What to Do After Getting Hit by a Car as a Pedestrian

Who is going to pay for my medical bills? What if I was crossing outside the crosswalk? How long do I have to file a claim? These are just a few of the urgent questions that run through your mind after getting hit by a car as a pedestrian. The aftermath of an accident is filled with uncertainty, and finding clear answers can feel impossible. This guide was created to provide those answers. We will break down California’s laws on fault, explain the different types of compensation available, and provide a step-by-step overview of the claims process so you know exactly what to expect.

Key Takeaways

• Your first moves after an accident are critical: Immediately seek a medical evaluation to protect your health and create an official record of your injuries. If you are able, use your phone to photograph the scene, the vehicle, and your injuries, and be sure to get the driver’s information and witness contacts.
• Don’t assume you can’t file a claim if you were partially at fault: California law allows you to recover compensation even if you share some responsibility for the accident. Your final settlement is simply reduced by your percentage of fault, so a minor error doesn’t prevent you from seeking justice.
• Let a professional handle the insurance company: The at-fault driver’s insurance adjuster is not on your side. Politely decline to give a recorded statement and avoid accepting a quick settlement offer. An experienced attorney can manage these communications to protect your rights and fight for the full compensation you deserve.

First Steps After Being Hit by a Car

Being hit by a car is a terrifying and disorienting experience. In the moments that follow, your mind is likely racing, and it can be difficult to know what to do. However, the actions you take immediately after the accident are critical for your health and for protecting your legal rights. While your first priority is always your well-being, trying to stay as calm and clear-headed as possible can make a significant difference. Focusing on a few key steps can help you secure the scene, gather important information, and lay the groundwork for a successful personal injury claim. Think of this as your immediate action plan to help you regain a sense of control during a chaotic time.

Call 911 Immediately

Your first and most important call should be to 911. Even if you think your injuries are minor or you feel fine, the shock and adrenaline from the accident can easily mask serious conditions. Some injuries, like internal bleeding or concussions, may not show symptoms right away. Getting a prompt medical evaluation is essential to diagnose and treat any potential harm.

Calling 911 also brings law enforcement to the scene. The responding officers will create an official police report, which is a crucial piece of evidence. This report will contain details about the accident, statements from those involved, and the officer’s initial assessment of what happened. This documentation is invaluable when you need to prove what occurred.

Move to a Safe Location

If you are able to move, your next priority is to get to a safe place. This means getting out of the street and onto a sidewalk or shoulder to avoid the risk of being hit by another vehicle. If your injuries are severe and you can’t move on your own, stay where you are and wait for paramedics to arrive. Don’t try to push through the pain, as you could make your injuries worse. The driver who hit you is legally required to stop and provide assistance, so they should be helping to secure the area and ensure you are safe from further harm until emergency services get there.

Document the Scene

While you wait for help to arrive, and if you are physically able to do so, start documenting everything you can. Use your phone to take pictures and videos of the accident scene from multiple angles. Capture images of the car that hit you, including its license plate, the damage to the vehicle, your injuries, and any relevant details like traffic signals, crosswalks, or skid marks on the road. Exchange contact and insurance information with the driver. It’s also incredibly helpful to get the names and phone numbers of any witnesses who saw what happened. Their accounts can provide an unbiased perspective and strengthen your case later on.

Avoid Admitting Fault

In the aftermath of an accident, it’s natural to feel flustered and even apologetic. However, you must be very careful about what you say to the driver, witnesses, and even the police. Avoid making statements like, “I’m so sorry,” or “I wasn’t paying attention,” as these can be interpreted as an admission of fault. The other driver’s insurance company will look for any reason to place blame on you to reduce or deny your claim. Stick to the facts of what happened without speculating on who was at fault. Let the evidence and a thorough investigation determine liability. Your focus should be on your health and safety, not on debating the cause of the accident at the scene.

Common Injuries in Pedestrian Accidents

When a vehicle hits a pedestrian, the force of the impact can cause devastating harm. Even a low-speed collision can result in a wide range of injuries, some of which may not be immediately obvious. That’s why seeking a full medical evaluation is one of the most important steps you can take after an accident, even if you think you’re okay. Understanding the types of injuries that can occur helps you know what to look for and why documenting everything with a doctor is so critical for your health and your potential legal claim.

Head and Brain Injuries

Your head is incredibly vulnerable in a pedestrian accident, whether it strikes the vehicle or the pavement. This impact can lead to a traumatic brain injury (TBI), which can disrupt normal brain function. The long-term consequences of a TBI can be severe and life-altering, including chronic headaches, memory loss, mood swings, and difficulty with speech or sleep. Proper diagnosis is key, as treatment often involves extensive therapy and, in some cases, surgery. It’s essential to report any symptoms like dizziness, confusion, or nausea to a doctor right away, as these can be signs of a serious head injury.

Broken Bones and Fractures

Broken bones are one of the most frequent injuries sustained in pedestrian accidents. The force of a car can easily fracture bones in your legs, arms, pelvis, or ribs. These aren’t always simple breaks; a severe impact can cause a compound fracture, where the bone pierces the skin, or a comminuted fracture, where the bone shatters into several pieces. These complex injuries often require surgery to implant plates, screws, or rods to hold the bone together while it heals. The recovery process can be long and painful, often requiring physical therapy to regain full mobility and strength.

Back and Spinal Cord Damage

An impact can jolt your body violently, leading to serious back injuries like herniated discs or fractured vertebrae. These conditions can cause debilitating pain and severely limit your ability to move. The most catastrophic injury is damage to the spinal cord itself. A spinal cord injury can lead to partial or complete paralysis, permanently changing your life. Recovery is often an arduous journey involving long-term medical care and rehabilitation, and unfortunately, some individuals may never fully recover their previous level of function. Getting a thorough medical exam is the only way to know the full extent of the damage.

Internal Injuries

One of the scariest aspects of a pedestrian accident is the risk of internal injuries, which are dangerous because they aren’t visible from the outside. The blunt force trauma can cause internal bleeding, ruptured organs, or punctured lungs. You might feel fine at first, but these conditions can quickly become life-threatening if not treated immediately. This is why it’s absolutely crucial to go to the emergency room after being hit by a car. Medical professionals can perform the necessary scans and tests to check for hidden damage and provide critical, timely care that could save your life.

Soft Tissue Injuries

Soft tissue injuries refer to damage to your muscles, ligaments, and tendons. This includes everything from deep bruises and severe sprains to significant cuts and lacerations. While they might sound less serious than broken bones, these injuries can be extremely painful and take a long time to heal properly. They can restrict your movement and ability to perform daily tasks for weeks or even months. In cases involving deep cuts, there is also a risk of permanent scarring or disfigurement that may require cosmetic surgery to address, adding another layer to your physical and emotional recovery.

What Insurance Can Cover Your Expenses?

After being hit by a car, the last thing you want to worry about is how you’re going to pay for your medical care. The good news is that you have several options for covering your expenses. It can feel confusing to figure out which insurance to use and when, but understanding your choices is the first step toward getting your bills paid so you can focus on your recovery. Depending on the specifics of your accident and your own insurance policies, coverage can come from a few different places. Let’s walk through the most common sources of financial support available to you.

Your Auto Insurance’s Medical Payments (MedPay)

It might seem strange to contact your own car insurance company when you weren’t even driving, but it’s one of the smartest first moves you can make. If you have Medical Payments coverage, often called MedPay, on your auto insurance policy, it can help cover your initial medical bills right away. MedPay is designed to pay for accident-related medical expenses up to your policy limit, regardless of who was at fault for the accident. This can be a huge relief, providing immediate funds for things like ambulance rides, emergency room visits, and co-pays while you wait for a settlement from the at-fault driver’s insurance.

Your Health Insurance Policy

Your personal health insurance is another critical resource. You should absolutely use it to pay for your medical treatment after an accident. Submitting your bills through your health insurance ensures that doctors and hospitals are paid promptly, preventing your accounts from being sent to collections. Don’t worry that you’ll be stuck with the cost if the other driver was at fault. Your health insurer will likely seek reimbursement from the at-fault party’s insurance company later on through a process called subrogation. An experienced personal injury attorney can manage this process for you, making sure everything is handled correctly behind the scenes.

The At-Fault Driver’s Liability Insurance

Ultimately, the person responsible for the accident should be the one to pay for your damages. If the driver who hit you was at fault, their bodily injury liability insurance is the primary source for your compensation. This coverage is meant to pay for all of your accident-related losses, which includes not just your medical bills but also lost wages from time off work, and compensation for your pain and suffering. However, dealing with the other driver’s insurance company can be challenging. Their goal is to pay out as little as possible, which is why having a lawyer advocating for your best interests is so important.

Uninsured and Underinsured Motorist Coverage

What happens if the driver who hit you doesn’t have insurance, or if they fled the scene in a hit-and-run? This is where Uninsured and Underinsured Motorist (UM/UIM) coverage becomes your safety net. This is an optional part of your own auto insurance policy that steps in to cover your expenses when the at-fault driver can’t. If the driver has insurance but their policy limits aren’t high enough to cover all of your damages, your Underinsured Motorist coverage can make up the difference. We strongly recommend checking your policy to see if you have this vital protection.

How Fault Impacts Your Compensation in California

When you’re recovering from a pedestrian accident, the concept of “fault” can feel overwhelming. You might worry that if you did anything wrong, like crossing outside a crosswalk, you won’t be able to get any help for your medical bills. In California, however, the rules around fault are more nuanced than you might think. It’s not an all-or-nothing game. Understanding how fault is determined is a critical step in your recovery journey because it directly influences the compensation you can receive. Let’s break down what you need to know about California’s approach to fault and how it affects your claim.

How California Determines Fault

In many pedestrian accidents, there’s a common assumption that the driver is automatically at fault. This is often true because drivers have a significant duty of care, and pedestrians usually have the right-of-way. However, it’s not a blanket rule. Investigators will look at the specific actions of everyone involved. For example, if a pedestrian was jaywalking, crossing against a traffic signal, or suddenly darted into the street, they might be found partially responsible. The law requires everyone to act with reasonable care, and determining fault involves figuring out who failed to meet that standard and by how much.

Understanding Comparative Negligence

This is where California law is really on your side. Our state uses a legal rule called “pure comparative negligence.” This might sound complicated, but the idea is simple: you can still recover compensation even if you were partially at fault for the accident. Your total compensation award is just reduced by your percentage of fault. For instance, if it’s determined that you were 20% responsible for the accident and your total damages are $100,000, you would receive $80,000. This system ensures that you aren’t left with nothing just because you might have made a small mistake.

The Effect of Fault on Your Settlement

The percentage of fault assigned to you has a direct and significant impact on your final settlement. Insurance companies and lawyers will investigate several factors to make this determination. They’ll look at the police report, witness statements, the point of impact on the vehicle, the speed the car was traveling, and whether everyone was following traffic laws. The severity of your injuries, your total medical expenses, and your lost wages are all calculated to determine the total value of your claim. That final number is then adjusted based on the fault percentage. This is why building a strong case is so important—it’s about proving the other party’s responsibility to minimize any reduction in your compensation.

Evidence That Strengthens Your Case

After being hit by a car, your head is likely spinning. It’s a traumatic experience, and your first priority is your health. But if you are able, taking a few moments to gather evidence can make a significant difference in your ability to get fair compensation later on. Think of it as creating a clear, factual story of what happened. This evidence is the foundation of your personal injury claim, providing the proof needed to show how the accident occurred and the impact it has had on your life.

Insurance companies will look for any reason to question your claim or reduce your settlement. Solid evidence makes it much harder for them to do that. From official reports to photos you take on your phone, each piece helps your attorney build the strongest possible case on your behalf. The more detailed and organized your evidence is, the better your chances are of securing the resources you need to recover. Key pieces of evidence include your medical records, the official police report, photos of the scene, and the driver’s information.

Your Medical Records

Your medical records are one of the most critical pieces of evidence in a personal injury case. They create an official timeline that directly links the accident to the injuries you sustained. It’s essential to see a doctor as soon as possible after the accident, even if you think your injuries are minor. Some serious conditions, like internal bleeding or concussions, don’t always show immediate symptoms. When you speak with medical staff, be sure to document your injuries in detail. Mention every single ache, pain, or scrape. This documentation becomes the undisputed proof of your physical suffering and the basis for calculating your medical expenses.

The Police Report and Witness Accounts

An official police report is a powerful, impartial document that provides a summary of the accident. When you call 911, an officer will respond to the scene, interview those involved, and create a report that can include their initial assessment of who was at fault. This report is often the first piece of evidence an insurance company will ask for. Additionally, statements from witnesses can be incredibly valuable. An unbiased third party who saw what happened can confirm your version of events and counter any attempts by the driver to change their story. If you can, get the names and phone numbers of anyone who saw the accident.

Photos and Videos of the Scene

They say a picture is worth a thousand words, and that’s especially true for accident scenes. Use your smartphone to take as many photos and videos as you can from different angles. Capture images of the vehicle, its license plate, any property damage, skid marks on the road, traffic signals, and the surrounding area. It’s also important to take photos of your injuries right after the accident and in the following days as they develop. This visual evidence helps to support your claim by creating a clear and compelling picture of the event and its consequences that words alone can’t always convey.

The Driver’s Insurance and Contact Information

Getting the driver’s information is a non-negotiable step. You need to collect their full name, address, phone number, driver’s license number, and insurance policy information. Be sure to also get the car’s make, model, and license plate number. California law requires drivers to exchange this information after any accident, no matter how minor it may seem. Don’t rely on a verbal promise that they’ll cover the damages. Having their official details is the only way to ensure you can file a claim with their insurance provider and hold them accountable for the accident. This information is the starting point for any legal action you may need to take.

Legal Steps to Take After the Accident

After the initial shock of an accident wears off, the steps you take can significantly impact your ability to recover fair compensation. Navigating the legal aftermath can feel overwhelming, but being proactive is key to protecting your rights. By methodically gathering information and seeking professional guidance, you can build a strong foundation for your personal injury claim. These actions ensure that crucial evidence is preserved and that you have the support you need to deal with insurance companies and the at-fault party.

Contact a Personal Injury Attorney

One of the most important steps you can take is to contact a personal injury attorney. Trying to handle a claim on your own, especially while recovering from injuries, can be incredibly stressful. An experienced lawyer acts as your advocate, managing all communication with insurance adjusters and ensuring you don’t accept a settlement that is less than you deserve. They understand the tactics insurers use to minimize payouts and will fight to secure fair compensation for your medical bills, lost wages, and pain and suffering. Most personal injury firms work on a contingency fee basis, meaning you don’t pay unless they win your case, so there’s no financial risk in getting expert help on your side.

File an Official Police Report

If the police were called to the scene, they will create an official report of the incident. This document is a critical piece of evidence. It contains objective details about the accident, including the date, time, location, weather conditions, witness information, and often a preliminary determination of who was at fault. If for some reason a report wasn’t made at the scene, you should go to the local police department as soon as possible to file one. Having this official record provides a credible, third-party account of what happened, which can be invaluable when dealing with insurance companies and proving the facts of your case.

Preserve All Evidence

Your attorney will handle the formal evidence-gathering process, but the information you collect right after the accident is vital. Start a dedicated file and keep everything related to the incident in one place. This includes the police report number, the driver’s contact and insurance information, and the names and phone numbers of any witnesses. Be sure to also save all medical records, bills, and receipts for any out-of-pocket expenses. It’s also wise to keep proof of any income you’ve lost from missing work. Preserving physical evidence like torn clothing or damaged personal items from the accident can also help strengthen your claim.

Document Your Medical Treatment

Thoroughly documenting your injuries is essential for proving their extent and impact on your life. From the very first medical evaluation, be completely honest with your doctors about every symptom you are experiencing, no matter how minor it seems. Follow your prescribed treatment plan, attend all follow-up appointments, and keep detailed records of every visit, medication, and therapy session. In addition to official medical records, consider keeping a personal journal. You can use it to track your daily pain levels, emotional state, and any challenges you face with everyday activities. This personal account can provide powerful proof of the pain and suffering you’ve endured.

What Kind of Compensation Can You Receive?

If you’ve been injured in a pedestrian accident, you may be entitled to compensation, legally referred to as “damages.” The goal of a personal injury claim is to recover funds that cover the costs associated with your injuries and help you piece your life back together. The amount of compensation you can receive depends on many factors, including how serious your injuries are and the overall impact they have on your life and your family.

Securing fair compensation can be a challenge. At-fault drivers might deny responsibility, and their insurance companies often work to pay out as little as possible. This is why it’s so important to understand what you’re owed. An experienced personal injury attorney can help you calculate the full extent of your damages—including costs you haven’t even thought of yet—and fight for the settlement you deserve. These damages are typically broken down into a few key categories, covering everything from medical bills to the emotional toll of the accident.

Current and Future Medical Expenses

This is often the most straightforward category of compensation. It covers all medical costs related to the accident, starting from the moment it happens. This includes the ambulance ride, emergency room visit, hospital stays, surgeries, diagnostic tests, and prescription medications. More importantly, it also covers the estimated cost of future medical care you may need. This could include physical therapy, rehabilitation, follow-up appointments, or even long-term nursing care for catastrophic injuries. It’s crucial to account for these future expenses, as settling a claim without them could leave you paying out-of-pocket down the road.

Lost Income and Earning Capacity

An accident doesn’t just cause physical harm; it can also deliver a major financial blow. You can seek compensation for any wages you lost while taking time off work to recover. But what if your injuries are so severe that you can’t return to your old job, or you can’t work at all? In that case, you may be able to recover damages for “loss of earning capacity.” This compensates you for the income you would have earned in the future if the accident hadn’t happened. Proving this often requires expert testimony from financial and vocational specialists who can project your potential future earnings.

Pain and Suffering

Some of the most significant impacts of a pedestrian accident aren’t financial. “Pain and suffering” is a legal term for the physical pain and emotional distress you experience because of your injuries. This includes the physical discomfort from the injuries themselves, as well as the mental anguish that often follows a traumatic event, such as anxiety, depression, fear, and insomnia. It also covers the loss of enjoyment of life—for example, if your injuries prevent you from participating in hobbies or activities you once loved. While it’s difficult to assign a dollar value to this kind of suffering, it is a critical component of your personal injury claim.

Wrongful Death Damages

In the most tragic cases, a pedestrian accident can be fatal. When this happens, the victim’s surviving family members may be able to file a wrongful death claim to seek justice and financial stability. This type of claim allows close relatives, like a spouse, children, or parents, to seek compensation for their own losses resulting from their loved one’s death. Damages in a wrongful death case can cover funeral and burial expenses, the loss of the deceased’s financial support, and the loss of their love, companionship, and guidance. It’s a way to hold the responsible party accountable and provide for the family left behind.

Insurance Company Tactics to Avoid

After an accident, dealing with the at-fault driver’s insurance company can be tricky. While an adjuster might seem friendly and helpful, their job is to resolve your claim for the lowest possible cost to their company. They are trained negotiators who handle cases like yours every day. Knowing their common tactics can help you protect your rights and ensure you don’t settle for less than you deserve. Being prepared for these strategies is your first line of defense in securing fair compensation for your injuries, lost wages, and other damages.

Lowball Settlement Offers

It’s common for an insurance adjuster to contact you soon after the accident with a quick settlement offer. This might seem like a relief, especially when medical bills are piling up. However, this initial offer is almost always a “lowball” amount that doesn’t cover the full extent of your damages. Insurance companies know you’re in a vulnerable position and hope you’ll accept the fast cash without realizing your claim is worth much more. They are focused on saving money, not on your long-term recovery. Never accept an offer without first understanding the true value of your claim, including future medical care and lost income.

Asking for a Recorded Statement

An adjuster will likely ask you to provide a recorded statement describing the accident. You should always politely decline this request. While it may seem like a standard procedure, these statements are a tool used to find inconsistencies in your story or get you to say something that could hurt your claim. Adjusters are skilled at asking leading questions designed to get you to admit partial fault or downplay your injuries. Remember, anything you say can be used against you. It’s best to let your attorney handle all communications with the insurance company.

Downplaying Your Injuries

Another strategy is to minimize the severity of your injuries. The adjuster might suggest that your injuries aren’t as serious as you claim or that they were caused by a pre-existing condition. This is why seeking immediate medical attention and consistently following your doctor’s treatment plan is so important. Your medical records create a clear and official timeline of your injuries and recovery process. An experienced lawyer can use this documentation to build a strong case that proves the full impact the accident has had on your health and well-being, helping you fight for fair compensation.

Shifting Blame to You

In California, if you are found partially at fault for an accident, your compensation can be reduced. Insurance companies know this and will often try to shift as much blame as possible onto you, the pedestrian. They might claim you were distracted by your phone, jaywalking, or not using a designated crosswalk. Even if you think you might have been partially at fault, you should never admit it to an insurance adjuster. The circumstances of an accident are often complex, and determining legal fault requires a careful investigation. An attorney can help protect you from unfair accusations and ensure liability is assigned correctly.

How Long Do You Have to File a Claim?

After an accident, the last thing you want to think about is legal deadlines. Your focus should be on your recovery. However, it’s crucial to know that you have a limited window of time to take legal action. This deadline is called the statute of limitations, and it’s a strict rule. If you miss it, you could lose your right to seek compensation for your injuries, no matter how strong your case is.

Understanding this timeline is one of the most important steps in protecting your rights. While it might seem like you have plenty of time, the legal process can be complex, and building a solid case requires gathering evidence and information right away.

California’s Statute of Limitations

In California, the statute of limitations for most personal injury claims, including pedestrian accidents, is two years from the date of the accident. This means you have two years to either settle your claim with the insurance company or file a lawsuit in court. While this is the general rule, there are some exceptions. For instance, if your claim is against a government entity (like a city bus), you have a much shorter deadline—often just six months—to file a special notice. Because these rules can be tricky, it’s important to understand exactly which legal deadlines apply to your specific situation.

Why You Shouldn’t Wait to Take Action

Even with a two-year window, waiting to act is a mistake. The best time to start your claim is as soon as possible after the accident. Over time, critical evidence starts to disappear. Security camera footage gets erased, witnesses move or their memories fade, and the physical scene of the accident changes. By starting early, you give your legal team the best opportunity to gather fresh evidence and build the strongest possible case for you. The sooner you begin, the more time you have to properly document your injuries, track your expenses, and negotiate effectively with insurance companies without the pressure of a looming deadline.

Common Mistakes That Can Weaken Your Claim

After an accident, you’re dealing with physical pain, emotional shock, and a lot of uncertainty. It’s completely understandable that the legal side of things isn’t your first thought. However, some common missteps in the hours and days after being hit by a car can significantly impact your ability to get fair compensation. Insurance companies often look for any reason to reduce or deny a claim. Knowing what to avoid can protect your rights and strengthen your case from the very beginning. Let’s walk through a few key mistakes people often make so you can be prepared.

Waiting to See a Doctor

This seems like the most obvious first step, but you’d be surprised how many people delay getting medical care. After an accident, adrenaline can mask the symptoms of serious injuries. You might feel shaken but “okay,” only to wake up in severe pain the next day. Seeking immediate medical attention is critical for your health and your legal claim. A doctor’s evaluation creates an official record of your injuries, directly linking them to the accident. If you wait days or weeks, an insurance company could argue that your injuries weren’t caused by the collision or aren’t as severe as you claim. Don’t give them that opening—get checked out right away.

Not Saving Important Evidence

Your personal injury claim is built on evidence. The more you can preserve, the stronger your position will be. Start a dedicated file and keep everything related to the accident. This includes the police report, the driver’s contact and insurance information, and the names and phone numbers of any witnesses. Also, save all your medical records, bills, and receipts for out-of-pocket expenses. If you missed work, get documentation of your lost wages from your employer. It might even be helpful to save the clothes and shoes you were wearing. It all tells a story and helps prove the extent of your damages.

Speaking to Insurance Adjusters Alone

Soon after the accident, you will likely get a call from the at-fault driver’s insurance adjuster. They may sound friendly and concerned, but their job is to protect their company’s bottom line by minimizing your payout. They will probably ask you to provide a recorded statement. You are not required to do this, and it’s best to politely decline. Adjusters are trained to ask questions that can be twisted to make it seem like you were at fault or that your injuries aren’t serious. Anything you say can be used against you. It’s always best to let your personal injury attorney handle all communications with the insurance company.

Assuming You Can’t File if Partially at Fault

Many people believe that if they were even slightly at fault for the accident—maybe they were crossing outside of a crosswalk—they can’t file a claim. This is not true in California. Our state follows a “pure comparative negligence” rule. This means you can still recover compensation even if you were partially to blame for the accident. The court will determine your percentage of fault, and your final settlement will be reduced by that amount. For example, if you were found to be 20% at fault, you could still collect 80% of the total damages. Don’t assume you don’t have a case; let a legal professional evaluate the details.

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• How to Settle a Car Accident Claim (Without a Lawyer)
• What an 18 Wheeler Accident Lawyer Does For You

Frequently Asked Questions

What if I feel fine after the accident? Do I still need to see a doctor? Yes, you absolutely should. The shock and adrenaline from being hit by a car can hide serious injuries like concussions or internal bleeding that don’t show symptoms right away. Getting a medical evaluation creates an official record that connects your injuries directly to the accident. If you wait, an insurance company might later argue that your injuries aren’t that serious or were caused by something else. Prioritizing a doctor’s visit is the best thing you can do for both your health and your potential claim.

The driver’s insurance company offered me a settlement right away. Should I take it? You should be very cautious about accepting an early settlement offer. Insurance companies often present a quick, low offer hoping you’ll take it before you understand the full extent of your injuries and expenses. You may not yet know the cost of future medical treatments or how much work you’ll miss. Accepting that first offer means you give up your right to seek any further compensation. It’s always best to understand the true value of your claim before making any decisions.

What if the driver who hit me fled the scene or doesn’t have insurance? This is a scary situation, but you still have options. This is precisely why Uninsured and Underinsured Motorist (UM/UIM) coverage exists. This is a part of your own auto insurance policy that can cover your medical bills and other losses when the at-fault driver is uninsured or can’t be found. If you have this coverage, you can file a claim with your own insurance company to get the support you need.

I was crossing outside of a crosswalk. Does that mean I can’t file a claim? Not at all. California law recognizes that fault isn’t always a simple, all-or-nothing issue. The state uses a “pure comparative negligence” rule, which means you can still recover compensation even if you were partially responsible for the accident. Your final compensation amount would simply be reduced by your percentage of fault. Don’t assume you don’t have a case just because you may have made a mistake.

Do I really need to hire a lawyer for this? While you aren’t required to hire a lawyer, it is highly recommended. An experienced personal injury attorney understands how to value your claim, gather the necessary evidence, and handle all communications with the insurance companies. Adjusters are trained to minimize payouts, and having a professional advocate on your side levels the playing field and ensures you are not taken advantage of during a vulnerable time.