How Can a Pedestrian Accident Lawyer Help Me?

Hit-and-run accidents are scary and dangerous, but can turn even more deadly when a pedestrian is involved. Pedestrian hit-and-run accidents can happen just about anywhere – busy intersections, parking lots, and residential streets to name a few. Pedestrians are extremely exposed while out walking, jogging, or running, meaning they are at a far greater risk of sustaining serious injuries if hit by a car.

If you or someone you know was hit by a car as a pedestrian, you may need to speak with an experienced pedestrian accident lawyer. Our law firm can guide you through your options and help you seek justice after a serious pedestrian accident.

Pedestrian Fatalities Are Increasing At Alarming Rates

According to preliminary data released by the Governors Highway Safety Association (GHSA), there were 3,434 pedestrian deaths in the first half of 2022. Moreover, pedestrian fatalities skyrocketed to 7,485 in 2021 – the highest number in 40 years. As the upward trend continues, the safety of pedestrians is still at risk. California, the most populous state, recorded the highest number of pedestrian deaths. 

According to the CDC, alcohol use, speeding, and location are the major risk factors for pedestrian crashes. Pedestrian accidents happen more frequently in urban areas like Los Angeles, away from intersections, and at night when visibility is limited. 

Pedestrian accident victims are much more likely to suffer serious injuries such as broken bones, cuts and lacerations, traumatic brain injuries, and spinal cord injuries. 

What Is a Hit-and-Run Accident?

A hit-and-run accident is a crime that involves leaving the scene of an accident without providing contact information or waiting for the police. In California, a hit-and-run accident is classified as either a misdemeanor or a felony, depending on whether the accident caused property damage only or injury or death to another person. 

If a pedestrian is hit and injured by a vehicle, the driver must stop and wait for the authorities to arrive. If the driver flees, the accident is considered a felony hit and run, which can be punished by up to four years in prison and a $10,000 fine. 

Who Is Responsible for the Pedestrian Accident?

In many pedestrian accident cases, the driver is at fault. Motor vehicle drivers who violate their duty of care by speeding, running a red light, or driving under the influence will be held responsible for the victim’s injuries and damages. 

However, there are cases where the injured pedestrian is partially liable if they also acted negligently, such as crossing against the signal or jaywalking where there is an immediate danger of a collision. In California, the pedestrian’s negligence can reduce their recovery in what is known as pure comparative negligence. This essentially means that the pedestrian can still recover damages if they are partially at fault, but their recovery will be reduced by their percentage of fault. 

Recovering Compensation After Pedestrian Accidents

There are a few different ways to recover compensation after a pedestrian accident or a hit-and-run, depending on whether the driver who caused the injury is identified or not. 

If the driver is identified, you may be able to file a claim with their insurance company or file a negligence claim. You can claim compensation for your medical expenses, lost wages, pain and suffering, and other damages. You may also be able to claim punitive damages if the driver’s conduct was especially reckless or malicious.

If the driver is not identified, you may still be able to recover compensation from your own uninsured or underinsured motorist insurance coverage (UM/UIM). You may be entitled to recover No-Fault personal injury protection (PIP) benefits that will help to pay for your medical bills, lost wages, mileage and transportation costs, household replacement services, and attendant care services. However, you may not be able to recover compensation for pain and suffering or other non-economic damages unless you have uninsured motorist coverage or sue the driver if he or she is later found. Consult with a pedestrian accident attorney to discuss filing a personal injury claim.‍

What Should I Do After Being Hit By A Car?

Motor vehicle accidents are a traumatizing experience in any person’s life. If you’ve been hit by a car as a pedestrian, you may be knocked unconscious or in a state of shock. If you have not been seriously injured, there are some important steps you can take to protect yourself, your legal rights, and your future. 

Report the accident to the police

If anyone is hurt, call 911 and request medical assistance. Do not move anyone who is seriously injured unless they are in immediate danger. Even if the accident was minor or the driver who hit you fled the accident scene, you should still call the police. They will document the accident and provide you with an accident report that can be used as evidence later. 

Gather evidence

If the driver stays on the scene, get their name, address, phone number, driver’s license number, license number, vehicle identification number, and insurance company police number. If the driver fled, make note of as much as you can about the vehicle and the driver, such as the make, model, and color of the car and what direction it was headed. 

Take photos

Take photos and videos of the scene and the damage. You should capture the position of the vehicle, the traffic signs and signals, the weather and road conditions, the injuries of yourself and others, and any other relevant details. 

Seek medical attention

You should see a doctor as soon as possible after the accident, even if you feel fine. Some pedestrian accident injuries may not show symptoms right away but can worsen over time. Getting medical treatment can also help you document your injuries and link them to the accident.

Speak to witnesses

If there are witnesses, ask them what they saw and heard and if they are willing to provide a statement. Their testimony can help you prove who was at fault for the accident. 

Contact your own insurance company

Report the accident as soon as possible to your insurance company, especially if the other driver fled the scene. However, be careful about what you say to the insurance adjustor. They will want to close your claim as quickly as possible and may use various tactics to get you to settle. Be wary of accepting a settlement without reviewing the details with a lawyer first.

Consult a pedestrian accident lawyer

A personal injury lawyer who specializes in pedestrian accidents can greatly affect the outcome of your case. A lawyer can negotiate with the insurance companies on your behalf, and represent you in court if necessary. Most personal injury attorneys work on a contingency fee, meaning they only get paid if they win your case.

Seek Help From an Experienced Pedestrian Accident Attorney

An unfortunate truth exists: hit-and-run accidents occur frequently. This is why it is very important to be prepared and know what to do in the event that you are injured in an accident. Our Orange County law firm has years of experience representing clients injured in car accidents, motorcycle accidents, truck accidents, pedestrian accidents, and bicycle accidents. We offer a free consultation 24/7. Call our pedestrian accident attorneys at (800) 719-9779 or fill out this quick online form.