As a pedestrian, getting hit by a car is one of the scariest and most traumatic events you can experience, and it can leave you facing extensive injuries and financial losses. With that being said, if you’ve been the victim of a pedestrian accident, you have legal options, and a knowledgeable pedestrian accident lawyer can explain them to you.
After Getting Hit by a Car, You Could Have a Claim for Compensation
If a driver hits you, you may have a valid claim for compensation, and depending on the details of your case, you could take multiple avenues to obtain the monetary recovery you deserve:
Filing a Claim Under the At-Fault Driver’s Insurance
California is a fault state, meaning accident victims can file third-party insurance claims against the at-fault driver’s insurance. While this is typically done in response to car accident cases, the same applies to pedestrian accidents.
When you file a claim with the responsible driver’s auto insurer, you could recover compensation for your injuries and accident-related losses. However, it’s worth noting that insurance companies are notorious for being difficult to deal with, so it’s particularly helpful to have a pedestrian accident lawyer assist you with your claim.
Filing a Personal Injury Lawsuit
Typically, pedestrians have the opportunity to file personal injury lawsuits under two circumstances: if their insurance claim is unsuccessful or if the at-fault driver doesn’t have insurance.
Ideally, you would successfully settle with the insurance company, receive your money, and close your claim. Unfortunately, it rarely ever goes so smoothly, as insurance companies do everything to limit their liability and avoid paying out for claims. When that’s the case, filing a lawsuit may be necessary to obtain compensation.
While California law requires drivers to at least have minimum auto insurance, not all drivers follow the law. As such, if you’re involved in a pedestrian accident with an uninsured driver, you may need to file a personal injury lawsuit against them to pursue fair financial recovery.
In either set of circumstances, filing a lawsuit can be stressful and overwhelming, but a pedestrian accident lawyer can handle all case-related tasks and fight aggressively for your right to compensation.
Protecting Your Rights Is Key
After being involved in a pedestrian accident, taking certain steps to protect your rights to future compensation is especially beneficial.
Call the police and report your accident, and if possible, begin gathering evidence at the scene of the accident, including photos and witness contact details. The responsible driver is also legally obligated to remain on the scene and provide you with their information.
From there, seek immediate medical attention. Getting treatment for your injuries can help you make a recovery, and your medical records will play a vital role in your claim.
Finally, seek legal assistance from a pedestrian accident attorney. A lawyer can provide the qualified guidance and advice you need most.
Time Is Limited — Don’t Wait to Consult With an Experienced Pedestrian Accident Lawyer
There is limited time to file a claim and seek compensation for a pedestrian accident, so do not hesitate to speak with a pedestrian accident attorney as soon as you can.
The legal team at Steinberg Injury Lawyers has extensive experience representing injured clients. We’re dedicated to helping our clients obtain the most favorable case outcomes and get the monetary recovery they need to ease their financial burdens. Contact us today to schedule your complimentary consultation.
