Pedestrian Hit by Car: Legal Options

Victim of a pedestrian accident? Read this article to learn your legal options if you are a pedestrian hit by a car how to file an injury claim

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What Happens When You Get Hit by a Car?

Being hit by a car while walking or jogging in Los Angeles is both terrifying and overwhelming. You may be suffering from extreme discomfort as a result of your injury, as well as many concerns about your legal rights. Maintain your composure and remember that as an injured pedestrian in California, you have legal options. During a free consultation, a Los Angeles pedestrian accident attorney will thoroughly review your rights.
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Who Is Accountable?

California has historically ranked first in the country in terms of pedestrian-vehicle accidents each year. The California Office of Traffic Safety reports that 893 pedestrians were killed in traffic accidents in 2018. Additionally, 6,363 pedestrians were injured or killed in 2018 in Los Angeles County alone.
It is important for pedestrians who have been injured in California to consider the state’s liability rules, as they also entitle victims to financial compensation. California’s tort-based insurance legislation is the primary liability statute that governs pedestrian accident injuries. According to this rule, the person or party who committed the tort that resulted in the accident is financially liable for the damages through his or her insurer.
If a driver causes a collision as a result of negligence, such as impaired driving, the driver’s insurance company will be responsible for the losses. In the other hand, in a no-fault system, you would seek restitution from your own company regardless of whether you were at fault.
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Comparative Negligence - What Is It?

Comparative negligence is a protection that you can face while pursuing liability for a pedestrian accident in California. A driver can assert comparative negligence against you if he or she claims you contributed to the accident, for example, by violating a traffic law at the time of the collision.
If the driver is able to establish your comparative negligence, your financial reward will be reduced. In California, the courts will exclude from your compensation a sum equal to your proportion of blame. However, since California follows a strict comparative negligence standard, you might be liable for partial compensation regardless of the level of liability in the accident.

How to Make an Insurance Claim For a Pedestrian Accident

If you suspect that a driver or another person is responsible for a pedestrian accident, you or your lawyers will file a lawsuit with the responsible party’s insurance provider. Begin the insurance claims procedure by reporting the accident to the at-fault party’s insurance provider. Then, your lawyer will assist you in drafting and submitting a letter of insurance claim.
The demand letter should outline the pedestrian accident, justify why you think the defendant is liable for damages, and detail the economic and noneconomic damages sought. The letter should be concise and direct. It may state that you have retained counsel and are authorized to sue the insurance company if appropriate.

Negotiation Techniques and Insurance Claims Adjusters

After receiving a claim, the insurance provider will conduct an investigation into the pedestrian accident by referring a case to an insurance claims adjuster. The adjuster will begin the investigation by calling you to gather more details about the accident.
Take caution what you say to the adjuster, as he or she may attempt to devalue your argument by false and misleading tactics. Refuse to take responsibility for the accident and refuse to make a written complaint to the adjuster. Do not sign something the insurance agent sends you. Consult an attorney before accepting an initial settlement deal. The offer will be insufficient to compensate you for your damages and expenses.

When Is It Time to Hire a Local Pedestrian Accident Attorney?

If you have suffered a major injury in a pedestrian accident in Los Angeles, an attorney will assist you in determining your legal options. A attorney will assist you with navigating California’s pedestrian accident laws and negotiating with an insurance provider on your behalf in order to obtain the full cash coverage available. If a settlement cannot be reached, your attorney will represent you at trial.

Fair Cases Law Group, Personal Injury Lawyers
5411 S. Broadway Ave, Suite 200,
Los Angeles CA 90037

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Our Los Angeles lawyers have a proven track record of success in helping accident victims get maximum compensation. We have a dedicated team waiting to get you the compensation you deserve.

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