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California sees some of the densest traffic in the entire U.S. Whether you are walking down the sidewalk on your way to your favorite cafe or taking a stroll in a residential area, becoming the victim of a pedestrian accident can be jarring. Can a pedestrian sue if hit by a car in California? What are your legal options?
Depending on the details of the accident, you may be able to seek compensation through an insurance claim or lawsuit.
Determining the Liable Party in Your Pedestrian Accident
Can a pedestrian sue if hit by a car in California? Before you can determine the answer, you must pinpoint the liable party or parties in your case.
Meanwhile, you may be able to pin the majority of liability on the driver if they committed a traffic violation, causing your injuries.
Insurance Claim vs. Personal Injury Lawsuit: Which Is Better for Pedestrian Accidents?
When exploring the answer to “Can a pedestrian sue if hit by a car in California?” you should understand that a lawsuit is not always necessary to seek compensation. You may be able to gain adequate funds through an insurance claim instead.
If the at-fault party had liability insurance, as California drivers are legally required to do, you can file a claim with their insurer for your medical bills and related expenses. The state minimum liability insurance is $30,000 for bodily injury per person, $60,000 per accident, and $15,000 for property damage per accident.
If your expenses exceed these figures, you may not be able to secure adequate compensation through an insurance claim. A lawsuit may be necessary if you want to pursue additional funds beyond the insurance settlement. You may need to sue the insurance company to provide a more reasonable payout or pursue legal action against the at-fault driver.
Regardless of the situation, victims of pedestrian accidents should contact an attorney even if the vehicle that hit them is unknown. Their own uninsured motorist insurance policy may provide coverage for their injuries.
What Damages Can You Seek in a Pedestrian Injury Lawsuit?
An experienced personal injury attorney can advise you on whether you may have grounds for a lawsuit following a pedestrian accident. If so, you can pursue both economic and non-economic damages.
Economic damages account for the actual monetary expenses you incurred from the accident. These may include:
- Medical costs
- Lost wages
- Loss of future earning capacity
- Property damage
Non-economic damages help make up for the physical and emotional toll the accident has taken on you. Examples include:
- Pain and suffering
- Loss of quality of life
- Emotional distress
If your attorney believes you have grounds for a lawsuit, you may be able to secure significant compensation.
Let Us Help You Explore Your Opportunity To Sue When Hit By a Car in California
Can a pedestrian sue if hit by a car in California? You may have the right to sue if you can prove the driver’s negligence. Alternatively, a negligence claim through the driver’s insurance company may provide a sufficient payout, especially if your injuries were minor.
At The Law Office of Elliott Kanter, we help accident victims protect their legal rights to compensation. Call us today at 619-231-1883 or fill out our online form to schedule a free case evaluation.
