Pedestrian hit-and-run accidents can leave injured individuals facing medical treatment, financial concerns, and unanswered questions about who was responsible. Unlike a typical pedestrian collision, the driver in a hit-and-run leaves the scene without providing identifying or insurance information, which can make the situation more complicated. Understanding what to do can help preserve important information and clarify the options that may be available.
The first priority after a pedestrian accident should be health and safety. If you have been struck by a vehicle, call 911 or ask someone nearby to contact emergency services. Pedestrians have little physical protection when hit by a vehicle. Even a collision that initially seems minor may result in injuries that become more noticeable later. Potential injuries may include but are not limited to, the following.
Seeking medical care can help identify injuries and establish medical documentation regarding your condition following the accident.
A pedestrian hit-and-run should usually be reported to law enforcement as soon as possible. Victims should give officers as much information as they can remember about the vehicle and the circumstances surrounding the collision. Helpful details may include the following information about the vehicle.
If it is safe to do so, individuals should try to preserve information from the accident scene. Take photographs or videos of the location, your injuries, damaged personal property, roadway conditions, traffic signals, crosswalk markings, skid marks, vehicle debris, and anything else that may help document what occurred.
If witnesses saw the collision, ask for their names and contact information. A witness may have noticed details that the injured pedestrian did not see, including a license plate number or the direction the vehicle traveled.
Video evidence can be especially helpful in pedestrian hit-and-run accidents. Businesses, apartment buildings, parking structures, homes, intersections, and other properties near the collision may have surveillance cameras that captured the vehicle before, during, or after the accident.
It can be important to identify possible video footage quickly because some surveillance systems automatically delete recordings after a certain period. Law enforcement may obtain footage during its investigation.
If law enforcement identifies the driver, the circumstances of the collision may be investigated separately from the driver's decision to leave the scene. For a potential civil claim, issues such as negligence, causation, insurance coverage, and the nature and extent of the pedestrian's injuries may need to be evaluated. Leaving the scene does not by itself determine every issue involved in a civil injury claim. Each accident must be considered based on its individual facts.
One of the most difficult aspects of a pedestrian hit-and-run is that the responsible driver may not always be located. However, that does not necessarily mean an injured pedestrian has no available insurance options.
Depending on the person's insurance policy and circumstances, uninsured motorist coverage may potentially apply to injuries caused by an unidentified hit-and-run driver. Since insurance policies are very different from one another, pedestrians should review their coverage carefully and consider seeking guidance regarding applicable notice requirements and deadlines.
Following a hit-and-run accident, it may be important to maintain an organized file containing documents related to the incident. This may include, but is not limited to, the following.
Keeping records can make it easier to understand how the accident has affected you and provide documentation if an insurance claim or legal matter develops.
An insurance company may request information about the accident, injuries, treatment, or circumstances surrounding the collision. Before providing a recorded statement or signing documents, consider understanding what is being requested and why. Victims should not assume any facts regarding the accident and their injuries. Insurance coverage questions can become more complicated when the responsible driver is unknown, especially when uninsured motorist coverage is involved.
Pedestrian hit-and-run cases may involve several legal and insurance issues, including but not limited to:
An attorney can review the circumstances of the accident and explain which legal options may be available based on the facts. Depending on the situation, this may include reviewing police reports, evaluating insurance policies, communicating with insurers, identifying potential video evidence, or assessing whether another person or party may have legal responsibility.
The qualified personal injury attorneys at KAASS LAW may be able to help victims and their loved ones after a pedestrian hit-and-run accident. Every pedestrian accident is different, and the availability and outcome of any claim will depend on the specific facts, applicable law, available evidence, insurance coverage, and other circumstances. Call KAASS LAW today to learn more.
California Vehicle Code (CVC) 21955 states that “between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.”
Jaywalking refers to when a pedestrian crosses a road with marked crosswalks or a marked intersection but does so from a point other than the designated crosswalk. Jaywalking laws protect both pedestrians and automobile drivers from avoidable car accidents. Law enforcement officers are unlikely to arrest you for jaywalking, but they will likely issue a ticket if they see you. In California, jaywalking is an infraction, and a first offense will cost you a minimum fine of $196. The DMV will not assess points onto your driving record.
As a pedestrian, it is your duty and your responsibility to keep yourself safe. In addition to abiding by jaywalking rules, here are some safety tips you can follow to ensure your safety when walking:
Drivers and pedestrians must share the road. They also share the responsibility for keeping themselves and each other safe by staying alert and abiding by traffic rules. If you injure yourself while jaywalking or injure someone who is jaywalking, you must determine who was at fault or more at fault for the accident.
If you injure yourself while jaywalking, you will likely share some fault for the accident. This doesn’t mean you won’t receive compensation, but we recommend seeking help from a Los Angeles pedestrian injury lawyer to avoid full responsibility. If you or a loved one were injured while crossing the street, contact KAASS LAW (310) 943-1171 for a free consultation.