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January 4, 2024

9 Mistakes Californians Make After Being Hit By a Car as a Pedestrian

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Short answer: If you’re hit by a car as a pedestrian, prioritize your safety and seek medical attention immediately.

It’s crucial to gather information from the driver, witnesses, and take photos if possible, then report the incident to the police and your insurance company. This can help you obtain maximum compensation after your accident.

Common Mistakes After Being Hit By a Car as a Pedestrian

1. Neglecting Medical Attention

Ignoring or delaying seeking medical help can exacerbate injuries; prioritizing immediate medical attention is vital to assess and address potential hidden injuries. What may seem minor at first could have lasting effects, and prompt medical care ensures a proper evaluation of your health status.

2. Failing to Gather Information

Not collecting details from the driver, witnesses, or the scene hinders insurance claims and legal actions. Thorough information gathering serves as crucial evidence, aiding in determining fault and establishing a comprehensive account of the incident.

3. Skipping Police Report

Avoiding reporting the incident to the police can create complications in legal proceedings. A police report provides an official record of the accident, offering a factual foundation for insurance claims and potential legal actions.

4. Lack of Documentation

Failing to take photos of the scene, injuries, and any damages may weaken your case. Visual documentation serves as tangible evidence, supporting your account of the accident and providing clarity to insurance companies or legal professionals.

5. Admitting Fault

Refrain from admitting fault or making statements that could be used against you later. Admitting fault prematurely may complicate legal proceedings, impacting your ability to seek compensation even if the responsibility lies with the other party.

6. Delaying Legal Consultation

Waiting too long to consult with a lawyer may jeopardize your ability to file a successful claim. Legal professionals can guide you through the process, ensuring deadlines are met and your rights are protected from the outset.

7. Not Notifying Insurance

Failing to inform your insurance company promptly may result in difficulties processing your claim. Timely notification allows for a smoother claims process, ensuring you receive the necessary assistance for medical expenses and property damages.

8. Foregoing Follow-Up Medical Care

Neglecting ongoing medical treatment can hinder your recovery and impact potential settlement amount. Follow-up care is essential for documenting the full extent of your injuries and demonstrating the ongoing impact on your life, strengthening your case for compensation.

9. Disregarding Legal Guidance

Avoid navigating the legal process alone; consult with a lawyer for proper guidance. Legal professionals can help you understand your rights, navigate complex legal procedures, and advocate on your behalf, increasing the likelihood of a fair outcome in your case.

What to Consider After Being Hit By a Car While Walking in California

1. Seek Immediate Medical Attention

Prioritize your well-being by seeking prompt medical care to assess and address injuries, ensuring a comprehensive understanding of your health status for both immediate and potential long-term effects.

2. Gather Detailed Information

Collect details from the driver, witnesses, and the scene to strengthen your case. Comprehensive information aids in establishing a clear account of the incident, supporting insurance claims and potential legal actions.

3. Report the Incident to the Police

Ensure you report the accident to the police promptly. A police report provides an official record, serving as a foundational document for insurance claims and legal proceedings.

4. Document the Scene and Injuries

Take photos of the accident scene, injuries, and any damages. Visual documentation serves as tangible evidence, offering clarity to insurance companies and legal professionals, and strengthening your case.

5. Refrain from Admitting Fault

Avoid admitting fault or making statements that could be used against you later. This helps protect your legal position and ensures that responsibility is accurately determined.

6. Consult with a Personal Injury Lawyer

Seek legal guidance early on. Consulting with a personal injury lawyer helps navigate the legal process, understand your rights, and increase the chances of maximizing compensation for medical expenses, pain, and suffering.

7. Notify Your Insurance Company

Inform your insurance company promptly. Timely notification ensures a smoother claims process, helping you receive necessary assistance for medical expenses and property damages.

8. Attend Follow-Up Medical Care

Do not skip ongoing medical treatment. Follow-up care documents the full extent of your injuries, showcasing the ongoing impact on your life, which is crucial for maximizing compensation and recovery.

9. Follow Legal Guidance

Work closely with your personal injury lawyer throughout the process. Legal professionals can guide you in making informed decisions, ensuring your rights are protected, and maximizing your chances of a fair outcome.

What to Do if You’ve Filed a Claim Yourself

If you’ve filed a claim independently and feel uncertain about the next steps, consider consulting with a personal injury lawyer. They can provide guidance on navigating the complexities of the claims process, ensuring you understand your rights and maximizing your chances of fair compensation.

A legal professional can review your case, identify potential issues, and offer strategic advice, enhancing your position and addressing any challenges that may arise during negotiations or legal proceedings. Seeking legal counsel can bring clarity, expertise, and advocacy to your situation, helping you make informed decisions for a more favorable outcome.

What to Do if You’re Unsure About Filing a Claim

If unsure about filing a claim after an accident, consider the potential benefits. A successful claim can provide crucial financial relief for medical expenses, rehabilitation, and lost wages. It may also cover pain and suffering, offering compensation for emotional distress.

Opting for a claim can alleviate the burden of financial strain and provide the support needed for a more comprehensive recovery.

Consult with a personal injury lawyer to assess the merits of your case, understand potential outcomes, and make an informed decision that prioritizes your well-being and future security.

Get Connected With a Pedestrian Accident Attorney

If you’re unsure about your next steps after being hit by a car as a pedestrian in California, contact LawLinq today. We work with top rated pedestrian accident attorneys and all initial consultations are free. Start your road to clarity and compensation.

About the Author

Jessica Anvar

California Consumer Litigation Attorney Jessica Anvar, Esq. is the Founder and Managing Partner of Lemon Law Experts California’s leading lemon law firm. She has multiple years’ worth of experience working with both state and federal lemon laws. Her practice focuses exclusively on consumer protection cases. Ms. Anvar received her J.D. from Loyola Law School. She also earned a Master of Business Administration degree from Loyola Marymount University. Jessica is very active in her local legal community and has helped thousands of clients across the state of California. She has an outstanding record as a true advocate for consumers.

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