Every year, thousands of pedestrians are injured or killed in traffic accidents in California. According to the California Office of Traffic Safety, there were over 14,000 pedestrian injuries and nearly 900 fatalities in 2019 alone. These alarming numbers highlight the risks that pedestrians face every day.

A pedestrian accident occurs when an individual on foot is struck by a vehicle, bicycle, or other moving object. These accidents can happen in various settings, including crosswalks, sidewalks, parking lots, and streets. Pedestrian accidents are often the result of a collision between a pedestrian and a motor vehicle, but they can also involve bicycles, scooters, and other modes of transportation.

Immediate Steps to Take After a Pedestrian Accident

Ensure Safety

Move to a Safe Location:

• Prioritize Safety: The first step after a pedestrian accident is to ensure your safety and the safety of others involved. If you can move without causing further injury, get to a safe location away from traffic.
• Check for Injuries: Assess yourself and others for injuries. If you or anyone else is seriously hurt, try not to move and wait for emergency responders to arrive.

Call 911

Report the Accident:

• Emergency Response: Immediately call 911 to report the accident. Provide the dispatcher with the location of the accident, the number of people involved, and any known injuries.
• Medical Assistance: Request medical assistance. Even if injuries seem minor, it's important to have a medical professional assess your condition. Some injuries may not be immediately apparent and can worsen over time.

Gather Information

Contact and Insurance Details:

• Driver Information: Collect the driver’s name, contact details, driver’s license number, and insurance information. This information is crucial for filing a claim and seeking compensation.
• Vehicle Details: Note the make, model, color, and license plate number of the vehicle involved in the accident.

Witness Information:

• Obtain Contact Information: If there are any witnesses to the accident, ask for their names and contact details. Witnesses can provide valuable statements that support your account of the incident.
• Witness Statements: If possible, ask witnesses to provide a brief statement about what they saw. This information can be crucial for establishing fault and building your case.

Document the Scene

Take Photos and Videos:

• Accident Scene: Use your phone or camera to take photos and videos of the entire accident scene. Capture wide-angle shots that show the location and any relevant traffic signals or signs.
• Vehicle Damage: Document the damage to the vehicle involved in the accident. Take close-up photos of any visible damage.
• Visible Injuries: Photograph any visible injuries you sustained. This visual evidence can help support your injury claims.
• Road Conditions: If applicable, take photos of road conditions that may have contributed to the accident, such as skid marks, debris, or poor lighting.

Reporting the Accident

File a Police Report

Necessity of Filing a Police Report:

• Official Documentation: Filing a police report is crucial as it creates an official record of the accident. This document serves as an unbiased account of the incident, detailing the time, location, involved parties, and initial observations.
• Evidence Collection: Police officers at the scene collect essential evidence, including witness statements, photographs, and descriptions of the accident. This information can be critical for determining fault and supporting your claim.
• Legal Requirement: In many cases, filing a police report is legally required, especially if there are injuries or significant property damage. Failing to file a report could result in penalties and complicate your claim process.

Obtaining a Copy:

• How to Obtain a Copy: After the police report is filed, obtain a copy for your records. You can request this from the law enforcement agency that responded to the accident. Having a copy of the report is essential for your insurance claim and any potential legal proceedings.
• Reviewing the Report: Carefully review the police report to ensure that all information is accurate. If there are any discrepancies or errors, notify the police department promptly to correct them.

Notify Your Insurance Company

Advising Your Insurance Company:

• Timely Notification: Notify your insurance company about the accident as soon as possible. Many insurance policies have specific time limits for reporting accidents, and delaying this step could jeopardize your claim.
• Providing Accurate Information: When contacting your insurance company, provide accurate and detailed information about the accident. This includes the date, time, and location of the accident, the parties involved, and a summary of the incident.

Information to Provide:

• Contact Details: Share the contact information of the driver and any witnesses.
• Police Report: Provide the police report number and a copy of the report if available.
• Photos and Documentation: Submit any photos or videos of the accident scene, vehicle damage, and injuries. Also, include any medical records or expenses incurred as a result of the accident.
• Injuries and Damages: Describe the injuries you sustained and the damages to your personal property.

Importance of Accurate Reporting:

• Consistency: Ensure that the information you provide to your insurance company is consistent with the details in the police report and your personal records. Inconsistencies can complicate your claim and reduce your chances of receiving fair compensation.
• Documentation: Keep a record of all communications with your insurance company, including the date, time, and summary of each conversation. This documentation can be helpful if there are disputes or delays in processing your claim.

Filing the Claim

Determine Liability

How Liability is Determined:

• Traffic Laws: In pedestrian accident cases, liability is often determined based on traffic laws. Drivers are generally required to yield to pedestrians at crosswalks and intersections. Violations of these laws, such as running a red light or failing to stop at a crosswalk, can establish driver liability.
• Accident Investigations: Law enforcement and insurance companies conduct thorough investigations to determine the cause of the accident. This includes examining the scene, reviewing traffic camera footage, and analyzing vehicle damage.
• Negligence: Liability may also be established by proving negligence. If the driver was distracted, speeding, or under the influence of drugs or alcohol, they could be found negligent and therefore liable for the accident.

Gather Evidence

Types of Evidence Needed:

• Medical Records: Detailed medical records documenting your injuries, treatments, and medical expenses are crucial. These records provide evidence of the severity of your injuries and the associated costs.
• Accident Reports: Obtain a copy of the police report, as it includes important details about the accident, such as the time, location, and involved parties. The report may also contain the officer’s observations and conclusions about fault.
• Witness Statements: Collect statements from any witnesses who saw the accident. Witnesses can provide an unbiased account of the incident, which can support your version of events.
• Expert Testimonies: Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide testimony to support your claim. These experts can explain how the accident occurred and the impact of your injuries on your life.
• Photographic Evidence: Photos and videos of the accident scene, vehicle damage, road conditions, and your injuries can provide visual evidence to support your claim.

Calculate Damages

Types of Damages You May Be Entitled To:

• Medical Expenses: This includes all medical costs related to the accident, such as emergency room visits, surgeries, hospital stays, medications, physical therapy, and any future medical treatments needed.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost wages. This includes both past and future income lost due to the accident.
• Pain and Suffering: Compensation for pain and suffering addresses the physical pain and emotional distress caused by the accident. This can include anxiety, depression, and loss of enjoyment of life.
• Property Damage: If any personal property, such as your bicycle or personal items, was damaged in the accident, you can seek compensation for repair or replacement costs.

Calculating Damages:

• Documenting Losses: Keep detailed records of all expenses and losses related to the accident. This documentation will be used to calculate the total amount of damages.
• Consulting with Experts: Work with medical professionals, financial experts, and your attorney to accurately assess the value of your claim. Experts can provide detailed reports and testimonies to support your calculation of damages.

Submit the Claim

Process of Submitting the Claim:

• Prepare the Claim: Compile all necessary documentation, including medical records, accident reports, witness statements, expert testimonies, and evidence of damages.
• Write a Demand Letter: Draft a demand letter to the at-fault party’s insurance company. This letter should outline the details of the accident, the injuries sustained, and the damages incurred. Clearly state the amount of compensation you are seeking.
• Submit the Claim: Submit the claim and the demand letter to the at-fault party’s insurance company. Ensure that all documentation is organized and complete.
• Follow Up: After submitting the claim, follow up with the insurance company to confirm receipt and to stay updated on the status of your claim. Be prepared to provide additional information or clarification if requested.

Negotiating the Settlement:

• Initial Offers: Insurance companies may respond with an initial settlement offer. This offer is often lower than the amount you are seeking.
• Counter Offers: Be prepared to negotiate. Present additional evidence and make counteroffers to reach a fair settlement. Your attorney can assist in this process to ensure you receive adequate compensation.
• Final Agreement: Once a fair settlement is reached, review the agreement carefully. Ensure that it covers all your damages and that you fully understand the terms before signing.

Drake Law Firm

If you or a loved one have been injured in a pedestrian accident, don’t navigate the legal process alone. Contact Drake Law Firm today for a free consultation to discuss your case and understand your rights. Our experienced attorneys are here to provide the support and guidance you need to secure the compensation you deserve.

Contact Information:

• Phone: 1-844-513-7253
• Los Angeles Office: 19935 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364
• San Francisco Office: 50 California St, 15th Floor, San Francisco, CA 94111
• Stockton Office: 2291 W. March Lane St, Suite A115, Stockton, CA 95207
• Fresno Office: 5588 N. Palm Ave., Fresno, CA 93704
• Website: Drake Law Group

At Drake Law Firm, we are dedicated to achieving the best possible outcome for our clients. We understand the physical, emotional, and financial challenges that follow a pedestrian accident, and we are committed to providing personalized attention and expert legal representation. Let us handle the legal complexities so you can focus on your recovery. Contact us today to learn how we can help you on the path to justice and recovery.