What to Know before Filing a Pedestrian Accident Claim

With countless distracted, reckless, and drunk motorists on California’s streets, stepping foot on the state’s tarmac is always a risky encounter. According to the California Office of Traffic Safety, 893 pedestrians were killed and a further 14,000 injured in 2018 alone. While these types of wrecks aren’t uncommon, few—if any of us—are prepared for what to do in the aftermath.

In this article, we examine a few important aspects of filing a personal injury claim and some steps you should take to help strengthen your case:

You Will Need Strong Evidence to Prove Liability

To you, it might seem like an open-and-shut case, but insurers will rarely settle a claim without a fight. Ultimately, the claims adjuster is tasked with finding any reason to reduce how much they have to pay out, so you will need to gather strong evidence to avoid or counter disputes throughout proceedings.  

Here are a few types of proof that could help you demonstrate liability: 

  • Expert witness deposition 
  • Photographs of the accident scene 
  • Pictures of your injuries 
  • Surveillance camera and dashcam footage 
  • The official police accident report 
  • Black box data 
  • Cellphone records 
  • Eyewitness statements

You Should Never Deviate from Your Treatment Plan

If you haven’t yet visited the doctor to undergo a comprehensive medical assessment, you should do so as soon as possible. Delaying a diagnosis could not only result in a potentially life-threatening condition going untreated but may also give the insurer room to dispute aspects of your case. For instance, the claims adjuster could assert that your injuries aren’t as serious as you claim as you didn’t require urgent care. Alternatively, they may argue that you were hurt in a different incident as the date of your doctor’s visit doesn’t correspond with the date of the accident. 

Once you’ve received a diagnosis, you will need to make sure you stick to your treatment plan. Signs that you deviated from your healthcare provider’s instructions could lead to disputes. For example, the insurer might assert that your negligent actions caused your condition to deteriorate. In such situations, you may be held liable for a portion of your losses.

You Should Not Provide a Recorded Statement

After you’ve reported the accident, it’s likely the insurance company will reach out to you to request a recorded statement. However, until you’ve had a chance to investigate the wreck and take stock of your damages, it’s possible you may say something inaccurate or untrue during this interview. Thankfully, a skilled personal injury lawyer can oversee all dialogue with opposing parties so you won’t have to worry about making statements that might hurt your personal injury case. 

Speak to a Pedestrian Accident Lawyer in California Today 

If you were hurt in a collision involving a motorist, turn to the pedestrian accident attorneys at HPIL. We have decades of collective experience overseeing personal injury claims in the state equipping us with the knowledge and resources necessary to provide personalized representation. Dial 1-800-GO-HARRIS or send us a message using our contact form HERE to request a free case assessment.