What are the rights of the family or victim of a pedestrian injury accident?
In the state of California, pedestrians have the right of way. This means that a car must yield to the pedestrian, and must wait for them to be safely out of the roadway before proceeding. All too often, unfortunately, a car runs into a pedestrian, causing significant injuries, or even death. The victim has the right to recover their medical expenses and loss of wages due to time off from work due to the injuries. If this was a fatal accident, the family is entitled to a settlement for the loss of their loved one.
What can a pedestrian do if they were a victim of a hit and run?
Normally, in a pedestrian injury accident, you would be able to recover from the driver’s insurance company. If your accident was a hit and run, you may feel that you have no recourse and that there is no way you will be able to get compensation from the driver or the driver’s insurance. This is not necessarily true and the pedestrian has rights and should file charges.
How to file hit and run charges
If the car which hit a pedestrian ran off, it is very important to go through the process of filing hit and run charges. This will establish that you were hit by a car at that particular time and place and that you sustained injuries from the incident. It will also record the circumstances of the crash. Depending on the severity of the injuries, emergency care may be needed by ambulance. The police should have been called and will file a report.
If your injuries are not that severe, you may need to call the police yourself and have them take a police report. The hit and run charges will then get the police to start looking for the driver. More than likely, they will be found. Once the driver is caught, a person who was involved in the pedestrian injury accident can go about filing a lawsuit.
Going forward with a personal injury accident case
A pedestrian hit by car has a very good chance of winning a case against the driver. This is because if they were charged with a hit and run, the driver has likely already assumed responsibility for the pedestrian injury accident. In addition, California laws state that pedestrians always have the right of way. This means that the driver will have to prove that the pedestrian was horribly negligent and that they practically jumped out in front of the car.
A personal injury accident case will usually involve having the pedestrian’s lawyer filing a claim with the driver’s insurance agency. The agency will attempt to settle the matter in nearly all cases. The pedestrian can then file a personal injury accident claim against the driver for running away, causing injury to the pedestrian, and disrupting their day to day life.
Your lawyer can argue the matter in court, or they can reach an outside settlement with the driver. If the driver does not have insurance, then the lawyer can go about the process of suing them and having them pay restitution for the amount due to the pedestrian. The lawyer can arrange for the establishment of annuities to ensure that the pedestrian will be able to get their compensation.
If you have been the victim of a pedestrian-car accident, contact Jeffrey Dawson to schedule a free consultation.