What Should I Do Right After Being Hit By a Car?
Being involved in a pedestrian-car accident in Los Angeles can be a traumatic experience. Here are crucial steps to take immediately following the incident:
- Seek Medical Attention: Your health should be the top priority. Call 911 or ask someone to do so if you're unable. Even if you feel okay, it's essential to get checked by a medical professional.
- Document the Scene: If possible, collect evidence such as photos of the accident scene, the driver's contact information, and any witnesses' names and phone numbers.
- Contact the Police: Report the accident to the police. Their report can be valuable evidence in your case.
- Do Not Admit Fault: Avoid making any statements or admissions of guilt, as liability can be complex in pedestrian accidents.
Who Will Pay For My Medical Bills After an Accident?
In pedestrian-car accidents, several potential sources can cover your medical bills:
- Driver's Insurance: The at-fault driver's auto insurance policy should cover your medical expenses. However, this process may involve negotiations, and you may need legal assistance to ensure a fair settlement.
- Your Auto Insurance: If you have Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage, your insurance can help cover medical expenses, regardless of fault. Even though you may be walking, if the at-fault driver does not have insurance, your own uninsured motorist coverage may apply to your claim.
- Health Insurance: Your health insurance policy can cover medical bills, and it may require reimbursement from any eventual settlement.
- Medicaid or Medicare: If you have government-sponsored health insurance, it may cover medical expenses and seek reimbursement later.
How Do I Make a Claim Against the Driver Who Hit Me?
To make a claim against the driver who hit you:
- Contact Their Insurance: Notify the driver's insurance company about the accident. Provide them with details, including the police report and your medical records.
- Consult an Attorney: Consider seeking legal representation to navigate the claims process, especially if the driver's insurance company disputes liability or offers an insufficient settlement.
- Negotiate a Settlement: Your attorney will work to negotiate a fair settlement on your behalf. If a satisfactory agreement can't be reached, you may need to file a lawsuit.
What Damages Can Pedestrians Recover?
Pedestrians who are hit by cars can recover various damages, including:
- Medical Expenses: Coverage for past, current, and future medical bills related to the accident.
- Lost Wages: Compensation for income lost due to time off work during recovery.
- Pain and Suffering: Damages for physical and emotional distress caused by the accident.
- Property Damage: Repair or replacement costs for personal belongings damaged in the accident.
- Rehabilitation and Therapy: Costs associated with rehabilitation or therapy needed for recovery.
- Wrongful Death Damages: In cases of fatal accidents, surviving family members can seek compensation for funeral expenses and loss of financial support.
Can Pedestrians Be at Fault for Pedestrian-Car Accidents?
Pedestrians can contribute to accidents, but fault is assessed based on the circumstances. In some cases, pedestrians may be partially at fault if they:
- Cross against a traffic signal or outside a crosswalk.
- Jaywalk in a manner that endangers themselves or drivers.
- Enter the road while impaired or distracted.
However, even if a pedestrian shares some fault, they may still recover damages in California. An experienced attorney can help assess the situation and determine the best course of action.
In conclusion, pedestrian-car accidents can result in severe injuries, and it's crucial to take immediate steps to protect your well-being and legal rights. Understanding the process of seeking compensation for medical bills and other damages is essential, and consulting with a personal injury attorney can help ensure you receive the compensation you deserve
This article is not legal advice and does not create an attorney-client relationship. Each case is different and it is recommended that you consult a licensed attorney in your area if you have been injured or have a potential personal injury case.
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