Pedestrian Accidents: Frequently Asked Questions

I was in a pedestrian accident. What do I do now?

After a pedestrian accident, your top priority should always be to seek medical attention. Move carefully to a safe area if you can, and call 911 (or have someone call for you). Allow paramedics to evaluate you even if you do not feel seriously injured; shock and adrenaline can mask underlying problems like internal injuries or concussions. Getting prompt medical care will protect your well-being and establish clear documentation of your injuries.

Once emergency services arrive, cooperate fully with their requests. Make sure to request a copy of the police report or its reference number for your records, as this document will be vital evidence if you pursue compensation. If you’re physically able, gather contact information and insurance details from the driver and any witnesses. Take photos of the accident scene, vehicles, traffic signals, and your injuries. If you aren’t able to do this yourself, ask a companion or witness for help, as crucial evidence may disappear quickly.

After the incident, follow through with medical appointments and keep all documentation of your recovery process. Notify your insurance company as soon as you can, but limit details and refer adjusters to your attorney if you hire one. We recommend you do not accept a settlement offer until speaking with an experienced personal injury attorney.

Because the legal process can be complex and insurers may try to minimize payouts, working with a Santa Ana pedestrian accident attorney can help preserve your rights, minimize delays, and assist you in receiving full compensation for your accident-related expenses. If you have been involved in a pedestrian accident in Santa Ana, call Kim Law APC to learn how we can help: (213) 246-5550.

What are the most common pedestrian accident injuries? 

Pedestrian accident injuries can vary widely depending on the circumstances. Road conditions, the speed of the vehicle, and the individual’s health can all play a role in the resulting injuries.

While some pedestrian accident injuries might be minor, such as bruises, sprains, or general soreness, other pedestrian accidents may result in serious harm. Broken or fractured bones, traumatic brain injuries, and internal injuries are especially common because pedestrians have little physical protection against impact. Victims may also experience damage to the neck and spinal cord, cuts, lacerations, and disfiguring injuries to the face or skin. The most severe cases can lead to amputation, permanent disability, or even death. 

Additionally, the psychological effects of a pedestrian collision, such as post-traumatic stress disorder (PTSD), anxiety, and fear of walking near traffic, should not be overlooked, as these can be just as life-altering as physical injuries. If you have experienced any of the above, call Kim Law APC at (213) 246-5550 to learn about your legal options.

Who pays my medical bills after a pedestrian accident occurring in California?

After a pedestrian accident in California, your medical expenses are typically paid through a combination of insurance sources, depending on who was at fault and what coverage is available. 

If the driver who hit you is found to be at fault, their auto liability insurance is usually responsible for covering your medical bills, as well as other losses like lost wages, pain and suffering, and property damage (assuming there is sufficient insurance coverage). You can file a claim against the driver’s insurance to seek compensation for your immediate and ongoing medical treatment related to the accident. Your own auto policy’s uninsured/underinsured motorist (UM/UIM) coverage may step in to help pay for your injuries if the at-fault party’s insurance does not fully compensate you for your injuries.

Additionally, your health insurance (private, Medi-Cal, or Medicare) can cover your medical expenses initially, though this is subject to deductibles and co-pays. Most health insurance companies will seek reimbursement (subrogation) from any settlement you receive from a liability or UM/UIM claim.

Until your legal or insurance claim is resolved, you are generally responsible for paying medical bills as they come due, either out of pocket or through your health coverage. Consulting a Santa Ana pedestrian accident lawyer can help you coordinate coverage and maximize your recovery.

Speak to a Santa Ana Pedestrian Accident Attorney

I was hit while jaywalking. Can I still seek damages in California?

Yes, you may still seek damages in California, even if you were jaywalking when struck by a vehicle. California uses a pure comparative negligence system, meaning both the pedestrian and the driver can share fault for an accident. Your right to compensation is not automatically lost if you were crossing outside of a crosswalk or against a traffic signal.

However, any award you receive will be reduced in proportion to your level of fault. For example, if you are found to be 60% at fault for jaywalking, but the driver was speeding or distracted, you could still recover 40% of your damages through their insurance. 

Evidence such as police reports, witness statements, and traffic camera footage will help establish each party’s share of responsibility. Speaking with a Southern California personal injury lawyer can help you understand your legal rights, assemble evidence, and seek fair compensation, even in cases involving jaywalking. Call (213) 246-5550 to speak to a pedestrian accident lawyer in Santa Ana.

Do I really need an attorney to resolve my case?

You are entitled to represent yourself after a pedestrian accident, but there can be significant benefits, both financial and logistical, to working with an experienced pedestrian personal injury attorney. Research consistently shows that individuals who seek legal representation resolve their cases more efficiently and receive higher compensation than those who handle claims on their own.

Hiring a skilled Santa Ana pedestrian accident lawyer is especially important if you’ve suffered major injuries or if your situation involves complex factors: serious harm, disputes over fault, rideshare companies, commercial vehicles, multiple insurance entities, and so forth. An attorney can handle negotiations, build a compelling case, manage difficult legal issues, and fight for your best possible outcome in or out of court.

Kim Law APC is committed to helping all injury victims obtain fair and complete compensation. If you’ve been harmed by someone else’s negligence, reach out to our team at (213) 246-5550  for a free legal consultation. We operate on a “contingency fee” basis, meaning that, even if you choose to hire us, we never collect compensation until you do.

What is my pedestrian accident case worth?

The value of your pedestrian accident case in California depends on a range of factors unique to your situation. These include:

• Liability (degree of fault),
• The severity of your injuries,
• Your total medical costs (both current and future),
• Lost wages and loss of earning capacity,
• Pain and suffering, and 
• The overall impact the accident has had on your life.

Cases involving severe or long-lasting injuries, such as traumatic brain injuries or permanent disabilities, typically result in higher settlements due to the need for ongoing care and compensation for diminished earning capacity. Case values can thus range from a few thousand dollars to millions, particularly if punitive damages are awarded.

Because every pedestrian accident case is different, talk to a Santa Ana pedestrian accident lawyer to understand the potential value of your case. Call Kim Law APC at (213) 246-5550 for a free, comprehensive consultation.

How long will it take to resolve my pedestrian accident case?

This can vary greatly based on your specific circumstances. Straightforward claims where injuries are minor and fault is clear may settle in as little as three to six months; more serious cases, cases involving complex injuries, disputed liability, or several parties, can take much longer. Be prepared for longer timelines if your situation involves substantial injuries or contested fault. 

Working with a Santa Ana pedestrian accident attorney can help prevent unnecessary delays, streamline negotiations, and work toward a fair resolution efficiently. Call (213) 246-5550 to begin the process.