Lawyer for Pedestrian Hit by Car: Your First Steps

Let’s be direct: the insurance company for the driver who hit you is not on your side. Their goal is to protect their profits by paying out as little as possible. They have teams of adjusters and lawyers trained to minimize your claim, often by offering a quick, lowball settlement before you even know the full extent of your injuries. Trying to handle this on your own puts you at a significant disadvantage. You need someone in your corner who understands their tactics and isn’t afraid to fight back. Hiring an experienced lawyer for pedestrian hit by car levels the playing field, ensuring your voice is heard and your rights are protected from day one.

Key Takeaways

• Prioritize your health and the evidence: Always seek immediate medical care to officially document your injuries, and if you are able, gather photos and witness information at the scene. These first steps are crucial for both your physical recovery and your future claim.
• A specialized lawyer levels the playing field: Insurance companies are not on your side. An attorney who focuses on pedestrian accidents will handle all communications, build a strong case, and work on a contingency fee, meaning you pay nothing unless they win for you.
• Act with purpose and urgency: Choosing the right attorney is a key decision, so look for a proven track record and clear communication. It’s also vital to act quickly to meet California’s strict two-year filing deadline and preserve critical evidence.

First Steps to Take After a Pedestrian Accident

The moments after being hit by a car are chaotic and frightening. It’s hard to think clearly, but the actions you take right away can have a huge impact on your health and your ability to get fair compensation. Your first priority is always your well-being. Once you’re in a safe place, following a few key steps can protect your rights and lay the groundwork for a successful personal injury claim. Think of this as your immediate checklist to help you regain some control in a difficult situation.

Prioritize Your Safety and Call for Help

First, assess your injuries. If you are in severe pain or suspect a head, neck, or back injury, try not to move and wait for help to arrive. Call 911 immediately to report the accident and request medical assistance. Getting police to the scene is essential. They will create an official accident report, which serves as a crucial piece of evidence detailing the facts of the incident. This report is often the first document insurance companies and your lawyer will review.

Document Everything You Can

If you are physically able to, start gathering information. Use your phone to take pictures of everything—the accident scene, the vehicle that hit you (including the license plate), your injuries, and any relevant traffic signals or road conditions. Exchange contact and insurance information with the driver, but don’t get into a discussion about who was at fault. If there were any witnesses, ask for their names and phone numbers. Their perspective can be invaluable for building your case later on.

Get Medical Care Right Away

Even if you feel you can walk away from the accident, you need to see a doctor as soon as possible. The adrenaline from the shock can mask serious injuries, like internal bleeding or concussions, that may not show symptoms for hours or even days. Seeking immediate medical attention not only protects your health but also creates a direct link between the accident and your injuries. This medical record is vital for proving the extent of your damages when you file a claim for compensation.

Contact a Pedestrian Accident Lawyer

Before you speak with any insurance adjusters, it’s important to understand your legal options. Insurance companies are focused on protecting their bottom line, not on giving you a fair settlement. A personal injury lawyer can handle all communications with them on your behalf, protecting you from saying something that could weaken your claim. Contacting a lawyer early in the process allows us to start investigating right away and ensures you don’t miss any critical deadlines for taking legal action.

Why a Specialized Lawyer Makes a Difference

After being hit by a car, you’re likely dealing with physical pain, emotional stress, and a growing pile of medical bills. The thought of taking on a legal battle can feel completely overwhelming. This is where a lawyer who specializes in pedestrian accidents can change everything. They do more than just file paperwork; they become your advocate, handling the complexities of the legal system so you can focus on your recovery.

When you search for a pedestrian accident lawyer, you need someone with a deep understanding of these specific cases and a history of successful outcomes. A general practice attorney might handle a wide variety of cases, from divorces to contract disputes, but a specialist lives and breathes personal injury law. They are intimately familiar with the specific traffic laws that protect pedestrians, the tactics insurance companies use to devalue claims, and the type of evidence needed to build the strongest case for you. A specialist has seen cases like yours before. They know the arguments insurance companies will make and, more importantly, how to counter them effectively. They handle the fight for you, ensuring your rights are protected every step of the way while you concentrate on getting better.

Know Your Rights as a Pedestrian in California

In California, drivers have a legal duty to exercise reasonable care to avoid injuring pedestrians. However, the law also outlines responsibilities for pedestrians. Insurance companies often try to use this to shift blame onto the victim, arguing that you were partially at fault. An experienced lawyer understands the nuances of California’s comparative negligence laws and can build a case that clearly establishes the driver’s liability. It’s also important to remember that injuries from an accident can be delayed. You might feel fine at first, only to develop serious problems later. A specialized attorney knows to account for both current and future medical needs when fighting for your compensation.

Dealing with Complicated Insurance Claims

Let’s be direct: insurance companies are businesses, and their goal is to protect their bottom line. They often care more about their profits than paying injured people what they rightfully deserve. If you try to handle the claim on your own, an adjuster may offer a quick, lowball settlement that doesn’t come close to covering your long-term costs. A skilled pedestrian accident lawyer levels the playing field. We handle all communication with the insurance company, preventing them from using your own words against you. We know how to accurately value your claim and will aggressively negotiate to secure the full and fair compensation you need to move forward.

Why You Need to Act Fast

After an accident, time is not on your side. In California, you generally have only two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations, and if you miss this deadline, you could lose your right to seek compensation forever. Acting quickly is also crucial for preserving evidence. Key details like witness memories, traffic camera footage, and physical evidence from the scene can disappear over time. Contacting a lawyer right away allows them to start a thorough investigation immediately, gathering the proof needed to build a powerful case on your behalf while the evidence is still fresh.

How to Choose the Right Pedestrian Accident Lawyer

After an accident, the thought of finding a lawyer can feel like another mountain to climb. But the right legal partner can make all the difference, taking the weight off your shoulders so you can focus on healing. You’re not just looking for any attorney; you’re looking for an advocate who understands exactly what you’re going through and has the skills to fight for you. Think of this as building your support team. You want someone with the right experience, a history of success, and a communication style that puts you at ease. Taking a little time to find the right fit now will save you a lot of stress down the road and give your case the best possible chance of success.

Look for Specific Experience

Not all personal injury lawyers are the same. While many attorneys handle general injury cases, you’ll want to find someone who specializes in pedestrian accidents. This area of law has its own set of rules, from specific traffic laws to common defense tactics used by insurance companies. A lawyer with deep experience in this niche will be familiar with the unique challenges these cases present. They’ll know what evidence to look for, how to reconstruct the accident, and how to build a compelling case that proves the driver’s fault. Choosing a specialist means you’re getting an attorney who already knows the playbook, instead of one who is learning it on your time.

Check Their Track Record

Experience is important, but results are what truly matter. Before you commit, take a look at the law firm’s history with cases like yours. A firm with a proven track record in pedestrian accident claims demonstrates that they know how to win. Look for client testimonials, case results, and online reviews to get a sense of their success rate and how they treat their clients. Don’t be afraid to ask about their experience with similar injuries or accident scenarios during your initial consultation. A confident and successful attorney will be transparent about their past outcomes and how their experience can directly benefit your case.

Find a Compassionate, Clear Communicator

This might be one of the most difficult times in your life, and the last thing you need is a lawyer who is cold, confusing, or hard to reach. You deserve an advocate who shows genuine compassion for your situation. The right lawyer will listen to your story, answer your questions in plain English (not legal jargon), and keep you informed every step of the way. This process is a partnership, and you need to feel comfortable and confident in the person representing you. A strong, trusting relationship with your attorney ensures you feel heard and supported from your first meeting to your final settlement.

Make Sure They’re Accessible and Ready for Trial

When you have a question or concern, you should be able to get a timely response. Choose an attorney who is accessible and makes you feel like a priority. During your initial consultation, ask how they handle client communication and who your main point of contact will be. Beyond that, you need a lawyer who isn’t afraid to go to court. While most pedestrian accident cases settle, an insurance company is more likely to offer a fair settlement if they know your lawyer is a skilled trial attorney who is fully prepared to take your case before a judge and jury if their initial offers are too low.

What a Lawyer Does for Your Case

When you’re recovering from an accident, the last thing you want to deal with is a mountain of paperwork and aggressive insurance adjusters. Hiring a personal injury lawyer means you don’t have to. Think of your lawyer as the dedicated manager of your case, handling all the complex legal and administrative tasks so you can focus on what truly matters: your health and your family. From the moment you decide to work with a firm, your legal team steps in to protect your rights and build the strongest possible case on your behalf.

A good lawyer does more than just offer advice; they take decisive action. They become your advocate, your investigator, and your negotiator, all in one. They will launch a thorough investigation into the accident, gathering the evidence needed to prove what happened and who is at fault. They will also take over all communication with insurance companies, shielding you from pressure tactics designed to make you settle for less than you deserve. Your attorney manages every deadline, document, and detail, guiding your case from the initial claim all the way to a final settlement or, if necessary, a trial. This comprehensive support is designed to lift the burden from your shoulders and put you in the best position to receive fair compensation.

Manages Your Case from Start to Finish

From your first free consultation, your lawyer’s goal is to manage every aspect of your legal claim. They begin by helping you understand your rights and outlining the steps involved in the personal injury process. You won’t have to wonder what’s next or worry about missing a critical deadline. Your legal team will handle filing the initial claim, gathering all necessary documentation, and building a clear strategy for your case. They are responsible for moving your case forward, from the early stages of investigation to negotiating a fair settlement with the insurance company. This end-to-end management ensures nothing falls through the cracks.

Handles All Insurance Communication

Dealing with insurance companies can be incredibly stressful. Adjusters are trained to protect their company’s bottom line, which often means minimizing your claim or getting you to say something that hurts your case. When you hire a lawyer, all of that stops. Your attorney will handle all communications with the insurance companies on your behalf. They know the tactics adjusters use and how to counter them effectively. This not only protects you from saying the wrong thing but also sends a clear message that you are serious about receiving the full compensation you are owed.

Investigates the Accident and Gathers Evidence

A strong personal injury claim is built on solid evidence. Your lawyer acts as your personal investigator, going far beyond the initial police report to uncover the facts. They will gather crucial evidence, which may include tracking down and interviewing witnesses, obtaining traffic camera or surveillance footage, and collecting all your medical records to document the extent of your injuries. In some cases, they may even hire accident reconstruction experts to prove exactly how the collision occurred. This detailed investigation is essential for building a compelling case that clearly establishes the other party’s fault.

Helps with Medical Bills and Paperwork

After an accident, the paperwork can feel endless. Between medical bills, insurance forms, and legal documents, it’s easy to feel overwhelmed. Your lawyer and their team take this burden off your shoulders. They will help organize and manage your medical bills and ensure all necessary paperwork is filed correctly and on time. This administrative support is crucial, as mistakes or missed deadlines can jeopardize your case. By handling the paperwork, your attorney allows you to focus completely on your medical treatment and recovery, confident that the administrative details are in expert hands.

How Much Does a Pedestrian Accident Lawyer Cost?

After an accident, the last thing you should worry about is how to afford a lawyer. The good news is that you don’t need money upfront to get expert legal help. Most personal injury lawyers, including our team at James McKiernan Lawyers, use a payment structure designed to protect you financially. This approach allows you to focus on your recovery while we handle the legal fight. It’s built on a simple promise: we only get paid if you do.

How Contingency Fees Work (You Don’t Pay Unless We Win)

The most common arrangement for pedestrian accident cases is the contingency fee. In simple terms, this means your lawyer’s payment is contingent on winning your case. You don’t pay any attorney fees unless we recover money for you through a settlement or a court verdict. If we win, our fee is a pre-agreed-upon percentage of the total amount recovered. This structure ensures our goals are perfectly aligned with yours: to get you the maximum compensation possible. It removes the financial risk from your shoulders, allowing you to pursue justice without worrying about hourly bills. This is a standard practice that makes legal help accessible to everyone.

What “No Upfront Costs” Really Means

When you hear a lawyer say there are “no upfront costs,” it means exactly that. You won’t have to pay a retainer or any fees out of your own pocket to get your case started. We believe everyone deserves a strong legal advocate, regardless of their financial situation. By working on a contingency basis, we cover the initial costs of building your case. This allows you to access top-tier legal representation right away, leveling the playing field when you’re up against large insurance companies and their legal teams. Your focus should be on healing, not on how you’ll pay for legal support.

Are There Other Case Expenses?

It’s important to understand the difference between attorney fees and case expenses. While our fee is contingent on winning, every legal case involves costs for things like filing court documents, hiring expert witnesses, obtaining medical records, and paying for deposition transcripts. Our firm typically advances these costs on your behalf throughout the case. If we secure a settlement for you, these expenses are reimbursed from the total recovery amount. We are always transparent about these potential costs from the very beginning. During your free consultation, we will walk you through our fee agreement so you know exactly what to expect, with no surprises.

What to Expect When You File a Claim

The legal process can feel overwhelming, especially when you’re trying to recover from an injury. Knowing what’s ahead can make the entire experience feel much more manageable. When you work with a dedicated pedestrian accident lawyer, they guide you through a clear, structured process designed to get you the best possible outcome. Here’s a step-by-step look at what happens after you decide to file a claim, from the first conversation to the final resolution.

Step 1: Your Free Case Evaluation

Your journey starts with a simple conversation. We offer a free case evaluation so you can share your story and get professional legal advice without any pressure or upfront cost. This is your chance to ask questions and understand your options. Most personal injury lawyers work on a contingency fee basis, which means we only get paid if we win your case. This arrangement allows you to seek justice without worrying about legal fees. Our initial meeting is all about making sure you feel heard, understood, and confident about the path forward.

Step 2: Building a Strong Case

Once you decide to hire us, our team gets to work immediately. We will conduct a thorough investigation into your accident, gathering police reports, witness statements, medical records, and any other evidence needed to build a strong case. We handle all the details so you can focus completely on your health and recovery. Having a lawyer who specializes in pedestrian accidents is crucial at this stage, as they know exactly what to look for to establish fault and prove the full extent of your damages, ensuring nothing is overlooked.

Step 3: Filing the Claim and Negotiating

After we’ve built a solid foundation for your case, we will formally file the claim on your behalf. From this point on, we handle all communication with insurance companies and the at-fault party’s legal team. Insurance adjusters are trained to minimize payouts, but we know their tactics and won’t let them undervalue your claim. As experienced personal injury attorneys in California, we will negotiate aggressively to secure a fair settlement that covers all of your losses, from medical bills and lost wages to your pain and suffering.

Step 4: Deciding to Settle or Go to Trial

The vast majority of pedestrian accident cases are resolved through a settlement without ever going to court. We will present every settlement offer to you and provide our professional recommendation, but the final decision is always yours to make. If the insurance company refuses to offer a fair amount, we are fully prepared to take your case to trial. It’s important to know that the typical contingency fee percentage can sometimes change if a case goes to trial due to the increased work involved, and we will discuss all of this with you transparently from the start.

What Kind of Compensation Can You Recover?

After being hit by a car, it’s natural to worry about the mounting costs. A personal injury claim is designed to help you recover financially so you can focus on healing. The goal is to secure compensation, also known as damages, that covers the full extent of your losses—from the tangible bills piling up on your counter to the less visible emotional toll the accident has taken.

Compensation is generally broken down into two main categories. The first is economic damages, which are the measurable financial losses you’ve suffered. This includes things like medical bills and lost paychecks. The second is non-economic damages, which compensate you for the personal, non-financial ways the injury has affected your life, such as pain and emotional distress. A skilled attorney will work to build a case that accounts for every loss, ensuring you have the resources you need for a stable recovery.

Covering Medical Bills and Future Care

One of the most immediate financial burdens after a pedestrian accident is medical expenses. Compensation is meant to cover all of your past and future medical bills related to the injury. This isn’t just limited to the initial emergency room visit or hospital stay. It includes everything from follow-up doctor appointments and physical therapy to prescription medications and necessary medical equipment. Because some injuries require long-term treatment, we also fight to secure funds for any future medical care you may need, ensuring you won’t be left paying out-of-pocket years down the road.

Recovering Lost Wages and Income

Being unable to work because of your injuries can put a major strain on your finances. You can recover compensation for the income you’ve already lost while taking time off to heal. This is known as lost wages. But what if your injuries are severe enough to impact your ability to work long-term? In that case, you may also be entitled to compensation for future lost earnings, or “loss of earning capacity.” This applies if your injuries prevent you from returning to your old job or limit the type of work you can do in the future, helping to provide financial stability for you and your family.

Compensation for Pain and Suffering

Not all injuries are visible. The physical pain, emotional distress, and mental anguish that follow an accident are very real, and you deserve to be compensated for them. This is where “pain and suffering” damages come in. While no amount of money can erase what you’ve been through, this type of non-economic damage acknowledges the significant personal impact the accident has had on your quality of life. It accounts for the physical discomfort, anxiety, depression, and loss of enjoyment of life that often accompany serious injuries, recognizing that your well-being goes beyond just paying bills.

What Affects Your Settlement Amount?

Every pedestrian accident case is unique, so there’s no one-size-fits-all answer for how much a claim is worth. Several key factors influence the final settlement amount. The most significant is the severity of your injuries and the total cost of your medical care, both now and in the future. The amount of income you’ve lost from being unable to work also plays a major role. Other considerations include the strength of the evidence, the clarity of who was at fault, and the impact the injuries have had on your daily life. An experienced lawyer can evaluate these factors to determine a fair value for your claim.

How Long Will Your Case Take?

“How long will this take?” It’s one of the first questions we hear from clients, and it’s completely understandable. After a traumatic accident, you want to get back to your life, and you need to know what to expect from the legal process. While there’s no magic number or a one-size-fits-all answer, the timeline for a pedestrian accident case depends on a few key factors. Every situation is unique, but we can give you a clear picture of what influences the schedule, from the initial investigation to the final resolution.

Some cases can be resolved in a matter of months, while others, especially those involving serious injuries or uncooperative insurance companies, can take a year or more. The most important thing is to secure a fair outcome, not just a fast one. Rushing to a settlement before the full extent of your injuries and financial losses is known can leave you with unpaid bills down the road. An insurance company might offer a quick, lowball settlement hoping you’ll take it out of desperation. We’re here to make sure that doesn’t happen. Because we work on a contingency fee basis, our goals are perfectly aligned with yours: getting you the best possible result. We’re committed to seeing your case through, no matter how long it takes to achieve justice.

Key Factors That Affect the Timeline

Several elements can shape how long your case takes. The complexity of the accident is a big one—if it’s unclear who was at fault or multiple parties are involved, it will require a more in-depth investigation. The severity of your injuries also plays a major role. We need to have a full understanding of your medical treatment and future needs before we can demand fair compensation. Another factor is the insurance company’s willingness to negotiate. A reasonable insurer can lead to a quicker settlement, while a difficult one can draw things out. Our goal is always to resolve your case as efficiently as possible without compromising the compensation you deserve.

Don’t Miss Your Filing Deadline

This is incredibly important: in California, you have a strict deadline to file a personal injury lawsuit. This is called the statute of limitations, and for most pedestrian accidents, it’s two years from the date of the incident. If you miss this deadline, you lose your right to seek compensation in court, no matter how strong your case is. That’s why it’s so critical to speak with an attorney as soon as you can. Acting quickly allows us to preserve evidence, talk to witnesses while their memories are fresh, and ensure all the necessary paperwork is filed correctly and on time, protecting your legal rights.

Mistakes to Avoid When Hiring a Lawyer

Choosing a lawyer is one of the most important decisions you’ll make after an accident. The right attorney can make a world of difference in your recovery and your case’s outcome, while the wrong one can add even more stress to an already difficult time. But with so many options, how do you know who to trust? It helps to know what to look for—and what to run from. Being prepared can help you find a legal partner who will truly fight for you, not just see you as another case file.

Red Flags to Watch Out For

Trust your gut. If something feels off during your initial consultation, it probably is. Be wary of any lawyer who doesn’t specialize in pedestrian accidents. Personal injury law is complex, and you need an expert who understands the specific challenges of your case, not a general practitioner. Another major red flag is poor communication. If they’re slow to return your initial call or seem distracted during your meeting, imagine how hard it will be to get updates later. Finally, steer clear of attorneys who ask for large upfront fees. Reputable personal injury lawyers work on a contingency fee basis, which means they only get paid if you do.

Smart Questions to Ask Before You Hire

Your initial consultation is a two-way interview. You’re hiring them, so don’t be afraid to ask direct questions. Start by asking about their specific experience and track record with pedestrian accident cases. Ask for examples of similar cases they’ve handled and what the outcomes were. Next, get crystal clear on their fee structure. Ask them to explain their contingency fee and if there are any other case costs you might be responsible for. Finally, ask about their willingness to go to trial. While most cases settle, you want a lawyer who isn’t afraid to take your case to court if the insurance company refuses to offer a fair settlement.

Ready to Take the Next Step?

Deciding to seek legal help is a significant step, and it’s completely normal to feel unsure about where to begin. The most important thing is to find a legal partner who not only has the right experience but also makes you feel supported and understood. Taking the time to choose the right attorney can make all the difference in your recovery journey. It’s about finding an advocate who will handle the legal complexities so you can focus on healing.

Find a Compassionate, Clear Communicator

When you start your search, prioritize lawyers with a proven history of handling pedestrian accident claims. Experience is critical, but so is communication. You deserve an attorney who will listen to your story, answer your questions without confusing legal jargon, and keep you informed throughout your case. A good lawyer-client relationship is built on trust and transparency. You should feel confident that your attorney is not just fighting for you but is also there for you every step of the way, providing the clarity and support you need.

How Contingency Fees Work (You Don’t Pay Unless We Win)

Many people worry about the cost of hiring a lawyer, especially when facing medical bills and lost income. That’s why our firm, like most personal injury law firms, operates on a contingency fee basis. This arrangement means you pay no attorney fees unless we successfully recover compensation for you. Our fee is a percentage of the final settlement or verdict. There are no upfront costs or hidden charges to worry about. This approach allows everyone to access high-quality legal representation, regardless of their financial situation.

Schedule Your Free, No-Obligation Consultation

The best way to see if an attorney is the right fit is to talk with them directly. We offer a free, no-obligation case evaluation where you can share the details of your accident and get honest feedback about your legal options. This is your opportunity to ask questions, understand the process, and get a feel for our approach. There’s no pressure—just a straightforward conversation to give you the clarity you need to decide what’s best for you and your family.

Related Articles

• Hit by a Car as a Pedestrian? What to Do Next
• Can a Pedestrian Sue If Hit by a Car? A 2026 Guide
• Hit by a Car as a Pedestrian? Here’s What to Do
• What to Do if You’re Hit by a Car as a Pedestrian

Frequently Asked Questions

What if I think I was partially at fault for the accident? This is a very common concern, but it doesn’t automatically prevent you from getting compensation. California follows a “comparative negligence” rule, which means you can still recover damages even if you were partly to blame. Your final settlement would just be reduced by your percentage of fault. An experienced lawyer will work to build a case that minimizes your share of the blame and clearly demonstrates the driver’s responsibility.

The driver’s insurance company already offered me a settlement. Should I just take it? It’s wise to be cautious with early settlement offers. Insurance companies often try to resolve claims quickly and for the lowest amount possible. An initial offer rarely accounts for the full scope of your future medical needs, lost income, or pain and suffering. Once you accept a settlement, you can’t ask for more money later. It’s best to have a lawyer review any offer to ensure it’s fair before you sign anything.

How much is my pedestrian accident claim actually worth? There is no simple calculator for determining a claim’s value because every case is unique. The final amount depends on several factors, including the severity of your injuries, the total cost of your medical treatment (both past and future), the amount of income you’ve lost, and the overall impact the accident has had on your quality of life. A skilled attorney will carefully evaluate all of these details to determine a fair value for your specific situation.

What happens if the driver who hit me was uninsured or fled the scene? This is a frightening situation, but you may still have options for recovery. If you have your own auto insurance, your Uninsured or Underinsured Motorist (UM/UIM) coverage may apply, even though you were a pedestrian. An attorney can help you investigate all possible sources of compensation and guide you through the process of filing a claim with your own insurance provider.

I feel mostly okay after the accident, should I still see a doctor and contact a lawyer? Yes, absolutely. The shock and adrenaline from an accident can easily mask serious injuries like concussions or internal damage that may not show symptoms for hours or days. Seeking immediate medical attention creates a crucial record linking your injuries to the accident. Similarly, contacting a lawyer early protects your rights and allows them to preserve important evidence, ensuring you don’t miss any critical deadlines for taking action down the road.