Getting hit by a car while walking is a frightening experience. It happens more often in California than you would think. If you have been injured in a crosswalk or another location while you were walking, it is essential to understand your rights. The steps you take now can affect your recovery and financial future. Here is what you need to know about filing a pedestrian accident claim and what it takes to build a strong case. From gathering evidence at the scene to understanding your legal rights, every step matters when seeking compensation for injuries caused by a driver’s negligence.
What Is a Pedestrian Accident Injury Claim?
A pedestrian accident injury claim is a legal process that allows an injured person to pursue rights and maximize compensation from the party responsible, who is most often a negligent driver. These claims apply to a wide range of incidents, such as:
- Crosswalk accident injuries
- Situations where a driver failed to yield
- Pedestrian hit-and-run cases
- Car vs. pedestrian collisions in parking lots or intersections
To proceed with a claim, you must prove that someone else caused the accident. This may require evidence that the driver was distracted, speeding, or breaking traffic laws.
Since pedestrians have no physical protection, their injuries are often serious—broken bones, traumatic brain injuries, internal bleeding, and more. Recovery can take months or even years and come with steep medical costs. A pedestrian accident injury claim helps hold the at-fault party responsible. It allows you to recover and calculate compensation for hospital bills, rehabilitation, lost wages, and other expenses.
Who Is Liable in a Pedestrian Accident?
The fault in a pedestrian crash depends on who broke the rules. Drivers have a legal duty to watch for pedestrians, especially in marked crosswalks or school zones. If a driver was speeding, texting, or running a red light, they may be liable for your injuries.
But pedestrians must also follow the laws. If someone walked outside a crosswalk or ignored signals, they may share some fault. California has a comparative negligence rule. Under this rule, you may recover some losses even if you are partially at fault.
In some cases, a city or property owner may be liable. For example, a government entity could be involved if poor lighting, missing signs, or faulty crosswalk signals contributed to the accident.
Every pedestrian insurance claim starts with a clear look at what caused the crash. Police reports, video footage, eyewitness accounts, and accident reconstruction all help determine who was at fault and is, therefore, liable.
What Can You Claim in a Pedestrian Injury Case?
Getting hit by a car can leave you physically, emotionally, and financially overwhelmed. Beyond the pain, you may be facing:
- Emergency room and hospital bills
- Surgeries and long-term rehab
- Prescription medications and therapy
- Lost wages during recovery
- Emotional trauma and lifestyle changes
California law gives injured pedestrians the right to seek compensation through a personal injury claim. If the accident causes a permanent disability, future lost income may also be included.
In tragic cases involving wrongful death, surviving family members can pursue claims for funeral expenses, loss of companionship, and the financial support the loved one would have provided. Seeking legal help early can make all the difference in your recovery and long-term stability.
What To Do After a Pedestrian Accident
What you do immediately after a walking accident can make or break your injury claim.
- Call 911. Always get medical help and report the accident to the police. The report creates a valuable record.
- Document the scene. Take photos of where it happened, any injuries, crosswalks, and road signs if you can.
- Collect contact information. Get the names and numbers of the driver, witnesses, and responding officers.
- Seek medical care. Even if injuries seem minor, go to the doctor. Medical records help prove the seriousness of your injuries.
- Talk to a pedestrian accident lawyer. Your lawyer can manage your case while you focus on healing.
- Avoid speaking to insurance adjusters. Let a lawyer handle communications so you do not say anything that could be used against you.
The more evidence you collect, the stronger your pedestrian accident injury proof will be. Keep copies of medical bills, missed work logs, prescriptions, and every document that shows how the crash impacted your life.
How Long Do You Have to File a Claim?
In California, you usually have two years to file a personal injury claim from the accident date. However, if a government agency is involved, the window may be as short as six months. Missing these deadlines can prevent you from recovering compensation, no matter how serious your injuries are. Speaking with a lawyer as soon as possible after the accident is paramount to protect your rights and build a strong case.
Please read more about personal injury claims here: Understanding Personal Injury Claims in California
Understanding the Pedestrian Settlement Process
The pedestrian accident settlement process involves several key steps:
- Investigating the accident and gathering evidence
- Getting medical evaluations to assess your injuries and treatment for your healing
- Filing the claim
- Negotiating with the insurance company
- Filing a lawsuit if no fair offer is made
Insurance companies often try to reduce their payouts by blaming the pedestrian. They might, for example, claim you were not in a crosswalk or that you were distracted. That is why having a lawyer matters. An experienced attorney will gather solid documentation, push back against unfair tactics, and build a strong case for your pedestrian injury claim.
Some claims settle within a few months, especially if injuries are straightforward. However, the process may take longer if your recovery is ongoing or if the other side disputes fault. Either way, having legal support helps protect your rights and improve your chances of a fair outcome.
Let DJA Injury Attorneys Help You Move Forward
If you have suffered serious injuries in a pedestrian accident in Huntington Beach or the surrounding areas, do not go it alone. You deserve someone in your corner. The pedestrian accident lawyers in Huntington of DJA Injury Attorneys can explain your rights and build a strong pedestrian accident injury claim. We’ll handle everything from investigating who is at fault to negotiating with insurers and fighting for your full financial recovery.
Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Reach out today through our contact form to learn more about how we can help. Call (949) 229-7228 to speak with our team directly in a free consultation.
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