If you were a pedestrian in California when you were struck by a vehicle, you have suffered damages. Your injuries could be life-altering or even life-threatening. The driver who caused the crash is liable for the damages that resulted. There are several things to consider when determining liability for a pedestrian accident.
Whether or not you were walking in a crosswalk or whether you were jaywalking or disobeying traffic signals impacts liability and responsibility. When the police arrive on the scene, the responding law enforcement officer will conduct an investigation and determine who was at fault for what and if negligence played a role in the accident.
How Negligence Impacts A California Personal Injury Claim
If you have been hit as a pedestrian in California, the driver of the vehicle is most likely to blame for the accident or for a large percentage of the accident. An investigation will determine who was at fault for the accident and what percentage of blame is credited to each party.
California is a comparative negligence state, so even if you were 90% at fault for the accident you can pursue damages for the other party's fault.
To recover damages, you will have to file a California personal injury claim against the other party and have evidence that supports your claim and that shows the other party was liable for all or some of the damages that resulted.
Damages Resulting From Being Hit As A Pedestrian
Many damages can result from being struck as a pedestrian in California. First and foremost, the greatest expense you will be encountering will be your medical bills. Medical expenses can add up quickly. You could end up owing tens of thousands of dollars before you know it. Keep all medical records and copies of medical bills to support your claim.
Next, you will have lost wages. Not being able to work and not having your regular income can have serious financial impacts on your family. If you have serious injuries that will require ongoing care and attention, you might have future medical expenses and future loss of earnings. During your recovery, you will have a loss of enjoyment of life.
Take photos of any visible injuries and keep all documentation that shows work missed and how your injuries have impacted you.
Consult With A Personal Injury Attorney
If you have been hit as a pedestrian in California, you should consult with a California personal injury lawyer. An attorney can help establish liability and determine who is responsible for what percentage of the damages. Your attorney can help you file a personal injury claim to recover compensation for the damages you suffered as a result of your pedestrian accident.
If you wait too long, you could miss out on your right to file a claim for damages. California has a strict statute of limitations, so you should schedule a consultation with a lawyer right away.
Your attorney won't get paid until you get a settlement or judgment, so you have nothing to lose.
