Crosswalks are made to ensure pedestrians pass safely on busy streets and roads. Vehicles are expected to wait for pedestrians as they cross through designated crosswalks and only proceed when the road is clear. However, this is not always the case. Sometimes you find drivers in too much of a rush or who think they have the right of way even when it is time for pedestrians to cross. This can lead to a pedestrian getting hit while legally using the crosswalk at the right moment.
Pedestrians are usually at a huge risk of suffering severe injuries when hit by vehicles. If you get hit in a crosswalk, it is essential to take the necessary steps to have a successful claim against the driver. A Burbank pedestrian accident attorney can represent you and fight for your rights to receive the compensation you deserve for your injuries and damages.
What You Should Do After Being Hit in a Crosswalk
Being hit in a crosswalk can be a devastating experience for anyone. If you were exercising your right-of-way by crossing at a crosswalk only to get hit, remain calm and take the following crucial steps:
- Seek Medical Attention Promptly
Don’t panic. Check yourself for any injuries, and if you have been seriously injured, seek medical help immediately. Your health should be of utmost priority. Even if you only suffered minor injuries or even feel fine, it is always best to see a medical professional for a comprehensive examination. Some symptoms may take time to manifest, so it is best to get a professional evaluation to ensure no hidden complications. Medical records from your doctor will also be valuable when seeking compensation for medical bills incurred.
- Call 911
Call the police and notify them about the accident, providing accurate incident details. Their presence at the scene will be crucial in documenting the accident, gathering witness statements, and generating an official report. Ensure you get a copy of the report or, at the very least, the report number. The police report will serve as key evidence in pursuing a claim with their insurance or, should you choose to sue the driver.
- Gather Evidence
If you can, gather evidence at the scene. This will include photos of the vehicle that hit you, any marks on the road, your injuries, road and weather conditions, and the driver’s name and contact information. It is also essential to collect statements from witnesses and their contact information.
- Contact an Attorney
Working with an attorney when pursuing a personal injury claim is always advisable. Consult an attorney specializing in pedestrian accidents, as they can guide you through the legal process and help you build a strong case for maximum compensation. Do not delay contacting a pedestrian accident attorney. California has a two-year statute of limitations for filing a personal injury claim. While two years may seem like a lot of time, contacting an attorney immediately is in your best interest. This helps to collect and preserve crucial evidence and file your claim before the deadline.
What Happens If the Driver Is at Fault
Motorists are required to exercise due care and yield to pedestrians at crosswalks. Drivers who hit pedestrians lawfully crossing in crosswalks may face consequences such as:
- Traffic citations
- License sanctions
- Personal injury lawsuits
- Criminal charges.
What Happens if You Share Fault With the Driver
Sometimes, you may be found to have contributed to the accident. However, this does not mean you will not recover damages. California follows a pure comparative negligence rule. As such, you can still recover compensation for your injuries and damages. However, the compensation you collect will be reduced by the proportion of your percentage of fault. If, for instance, the court finds you 10% at fault for the accident, your award will be reduced by 10%.
It is crucial to consult a skilled personal injury lawyer who can advocate for your rights and help negotiate a fair settlement. They can protect you from excessive award reduction and ensure you receive your deserved compensation.
Possible Compensation After a Pedestrian Accident
If you get hit in a crosswalk, you may receive various types of compensation, including:
- Medical expenses, including current and future medical bills
- Rehabilitation and therapy costs
- Lost wages or income, including future earning capacity
- Pain and suffering
- Property damage if your belongings like a phone or other valuable items were damaged in the accident
Contact an Experienced Personal Injury Lawyer in Burbank, California Today
If you have been hit in a crosswalk in Burbank, California, you have the right to pursue a compensation claim. Our experienced personal injury lawyers at Avaness Law can help you navigate the legal process and protect your rights to receive fair compensation. Contact us today to schedule your free consultation and learn more about how we can help you in this challenging time.