There is nothing more terrifying than being hit by a car while walking, particularly if the driver takes off without even stopping. It has happened, you’re hurt, dazed, and left wondering who’s going to pay your doctor bills and how justice is going to be served. When a fleeing driver runs you over, the wound is not just physical but also psychological, and the road to healing appears long and uncertain.
Pedestrian hit-and-run accidents happen more often in California than they should. While such accidents might make you feel powerless, the truth is that you still have rights—driver or otherwise. Whether you are in the hospital, healing at home, or trying to figure out how in the world you are going to pay your bills, knowing what to do and consulting a pedestrian accident lawyer can make a difference.
The Immediate Impact of a Pedestrian Hit and Run Accident
The seconds following a hit and run are traumatic and confusing. You may be seriously hurt, dazed, or in agony with no idea who hit you. You are scared and panicked, possibly more so if you are alone when the accident happens. Emergency responders may arrive soon, but with no idea who was responsible for the accident and why they fled just adds to your trauma.
Medical expenses begin to mount immediately. An ambulance ride, emergency room visit, X-rays, and in-patient hospitalization can run you tens of thousands of dollars. Add that to the possibility that you may not be able to return to work or maintain normal household chores. Physically, it is hard to wrap your head around what occurred and why someone would leave the scene without taking responsibility for what they had done.
Victims of hit-and-run pedestrian accidents are not completely at the perpetrator’s mercy. California law includes a range of means to recover financial compensation and hold an individual responsible.
Can You Recover Damages If the Driver Never Gets Caught?
Yes, you might still be able to recover damages if the driver that hit you is never caught. In California, most drivers carry uninsured motorist coverage on their automobile insurance policy. What most individuals don’t know is that this coverage usually protects you even if you are not in your vehicle. If you were struck as a pedestrian and carry this kind of coverage, your insurance can pay your medical bills, lost wages, and future costs.
If you don’t have your car insurance, you might be covered under that of a family member if you live with them. These plans can serve as a safety net, stepping in when there isn’t another source of insurance to fall back on. But putting in a claim under your insurance provider isn’t necessarily the key to simple claims. Insurers will at times slow pay or deny claims, particularly if there is no third party at fault.
This is where it is essential to have someone on your side. You would like to have someone who knows the process, someone who can handle the insurance company, and who will not let up until you receive the compensation that you should have.Â
Medical Care and Documentation Are Imperative
Even if your injuries seem minor at first, it’s important to get checked by a doctor right away. Pedestrians often suffer internal injuries, head trauma, or soft tissue damage that isn’t immediately obvious.Â
Beyond your recovery, medical documentation plays a key role in your legal case. Each doctor’s visit, diagnosis, treatment plan, and prescription provides proof of how the accident has affected your life. These records help your attorney, and your insurance company understand the full extent of your injuries and how much compensation you’ll need to recover physically and financially.
It is necessary to maintain a diary of your appointments, expenditures, and how the injuries influence your life on a day-to-day basis. It gives an overview of the harm inflicted and assists you to claim for reasonable compensation.
The Role of Police and Investigators in Finding the Driver
When a hit-and-run has been perpetrated, the police will work to attempt to find the fleeing driver. They’ll go out and look for cameras, take witness statements, and attempt to find physical evidence like crashed car debris or paint on the scene. In some instances, tips from the public or automated license plate readers point suspects in.
However, not all investigations will lead to arrest. Your claim can continue to go ahead if the motorist is never found. It is not a requirement by the law for you to recognize who the perpetrator is for you to claim for compensation.Â
But once a motorist is found at some point afterward, it opens the question of holding him liable legally and monetarily for the harm he may have caused.
Importance of Hiring a Personal Injury Lawyer
Navigating these kinds of cases on your own can be exhausting. Remember that you’re dealing with injuries, rising bills, and insurance companies that may try to protect their bottom line.
A lawyer will help you file an uninsured motorist claim, collect evidence, and negotiate with the insurers who will try to lower your payment. Your lawyer will also sue to collect additional damages if the driver is found.
You don’t have to face the consequences alone. Get an experienced attorney to listen to your case and walk with you during this difficult time.
Time Limits for Filing a Claim After a Drive-off AccidentÂ
In California, you generally have two years from the time of the accident to file a personal injury claim. That’s the statute of limitations. If you are filing an insurance claim under your uninsured motorist coverage, the deadline may be shorter, depending on what your policy requires. Some policies require notice to your insurance company within 40 days.
Delays can hurt your case. Evidence can be lost, memories can fade, and time limits to file a lawsuit can expire unnoticed during the period of recovery. That is why you must immediately call an attorney, even if you think that you don’t have a valid case.
FAQsÂ
What do I do immediately after I am hit by a drive-off vehicle?
Call 911, get medical attention, and call the police. Try to remember as much as you can about the car and find potential witnesses. Your safety and documentation are of utmost importance.
Can I still be compensated even if the driver is never found?
Yes, if you have uninsured motorist coverage under your auto policy or a household member’s auto policy, you can recover for your injuries even if the driver is never found.
Will my premium increase if I file a claim under my uninsured motorist coverage?
No, California law does not allow premium increases if you were not responsible for the accident.Â
Can I sue the driver if they are subsequently identified?
Yes, if the motorist is caught, you can sue him or her for your damages for injuries, medical bills, emotional distress, etc.
Conclusion
As a pedestrian, there is likely nothing more terrible than being injured in a tip-and-run accident. The pain, the fear, and the uncertainty that follow can leave you dazed and helpless. You have legal recourse whether or not the driver is apprehended, and there are paths to recovery and compensation.
At Big Ben Lawyers, we know just how terrible pedestrian accidents can be, especially when the reckless driver disappears into thin air. We’re committed to having your back, fighting for your rights, and holding others accountable for treating you with the respect and care you deserve.
If you’ve been hurt in a drive-off accident don’t wait. Contact us today for a free consultation, and let us help you receive the compensation you are entitled to in order to begin anew.
Sources
ICBC
Claims
Hit and run Claims