In a pedestrian accident caused by someone else’s negligence, the at-fault party’s insurance should cover your damage expenses. However, you may use other coverage, such as your health insurance, when shouldering the costs in specific circumstances.
In this article, you will understand what type of insurance can cover pedestrian accidents and determine which one to use, depending on the situation.
Understanding Liability in a California Pedestrian Accident
In a pedestrian accident, the individual whose actions caused the accident should be liable for the damages. This means that they are responsible for covering the expenses related to the crash. As such, the at-fault party’s insurance provider will pay for the said damage expenses.
However, an injured victim should first file a personal injury claim for the pedestrian accident to receive compensation. They must demonstrate that the collision resulted from the other party’s actions or negligence.
In personal injury, justifying negligence means demonstrating the following elements:
- Duty of Care: All drivers are legally required to use reasonable care to guarantee road safety.
- Breach of Duty: A driver may be judged negligent if they fail to uphold their duty of care. Common violations include speeding, distracted driving, and failing to yield at crosswalks.
- Causation: It must be demonstrated that the driver’s breach of duty directly resulted in the victim’s injuries.
- Damages: The victim must demonstrate that the accident caused them injuries and losses.
You might wonder, how do you prove the following elements? A victim must have the necessary evidence showing the other party’s actions that caused the pedestrian accident. This includes:
- Pictures of the accident scene
- Surveillance or dash camera footage
- Witness testimonies
- Police reports
- Medical documents, such as diagnoses and hospital bills
Who Is At Fault for a Pedestrian Accident?
Drivers must practice utmost care when sharing the road, especially with pedestrians and cyclists. So, they are usually responsible for pedestrian accidents if their actions directly cause the collision. This can happen if they violate traffic laws, such as:
- Speeding
- Distracted driving
- Drunk or drugged driving
- Tailgating
- Drowsy driving
- Not yielding to pedestrians on crosswalks
- Neglecting traffic signals
However, there are instances where the pedestrian’s actions also contributed to the collision’s occurrence. As such, comparative negligence is followed.
What Is Pure Comparative Negligence in California?
California uses a pure comparative negligence system, which implies that more than one party can be held partially responsible for an accident. If a pedestrian is somewhat liable for the accident, their compensation may be reduced by the proportion of responsibility. Note that in pure comparative negligence, an involved individual can file a claim for compensation regardless of how much they contributed to the damages.
For example, a drunk driver hits you. Unfortunately, you were distracted by your phone while walking, so you failed to avoid the oncoming vehicle. If the court finds you 20% liable for the pedestrian accident, you may receive an 80% settlement. Likewise, the driver can insist on the 20% compensation.
While you can pursue a case for compensation, it may be challenging to determine how much you should be receiving, especially if you are partly responsible for the accident. If you lack legal guidance, the insurance provider may make an offer that hardly compensates for your sustained damages. Fortunately, California pedestrian accident attorneys can help you negotiate for a fair settlement and fight vigorously against aggressive insurance companies.
Lawyer’s Tip: You can claim compensation for several damages, such as financial and non-financial damages. While you can prove economic losses through receipts and documents, you may need a pedestrian accident to quantify and calculate non-economic damages, such as pain and suffering.
What Insurance Covers California Pedestrian Accidents?
If you are involved in a pedestrian accident in California, you can use several insurance policies depending on the circumstances of the crash.
The Driver’s Auto Insurance Policy
Typically, the driver at fault for a pedestrian accident is responsible for covering the damages through their auto insurance. In California, all vehicles must carry auto insurance. The state’s insurance requirements are as follows:
- Liability insurance covering:
- $15,000 for injury or wrongful death of one pedestrian accident victim.
- $30,000 for injury or wrongful death of more than one pedestrian accident victim.
- $5,000 for property damage.
- A $35,000 cash deposit with the Department of Motor Vehicles (DMV).
- A DMV-issued self-insurance certificate.
- A $35,000 surety bond from a company licensed in California.
Note that you should never accept immediate cash compensation from the driver after the accident, as doing so serves as a settlement, preventing you from pursuing further claims. A California pedestrian accident lawyer can help calculate your total damages and ensure you receive the compensation you deserve.
Uninsured or Underinsured Motorist Coverage (UM/UIM)
Let’s say a drunk driver hits you, and they flee the scene after causing the crash. Unfortunately, there is no sufficient evidence to help locate the driver. In this case, you may use your uninsured motorist coverage if you have one, even if you aren’t in a vehicle at the time of the collision.
Similarly, you may use your underinsured motorist coverage if the at-fault driver’s coverage limits are insufficient to cover the damage costs.
- Bodily Injury: Provides coverage for medical bills, lost wages, pain and suffering, and other related costs if you are injured in a collision caused by an uninsured motorist.
- Property Damage: Pays to repair or replace your damaged belongings caused by an uninsured motorist.
Health Insurance, Personal Injury Protection and Medical Payment
If you don’t have UM/UIM coverage, you may use your health insurance or Medical Payment to cover the injury costs from the pedestrian accident.
Moreover, some victims pay for their medical bills with their health insurance. To recover treatment costs, they might sue the at-fault party in a pedestrian accident once they’ve recovered. However, using this method requires taking some safety measures. For example, you may be required to pay additional costs if the responsible driver’s policy maximum is insufficient to provide total compensation.
Overall, all three insurances can cover a pedestrian’s injuries from a collision:
- Health Insurance: Regardless of who is at fault in the collision, the pedestrian’s medical costs may be covered if they have health insurance.
- PIP: In California, PIP coverage is optional, but if a driver has it, it may pay for the pedestrian’s medical costs.
- MedPay: An optional insurance plan that covers pedestrian medical costs regardless of responsibility.
It can be challenging to determine which insurance to use when claiming compensation. This is why it is best to contact California pedestrian accident attorneys who can help you get the necessary treatments, determine how much damage you’ve sustained overall, and provide legal action that is appropriate for you.
Who Covers the Damage Expenses If the Pedestrian is At Fault?
Similar to drivers, pedestrians are also responsible for ensuring safety on the road. So, pedestrians can be entirely at fault for the damages if their negligence caused the accident. Common actions that may make a pedestrian responsible for the collision include:
- Jaywalking with apparent risks
- Disregarding traffic laws and signals
- Abruptly darting into traffic
- Drunk walking
- Distracted walking
When pedestrians are found entirely at fault, they don’t have the right to receive compensation from the involved parties. This means that they have to shoulder their expenses. In addition, they may also be responsible for covering the other party’s damage costs.
Do I Need a California Pedestrian Accident Lawyer to Protect My Rights?
Handling a pedestrian accident claim can be physically, emotionally, and financially taxing. This becomes even more complicated if you fail to secure evidence demonstrating the other party’s negligence.
A California pedestrian accident lawyer can protect your legal rights by thoroughly evaluating your case and determining the best strategy to maximize your claim. They can assist you by:
- Reviewing the specifics of your case to identify the most appropriate actions.
- Gathering critical evidence such as medical records, accident reports, witness statements, and relevant documents to support your claim.
- Ensuring all legal paperwork and procedures are correctly handled to avoid costly mistakes that could harm your case.
- Communicating with the at-fault driver’s insurance company to advocate for your best interests and secure fair compensation.
- Defending your rights throughout the legal process, including countering insurance company tactics to reduce payouts.
The Law Offices of Larry H. Parker has highly experienced personal injury attorneys adept at handling pedestrian accident claims across Southern California. If you experience a pedestrian accident, our expertise and successful track record in traffic crash claims demonstrate our commitment to protecting our clients’ rights.
Call 800-333-0000 or schedule a free consultation for a thorough assessment of the best legal approach for your situation.
What Our Clients Say About Us
While many personal injury attorneys can handle your case and build a legal defense, our dedication to advocating diligently on your behalf distinguishes us. We go above and beyond to ensure that our personal injury lawyers are fully prepared to create a strong claim, as proven by our pleased prior clients.
“This review has been long overdue. The staff has been exceptionally accommodating to any of my questions or needs. Everything was handled with such professionalism and promptly. Thank you for all your hard work and commitment through my despair. I highly recommend your firm to others who find themselves in my situation.
Keep up the good work!” – R. Hamm
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Should I Report a Hit-and-Run with No Damage?
- These Actions Are Particularly Dangerous to the Safety of California’s Pedestrians
- Who is at Fault in a California Pedestrian Accident Involving a Jaywalker?
- Do You Have Questions About California Pedestrian Injury Cases? We Have the Answers You Need
Works Cited
“Auto Insurance Requirements – California DMV.” California DMV. Accessed 23 May 2024.
comparative negligence | Wex | US Law | LII / Legal Information Institute Cornell.Edu, Accessed 23 May
