Pedestrian accidents can cause some of the most serious injuries seen in personal injury cases. Unlike people inside a vehicle, pedestrians have almost no physical protection when they are struck by a car, truck, motorcycle, or other vehicle.
If you were hit while walking in Simi Valley, you may be entitled to compensation when another person’s negligence caused the accident. A Simi Valley personal injury lawyer can investigate how the collision happened, identify the responsible parties, and determine what damages may be available under California law.
When Can a Pedestrian Recover Compensation?
A pedestrian may have a personal injury claim when another person or entity failed to use reasonable care and that failure caused the accident.
Many pedestrian accidents involve negligent drivers. Common examples include drivers who:
- Fail to yield at a crosswalk
- Speed through an intersection
- Make an unsafe turn
- Run a red light or stop sign
- Drive while distracted
- Use a phone behind the wheel
- Drive under the influence
- Back out without checking for pedestrians
- Fail to see a pedestrian at night
- Drive too fast for traffic or visibility conditions
A Simi Valley personal injury lawyer can review police reports, photographs, surveillance footage, witness statements, vehicle damage, and other evidence to determine how the accident occurred.
Do Drivers Always Have to Yield to Pedestrians in California?
California law gives pedestrians important protections, but pedestrians and drivers both have responsibilities.
Drivers generally must yield the right-of-way to pedestrians crossing within marked or unmarked crosswalks at intersections. At the same time, pedestrians cannot suddenly leave a curb or other place of safety and enter the path of a vehicle that is so close that it creates an immediate hazard.
This means pedestrian accident cases are often highly fact-specific.
The location of the pedestrian, traffic signals, visibility, vehicle speed, road design, and actions of both parties may all matter when determining fault.
A Simi Valley personal injury lawyer can analyze these details instead of relying solely on the driver’s version of events.
What If You Were Hit Outside a Crosswalk?
Being outside a marked crosswalk does not automatically prevent a pedestrian from recovering compensation.
California follows a pure comparative negligence system. This means an injured person may still recover damages even if they were partially responsible for the accident, although their compensation can generally be reduced based on their percentage of fault.
For example, if a pedestrian’s damages were valued at $200,000 and the pedestrian was found 25% responsible, the potential recovery could be reduced to $150,000.
Insurance companies may try to place significant blame on a pedestrian who was not inside a marked crosswalk. However, that does not automatically mean the driver was free from responsibility.
A driver may still have been speeding, distracted, impaired, or otherwise negligent.
A Simi Valley personal injury lawyer can investigate all of the circumstances surrounding the collision before fault is assigned.
What Compensation Is Available After a Pedestrian Accident?
The amount of compensation available depends on the severity of the injuries and the specific losses caused by the accident.
A pedestrian injury claim may potentially include compensation for:
- Ambulance transportation
- Emergency room treatment
- Hospitalization
- Surgery
- Diagnostic imaging
- Physical therapy
- Rehabilitation
- Prescription medication
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Pedestrian accidents can result in fractures, traumatic brain injuries, spinal injuries, internal injuries, ligament damage, and other serious conditions.
Because these injuries may require months or even years of treatment, it is important to understand the full medical picture before accepting a settlement.
A Simi Valley personal injury lawyer can review medical records and future treatment recommendations when evaluating the value of a claim.
What If the Driver Says They Did Not See You?
Drivers frequently claim that they did not see the pedestrian before impact.
That statement does not necessarily eliminate liability.
Drivers are expected to pay attention to the road and exercise reasonable care under the circumstances. Depending on the facts, failure to see a pedestrian may itself suggest that the driver was distracted, traveling too fast, or failing to maintain a proper lookout.
Lighting conditions, street design, parked vehicles, weather, and visibility may all become important evidence.
Video footage can be especially valuable in pedestrian accident cases.
Nearby businesses, homes, traffic cameras, or dash cameras may have recorded the collision or the moments leading up to it.
A Simi Valley personal injury lawyer can take steps to identify and preserve evidence before it is lost or deleted.
What If the Driver Leaves the Scene?
Hit-and-run pedestrian accidents can make the claims process more complicated.
If the driver leaves after striking a pedestrian, report the accident to law enforcement as soon as possible.
Try to preserve any information that could help identify the vehicle, including:
- License plate numbers
- Vehicle color and make
- Photographs
- Video footage
- Witness information
- Vehicle debris left at the scene
If the driver cannot be identified, uninsured motorist coverage may potentially become relevant depending on the injured person’s auto insurance policy and the circumstances of the accident.
A Simi Valley personal injury lawyer can review available insurance coverage and investigate other possible sources of compensation.
Can Someone Other Than the Driver Be Responsible?
Yes.
The driver is not always the only potentially responsible party.
Depending on the circumstances, liability may also involve:
- The driver’s employer
- The owner of the vehicle
- A rideshare or delivery company
- A commercial trucking company
- A government entity responsible for a dangerous roadway condition
- Another driver who contributed to the accident
Claims involving public entities can also have much shorter notice deadlines than ordinary personal injury claims.
That is one reason it can be important to investigate a serious pedestrian accident quickly.
A Simi Valley personal injury lawyer can determine whether more than one person, company, or entity may share responsibility.
Should You Speak With the Insurance Company After a Pedestrian Accident?
Insurance companies may contact an injured pedestrian soon after an accident.
You should be cautious about giving recorded statements or accepting an early settlement before the full extent of your injuries is known.
A settlement may appear substantial initially, but serious injuries can involve future surgery, rehabilitation, lost earning capacity, and long-term pain that were not obvious immediately after the collision.
Once a claim is settled and a release is signed, the injured person generally cannot reopen the claim simply because additional medical problems develop.
Before accepting an offer, it is important to understand both the medical consequences of the accident and the insurance coverage available.
Talk to a Simi Valley Personal Injury Lawyer About Your Pedestrian Accident
If you were struck by a vehicle while walking in Simi Valley, you may have the right to seek compensation for your medical expenses, lost income, pain and suffering, and other damages.
At Bojat Law Group, we represent pedestrians injured because of negligent drivers and other responsible parties throughout Simi Valley and Southern California.
A Simi Valley personal injury lawyer at Bojat Law Group can investigate the accident, preserve important evidence, identify available insurance coverage, and pursue the compensation available under California law.
Call Bojat Law Group at (818) 877-4878 for a free consultation.
Available 24/7. No recovery, no fee. Direct attorney access.
