October 17, 2022
What Happens If You Get Hit by a Car in California?

Walking through a parking lot, crosswalk, or sidewalk should not be a nerve-racking experience. However, with the possibility of an accident always on the horizon, these threats may become a reality. Knowing what to do if struck by a moving vehicle, or what follows these kinds of accidents, can help you have an easier time processing these troubling incidents. This will give you more time to focus on getting better and feeling safe on your daily commute.

How to Know Whether You Are at Fault in an Accident

California recognizes that the pedestrian has the right of way in situations concerning street crossings, either at marked or unmarked crosswalks, and will typically not be at fault if struck by a moving vehicle. In cases where a driver is recklessly making their way down a street or erratically driving through a parking lot, getting struck by them will undoubtedly put them at fault for the accident.

Despite having the right of way in some traffic circumstances, pedestrians are sometimes at fault in an accident. For instance, if a pedestrian is caught jaywalking or disobeying any other traffic laws, and a car hits them while attempting to avoid them, the pedestrian may be held accountable for the accident. Any occasion where a pedestrian veers into oncoming traffic, breaking the law and resulting in an accident, may place them at fault rather than the drivers concerned.

Costs Associated With Car Accidents

Any accident is prone to having a high price tag, especially for those at fault. After being struck by a car, some of the most common costs that come from these accidents include:

  • Medical Bills: Financial management of medical expenses, particularly higher ones resulting from more serious injuries, might become more challenging while waiting for a settlement. Keep track of bills and make timely payments while you wait for settlement or reimbursement. Even a minor accident can have a significant impact on medical expenses.
  • Repairs: The cost of repairing your vehicle will be covered by your insurance carrier or the insurance of the individual who caused the accident that resulted in the damage. If you don’t have the required coverage, you could be forced to pay for repairs out of pocket and will always be liable for the deductible.
  • Pain and Suffering: In California, there is no legal cap on pain and suffering payments. However, the cost of pain and suffering for car accidents typically depends on the extent of the injuries involved, as well as how long the injured party is expected to deal with said injuries.

Each accident is different, and the amount of incurred damages can fluctuate from case to case. Depending on your legal team, as well as the overall situation that caused your accident, these figures can change drastically.

Does the Person at Fault Always Pay for Damages?

When it comes to accidents, one of the first things that many drivers consider is whether their state has a no-fault law. California is one of the 38 states without a no-fault system. In a state that assigns blame to a party automatically, each party in an accident will file a claim with the insurance company against the party at fault. This indicates that whoever caused the accident will be liable for the cost of the damages incurred. For example, if a driver hits a pedestrian in the intersection of a street after running a stop sign, that driver is automatically at fault, and both their insurance claim and the claim of the pedestrian struck will be filed with the driver’s insurance carrier.

FAQs

Q: What Happens After Getting Hit by a Car?

A: After getting into any accident, you must contact the authorities and wait for them to arrive on the scene. The police need to record the accident and send any medical teams to assess you and the other people involved. Regardless of whether you feel hurt or injured, waiting for this crucial medical help is essential to your case and imperative for assessing the total damages caused by the accident.

Q: Can Someone Sue You for a Car Accident If You Have Insurance in California?

A: Because California uses a tort-based insurance system, if you cause an accident, the injured party may file a claim against you to recover damages that are greater than what your insurance will pay for. For example, if you are injured in an accident, you may seek damages for pain and suffering that go beyond the damages caused by the accident itself, helping you get back to normal.

Q: What Is the Average Settlement for a Car Accident in California?

A: California’s standard car accident settlement amounts can vary based on location, severity, and the parties involved. For example, the cost of a car, as well as the damages caused to the car, will impact the size of the insurance settlement, along with other monetary factors like the medical bills of the injured parties. Settlement information from around the country shows that most reported cases typically settle for between $14,321 and $28,215. The typical amount is about $21,000.

Q: What Happens When You Get Crushed by a Car?

A: Infection, swelling, blood clots, phantom agony, the need for additional amputation, permanent paralysis, and cardiac issues are all common complications associated with crush injuries. Not only are these injuries all severe from a physical standpoint, but the mental effects brought on by this kind of severe trauma can be life-long. Head trauma can cause severe mental impairments, and bodily injuries can lead to paralysis. In more extreme cases, these injuries can cause death.

Dealing With Accident Injuries

The last thing on anyone’s mind after getting hit by a car is the legal implications of these injuries. However, to properly assess and rectify any direct damages, the legal aspect of these cases is crucial for determining your final settlement. At Guenard Bozarth, LLP, our legal team can help you compile a case and win back the damages you deserve. For information on our services, visit our website and contact us today.

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