Being struck by a vehicle is a traumatic, life-altering event. In an instant, a simple walk across a California street can turn into a long journey of physical recovery and emotional healing. If you are navigating the aftermath of a pedestrian accident, it is natural to feel overwhelmed by medical bills, insurance calls, and uncertainty about the future.
Understanding the legal process can provide a sense of control during a chaotic time. Here is a breakdown of what you can expect when pursuing a pedestrian accident claim in the Golden State.
1. The Investigation and Liability Phase
California follows a comparative negligence system. This means that for your claim to be successful, we must establish who was at fault. While drivers have a significant "duty of care" to watch for pedestrians, insurance companies often try to shift some of the blame onto the person walking.
During this phase, evidence is gathered to build your case, including:
Police reports and witness statements.
Traffic camera or dashcam footage.
Data from the vehicle’s "black box."
Medical records documenting the extent of your injuries.
2. Negotiating with Insurance Companies
Once the full scope of your damages is known—including lost wages, pain and suffering, and medical expenses—a demand package is sent to the at-fault party’s insurance provider.
Expect some pushback. Insurance adjusters are focused on protecting their bottom line. They may offer a quick, low-ball settlement early on. It is vital to have an authoritative voice on your side to counter these tactics and fight for the full compensation you deserve under California law.
3. Settlement or Litigation
The vast majority of pedestrian accident claims are settled out of court. However, if the insurance company refuses to offer a fair amount, the next step is filing a lawsuit. This moves the case into discovery, where both sides exchange information under oath. Having a firm that is prepared to go to trial often gives you the leverage needed to reach a favorable settlement before a jury ever hears the case.
Compassionate Guidance When You Need It Most
The road to recovery is difficult enough without the added stress of a legal battle. At Effres & Effres, we provide the reassuring expertise you need to focus on healing while we handle the heavy lifting. We understand the unique challenges California pedestrians face and are committed to securing your future.
If you or a loved one has been injured, reach out to us today at (818) 222-9720 for a free consultation to discuss your path forward.