. But if you are hit outside the crosswalk, you can still win the case by proving you were fully attentive, but the driver was careless.

In most cases, the victim makes the insurance claim and requests the other party’s insurance company to compensate for the loss. If the offered settlement is insufficient, you can take the case to civil court and hire a personal injury attorney to represent you in court.

2. File a case against the local government

Sometimes, pedestrian-car accidents occur due to municipal negligence. For instance, it can happen due to the poor construction of the road, wrong placement of the crosswalk, or traffic signal problem. Since it is the duty of the local municipality to maintain roads and traffic safety, you can file a claim against them for their negligence and get reasonable compensation.

Steps to take after being hit by a car

Taking the following steps after being hit by a car will increase your chances of getting the desired compensations. 

• Call 911 to get immediate medical attention if you or anyone else is injured.

• Get information from the car driver, including their name, address, phone number, and insurance details.

• Call traffic police and explain the whole incident so they can write a report.

• Take pictures of your injuries, site of the accident, the car, or your damaged properties (if there are any).

• Contact a personal injury attorney so they can handle your case the right way. Hiring a knowledgeable and experienced person who knows how to handle such cases will help you maximize your compensation for you claim. The attorneys at Blake Law Group all have multiple years of experience handling these types of matters. 

Can a pedestrian be considered at fault for the pedestrian-car accident?

Yes, especially if the pedestrian is violating a traffic law (walking in a prohibited area). In that case, the pedestrian may also be responsible not only for their own injuries but for the injuries to the driver and damage to the vehicle.

Wrapping it up

Pedestrian-car accidents are quite common in California. If you have been injured in such an accident, reach out to Blake Law Group so we can handle the defendant driver and their insurance company and you can focus solely on getting better.