skip to main content

Posted in: Safety

Pedestrian Hit By A Car

May 2, 2018

Getting in a car accident is dangerous enough, but if you’re hit by a car while on foot, the damage can be much worse. Without any barriers between you and the car, you take the full force of the impact which can lead to serious injuries. The sheer severity alone entitles you to damages and you have a lot of avenues available to get what you’re owed.

Navigating the legal process in a case of a pedestrian hit by a car can be tough especially when your primary focus should be recover. That’s why you need an experienced personal injury lawyer who can see your case through and get you the damages you’re owed. Learn everything you need to know about being a pedestrian hit by a car and how Dunnion Law Firm can help.

First Response

The first thing you need to do in the aftermath of getting hit by a car is to make sure you’re safe. Call an ambulance if necessary. Whatever your course of action is in relation to your unique circumstance, you need to seek medical attention as soon as possible. If you don’t, that will be used against you when seeking damages, so your health and your legal rights benefit from immediate medical attention.

You should also make sure to call the police. When they arrive on the scene, they will compile an official report of the accident that comes in handy if you need reliable evidence. If you can, take pictures of the scene yourself including positioning of the vehicle, tread marks and damages. Be sure to take down the names of any witnesses and give your insurance company a call to report the accident.

Liability

California is not a no-fault state, so liability for the accident and the subsequent damages lie with the person who was most at fault for the accident. In the vast majority of cases, the party at fault will be the driver of the car and not the pedestrian. The law requires drivers to be generally aware of their surroundings which means they can be held liable even if the pedestrian wasn’t using a crosswalk.

Pedestrians aren’t automatically off the hook for liability, however. Remember, jaywalking is still mostly illegal in California despite the recent law allowing pedestrians to cross a crosswalk while the countdown is happening as long as they cross before it’s over. If you were carelessly walking across the road outside of a crosswalk, it’ll be much harder to prove that the driver is liable for your accident.

Municipality Liability

In some cases, the municipality where your accident occurred can be held liable for damages. These cases are a bit harder to argue, but liability can be established if you know what you need to prove and have an experienced personal injury lawyer at your side.

Imagine you’re about to cross a crosswalk that’s giving you the all clear while oncoming traffic also gets a green light. Due to the malfunction of the lights, you could hold the municipality responsible as it’s their responsibility to make sure they’re in working order. Even the placement of a crosswalk can be used against a municipality if it’s deemed hazardous enough.

California Personal Injury Lawyer

When you’re a pedestrian hit by a car, the recovery process can be long and difficult. Navigating the legal landscape of California’s laws is something you shouldn’t have to deal with alone. That’s why you need representation by a reputable personal injury lawyer like the professionals at Dunnion Law Firm.

Throughout our long history, we’ve earned victims over $400 million combined for their injuries. We’re so confident in our abilities, that you don’t owe us a thing until we win your case.  We can’t change the accident, but together we can change your future. Contact us today for a free consultation!

Related Services

Back

Related Posts

Posted in: Safety

Dec 14, 2018

Community Volunteer Receives Compensation After Dog Bite Attack

What started as a normal night at work bartending, ended in a nightmare for Diana Fink. A dog, brought to the bar by a convicted felon, viciously atta... Read More

Posted in: Safety

Nov 20, 2018

The Most Dangerous Roads For Auto Drivers In San Jose

Drivers should always be cautious, but when traveling on San Jose roadways, it’s imperative to be even more alert to your surroundings. Read More

Posted in: Safety

Oct 15, 2018

How Long Do I Have To File A Slip And Fall Lawsuit In San Jose?

At Dunnion Law, our slip and fall lawyers in San Jose understand the worry and stress you may be experiencing as a result of the accident. Many times,... Read More
More