Hit by a Car in California? A Guide to Filing Your Pedestrian Accident Claim

Each year, thousands of pedestrians in California are injured or killed by negligent drivers. In 2021, 1,108 pedestrians were killed in California, marking a 9.4% increase in pedestrian fatalities. If you or a loved one has been struck by a car while walking, understanding your rights and the steps involved in filing a pedestrian accident claim is crucial. This guide provides a comprehensive overview of the process, from gathering evidence to pursuing compensation for your injuries and losses.

California Pedestrian Laws: What You Need to Know

California law strongly protects pedestrians, granting them the right-of-way in many situations. According to California Vehicle Code (CVC) § 21950, drivers must yield the right-of-way to pedestrians crossing the street within any marked or unmarked crosswalk. A crosswalk exists at every intersection, even if there are no painted lines. Drivers must slow down or stop, if necessary, to ensure pedestrian safety.

However, pedestrians also have responsibilities. They cannot suddenly leave a curb or enter the path of a vehicle that is too close to stop safely. Pedestrians must also obey traffic signals, such as “Walk” and “Don’t Walk” signs.

Establishing Negligence: Proving Fault in a Pedestrian Accident

In California, pedestrian accident claims are based on negligence. To successfully pursue a claim, you must demonstrate that the driver was negligent and that their negligence caused your injuries. Negligence can take many forms, including:

Failure to yield: Not yielding the right-of-way to a pedestrian in a crosswalk.
Speeding: Driving faster than the posted speed limit or too fast for conditions.
Distracted driving: Texting, eating, or otherwise not paying attention to the road.
Driving under the influence: Operating a vehicle while impaired by alcohol or drugs.
Illegal turns: Making unsafe or illegal turns at intersections.

Comparative Negligence: What If I Was Partially at Fault?

California follows a “pure comparative negligence” rule. This means that you can still recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault.

For example, if you were jaywalking (crossing the street outside of a crosswalk) when you were hit by a car, you may be found partially at fault. If a jury determines that you were 20% at fault, you could still recover 80% of your damages.

Steps to Take After Being Hit by a Car

If you are hit by a car, the actions you take immediately afterward can significantly impact your ability to file a successful claim:

Call 911: Report the accident to the police and request medical assistance. A police report can serve as valuable evidence.
Seek Medical Attention: Even if you don’t think you’re seriously injured, see a doctor as soon as possible. Some injuries, like internal bleeding or concussions, may not be immediately apparent.
Gather Information: If possible, collect the driver’s name, insurance information, and license plate number. Also, get contact information from any witnesses.
Document the Scene: Take photos of the accident scene, including the location of the vehicles, any visible injuries, and relevant traffic signs or signals.
Contact an Attorney: Consult with a personal injury attorney who specializes in pedestrian accidents. An attorney can advise you of your rights and help you navigate the claims process.

Types of Compensation Available in a Pedestrian Accident Claim

If you have been injured in a pedestrian accident, you may be entitled to compensation for a variety of damages, including:

Medical Expenses: This includes past and future medical bills, such as hospital stays, doctor visits, physical therapy, and medication.
Lost Wages: You can recover compensation for lost income if your injuries prevent you from working. This includes both past and future lost earnings.
Pain and Suffering: You may be able to recover compensation for the physical pain and emotional distress you have experienced as a result of the accident.
Property Damage: If any of your personal belongings were damaged in the accident, such as a cell phone or glasses, you can seek compensation for the cost of repair or replacement.
Punitive Damages: In some cases, if the driver’s conduct was particularly egregious (e.g., drunk driving or reckless behavior), you may be able to recover punitive damages.

Statute of Limitations: Deadlines for Filing a Claim

In California, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. This means that you must file a lawsuit within two years of the accident date, or you will lose your right to sue for damages.

There are some exceptions to this rule. For example, if the accident involved a government entity (e.g., a city bus), you may have to file a claim with the government within six months of the accident. If the injured person was a minor at the time of the accident, the statute of limitations may be extended.

The Role of a Pedestrian Accident Attorney

Navigating the legal process after a pedestrian accident can be complex and overwhelming. An experienced pedestrian accident attorney can help you:

Investigate the accident: Gather evidence, interview witnesses, and reconstruct the accident scene to determine liability.
Negotiate with the insurance company: Handle all communications with the insurance company and negotiate a fair settlement on your behalf.
File a lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Maximize your compensation: Ensure that you receive the full compensation you are entitled to for your injuries and losses.

Average Payouts for Pedestrian Accidents in California

The average payout for a pedestrian hit by a car in California can range from \$10,000 to millions of dollars, depending on the severity of the injuries and other factors. Settlements involving minor injuries may range from \$10,000 to \$75,000, while settlements involving major injuries can exceed \$1,000,000.

Seeking Justice and Fair Compensation

If you have been hit by a car in California, it is essential to understand your rights and take the necessary steps to protect your interests. By seeking medical attention, gathering evidence, and consulting with an experienced attorney, you can increase your chances of recovering fair compensation for your injuries and losses. Don’t hesitate to reach out for legal assistance to navigate the complexities of the claims process and pursue the justice you deserve.