What Do I Do If I Was Hit by a Distracted Driver as a Pedestrian?
Pedestrian accidents caused by distracted drivers are, unfortunately, a common occurrence in California. These incidents can leave victims with devastating injuries, emotional trauma, and mounting financial expenses. If you or someone you know has been hit by a distracted driver, it's important to understand the steps to take after the accident.
At the Law Offices of Steven Zwick, we have years of experience helping victims of distracted driving pedestrian accidents pursue the justice and compensation they need. Located in Mission Viejo, California, we serve clients throughout Southern California.
In this blog, we provide an overview of what you need to know about pedestrian accidents and what to do if you have been injured by a distracted driver.
California Distracted Driving Laws
California employs strict laws to deter motorists from engaging in distracted driving, including actions like texting or using handheld devices while operating a vehicle. Under California Vehicle Code Section 23123.5, drivers are prohibited from holding a phone or other electronic devices while driving.
While hands-free operation is permitted, any actions that take the driver’s attention off the road, such as texting, scrolling social media, or even eating, constitute distracted driving.
For victims of distracted driving accidents, proving that the driver was distracted plays a critical role in establishing liability. Evidence such as phone records, dashcam footage, or eyewitness testimony can help demonstrate whether the driver was distracted at the time of the accident.
Steps to Take Immediately After an Accident
If you or someone you know has been struck by a distracted driver as a pedestrian, it's essential to take specific actions immediately following the accident. These steps can help strengthen your case and protect your legal rights. The steps you should take following a distracted driving accident include the following.
1. Prioritize Your Safety and Seek Medical Attention
Your health is the top priority after being struck by a vehicle. Even if your injuries seem minor at first, it’s crucial to call law enforcement and receive professional medical attention. Many injuries, such as internal trauma or brain injuries, may not be immediately apparent but could have long-lasting effects if left untreated.
Be sure to document your injuries as thoroughly as possible by photographing any visible wounds, collecting copies of all medical records and doctor reports, and adhering to any prescribed treatment plans. This documentation will serve as critical evidence when pursuing compensation.
2. Call the Police
For accidents involving pedestrians, California law requires the police to be notified. Filing a police report makes sure that the incident is documented, which can serve as invaluable evidence when building your case. The police report may include details such as the driver’s behavior, statements from witnesses, and other observations that support your claim that the motorist was distracted.
3. Gather Evidence at the Scene
If you’re able, document the scene of the accident before leaving the area. Take photographs of the vehicle involved, the surrounding environment, skid marks, traffic signals, and anything else that might have contributed to the accident. Gather contact information from any witnesses, as their testimonies can often provide a valuable neutral account of what happened.
Additionally, if you noticed the at-fault driver texting, eating, or looking away from the road during the incident, make note of this. These details can strengthen your case when claiming the driver was distracted during the accident.
4. Exchange Information with the Driver
California law requires all drivers involved in an accident to exchange contact and insurance information, even if the accident is between one driver and a pedestrian. Be sure to obtain the driver’s name, license plate number, and insurance details.
Be polite but avoid making any statements that could be misinterpreted as admitting fault. Even apologizing could unintentionally be used against you later in legal proceedings.
5. Notify Your Insurance Company
If you have auto insurance or pedestrian coverage, notify your insurance company as soon as possible after the accident. While this is primarily the at-fault driver’s responsibility, some insurance policies include pedestrian accident clauses. Your provider may assist you with processing medical payments through your insurance policy while your claim is being resolved.
How to File a Claim or Lawsuit
After you’ve received medical attention and gathered the necessary information about the accident, you have a legal right to file a claim to recover damages. California follows a fault-based insurance system, which means that the party responsible for the accident (or their insurance company) is liable for covering damages.
Potential Compensation for a Distracted Driving Pedestrian Accident
Under California law, pedestrians injured by a distracted driver are entitled to seek compensation for various damages. Some of the most common types of compensation include:
Medical expenses: This includes emergency room visits, surgeries, ongoing rehabilitation, medication, and any other medical costs related to the accident.
Lost wages: If your injuries prevent you from working, you can pursue compensation for lost income and diminished future earning capacity.
Pain and suffering: Non-economic damages like emotional distress, loss of enjoyment of life, and physical pain may also be included in your claim.
Property damage: If personal belongings like phones, clothing, or bags were damaged in the accident, you could recover the cost.
Seeking compensation after an accident can help alleviate the financial and emotional burdens caused by the incident. By understanding the types of damages available, you can better advocate for your rights.
Comparative Fault in California
California operates under a comparative fault system, which means you can still recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.
For instance, if you were found to be 20% at fault and awarded $100,000, the amount you would be able to recover would be $80,000. An experienced attorney can help you challenge potential accusations of fault and pursue the compensation you need.
Why Choose the Law Offices of Steven Zwick?
At the Law Offices of Steven Zwick, we understand the physical, emotional, and financial toll a pedestrian accident can take. With years of experience representing accident victims throughout California, our legal team is dedicated to securing the compensation you deserve.
We take the time to investigate every aspect of your case, from investigating the accident to proving driver distraction, dealing with insurance companies, and representing you in court if necessary. Through our personalized, client-first approach, we strive to prioritize your best interests and make sure your voice is heard.
Contact an Experienced Attorney Today
If you or a loved one has been struck by a distracted driver, you don’t have to go through the accident alone. At the Law Offices of Steven Zwick, we're here to help you fight for the justice you deserve. Contact us today to schedule your free consultation.
We proudly serve residents of Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda. Call us today to get started.