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Can I Claim Compensation for a Pedestrian Accident in California?

Pedestrian accidents are not uncommon in California. All too often, the careless or negligent actions of other drivers on the roadway lead to incidents that injure pedestrians who have very little protection against the force of a vehicle. Here, we want to discuss the types of compensation that may be available to pedestrians if they are injured due to the careless or negligent actions of other drivers, as well as the process of recovering this compensation.

Where Does the Compensation Come From?

When a pedestrian sustains an injury caused by the careless or negligent actions of another driver in California, there may be a few routes of compensation for the injured individual.

The first route for securing compensation will come from the at-fault driver’s automobile insurance. Every driver in California is required to carry a certain amount of insurance. At a minimum, drivers are required to carry $15,000 worth of bodily injury liability, but many drivers have higher limits than this.

However, insurance carriers often put up a fight against having to pay out compensation, and they may even deny the claim altogether. If the insurance carrier refuses to pay fair compensation for your pedestrian accident injuries, it may be necessary to file a civil personal injury lawsuit directly against the insurance carrier in the at-fault driver. This moves the case to the civil court system, though it will likely still be settled before a jury trial becomes necessary.

What Types of Pedestrian Accident Compensation are Available?

There may be various types of compensation available to pedestrians who sustain injuries caused by other drivers. This includes a range of economic and non-economic damages, such as:

  • Emergency medical expenses
  • All follow-up medical treatments necessary 
  • Physical therapy and rehabilitation expenses
  • Medical devices or prescription medications
  • Lost income if a pedestrian accident victim cannot work
  • Various out-of-pocket expenses caused by the incident 
  • Property damage expenses (cell phone, sunglasses, prescription glasses, etc.)

In addition to compensation for these calculable expenses, pedestrian accident victims should be able to recover compensation for their more immeasurable losses. This includes physical pain and suffering endured as a result of the incident, emotional and psychological trauma, loss of quality of life damages, and more.

There is no set amount of compensation available to pedestrian accident victims in California. Rather, there are several factors that can affect the total amount of compensation a pedestrian crash victim receives. Some of these factors include the severity of the injuries sustained, how much property damage there was, the verifiable level of pain and suffering, how long it takes a person to recover and get back to work, and more.

Determining liability for a pedestrian crash is crucial. We strongly encourage you to contact a skilled injury lawyer in Santa Ana who can examine the facts of the situation and conduct their own investigation into the incident. A lawyer will handle all communication with other parties involved, including any negotiation regarding compensation. Additionally, your attorney will fully prepare the case for a trial by jury if that becomes necessary to recover the full amount of compensation you are entitled to for your losses.