What Happens If Your Car Hits a Pedestrian?
Suppose you were riding home after a long day at work, and suddenly a boy runs out to the middle of the road.
You try hard to stop in time, but unfortunately, you hit the child.
You, at one end, start panicking, and on the other hand, wonder about the consequences you have to face. The worry is even more if the child is gravely injured.
You must know that depending on who’s at fault; there are three possible outcomes for such cases. An expert Glendale auto accident lawyer is the best person to help you in either situation.
What If You’re an At-Fault Driver Against a Pedestrian in a Car Accident
You’re liable for the pedestrian’s injuries if you’re at fault in the road accident. It means that your negligence caused the accident as the pedestrian was abiding by road rules.
In such a case, you need to pay the victim the following through personal injury compensation:
- The victim’s medical expenses
- Lost Wages
- Pain and Suffering
- Property Damages
- And Other Expenses of the Pedestrian Due to the Accident.
However, the injured pedestrian must prove that you’re at fault for the accident. That means they should provide enough evidence and witness statements in their compensation claim or personal injury case.
Your car insurance will pay the compensation if it’s clear that the accident is your fault. If your insurance coverage is not enough, you should pay the remaining amount with out-of-pocket money.
Moreover, you’re likely to face charges when the pedestrian dies because of the accident. You will also face charges if you flee from the scene, even if the pedestrian is still alive.
That’s why the best thing to do is stop your car and call the authorities to avoid criminal charges. You only need to worry about covering the compensation in such a case.
What If the Pedestrian Is At-Fault in the Road Accident
Sometimes it is the pedestrian’s negligence that can lead to an accident. For example, they may have violated road regulations while you were carefully driving your car.
In such a situation, you generally don’t need to pay any compensation to the pedestrian. It’s even possible that the pedestrian may be liable to pay for damages or injuries.
For example, suppose you were driving your car when a pedestrian crossed the wrong side of the street. While you may have instinctively hit the brakes, your vehicle swirls and crashes into another car. In this case, the pedestrian is responsible for paying damages caused to both vehicles involved in the accident.
What If You and the Pedestrian Are At-Fault for the Accident
Remember that California law follows Comparative Fault or Comparative negligence for road accident cases. That means that you and the pedestrian may have to share fault for the accident in some cases.
For example, you were drunk when you hit a jaywalking pedestrian. In such a case, the judge assigns an amount for each at-fault party to pay. This will, in turn, affect the compensation amount you will have to pay the pedestrian.
Let’s say the court ruled you’re 70% at fault for the accident, and the pedestrian is 30% at fault. If the compensation is $10,000, you only need to pay $7,000. The pedestrian would cover the remaining $3,000 since they are 30% at fault.
That is why it is essential to hire a reliable attorney to defend you in such a case. They can help minimize your liabilities, which is vital to decrease the compensation you need to pay. The best lawyer can also prove that the pedestrian was fully at-fault when possible.
Call an Auto Accident Attorney in Glendale When Your Car Hits a Pedestrian
Regardless of the consequence, call a Glendale auto accident lawyer when you hit a pedestrian with your car. They will be ready to guide you through the case and defend you in court.