Los Angeles is a terrifying and intimidating place to walk or run, and getting hit by a car is frightening and overwhelming. In addition to having multiple concerns regarding your legal rights, you can be suffering from injuries that are quite painful. Attempt to maintain your composure and be aware of your legal rights if you are a California pedestrian who has been hurt. During a free consultation, an Los Angeles pedestrian accident attorney who specializes in pedestrian accidents can go over your rights in great detail.
What is the guilt of each party?
California routinely has the highest annual rate of pedestrian-vehicle collisions in the country. According to the California Office of Traffic Safety, eight hundred ninety-three pedestrians died in highway accidents in 2018. Additionally, statistics revealed that 6,363 pedestrians were hurt or killed in LA County alone in 2018.
Because they frequently entitle victims to financial compensation, California’s liability rules are crucial for injured pedestrians to comprehend. The primary liability law that governs collisions involving pedestrians in California is its tort-based insurance law. According to this law, the tortfeasor who caused the accident will be held financially liable for damages through their insurer.
If a driver was negligent and caused your collisions, such as by texting and driving, that driver will be responsible for covering your damages through their insurance company. In contrast, under a no-fault system, you would be allowed to sue your own insurance company even if you had done nothing wrong.
Steps for Making an Insurance Claim After a Pedestrian Accident
You or your lawyer will submit a claim to the insurance company of the party you suspect to be at fault for your pedestrian accident, whether that party is a driver or another person. Contact the at-fault party’s insurance provider to report the accident and begin the insurance claims procedure. After then, you can request insurance with the aid of your attorney.
The demand letter should include a description of the pedestrian accident, justification for your contention that the defendant is liable under the law, and a list of the monetary and non-monetary damages you are claiming. Written clearly and concisely, the letter should be. Your ability to sue the insurance provider in court, if necessary, should be made clear. It should also mention that you have retained legal counsel.