Do you need to know what happens if you hit a pedestrian with your car in Los Angeles, CA? You can use this article to go over the possible consequences of hitting a pedestrian with a motor vehicle. Consider:
- What to do immediately after striking the pedestrian
- Possible criminal charges for hitting a pedestrian
- Your legal options to handle accusations that you hit a pedestrian
Work with the Los Angeles traffic violations lawyers at Simmrin Law Group to defend yourself if you are accused of striking a pedestrian with your vehicle. Our law firm provides a complimentary session upon scheduling an initial consultation.
What to Avoid After Hitting a Pedestrian in California
After hitting a pedestrian in California, it is crucial to handle the situation responsibly and avoid certain actions that could potentially complicate matters. Here are some things to avoid:
- Leaving the Scene: Never leave the accident scene before fulfilling your legal obligations. Stay at the scene, provide necessary assistance, and wait for law enforcement to arrive.
- Admitting Fault: Avoid making any statements that could be interpreted as an admission of fault, even apologizing. It’s essential to refrain from discussing fault or liability with the pedestrian, witnesses, or anyone else at the scene.
- Neglecting to Call for Help: Promptly call emergency services to report the accident and request medical assistance for the injured pedestrian. Their well-being should be a top priority.
- Failing to Gather Information: Ensure you collect essential information from the pedestrian involved, such as their name, contact details, and insurance information. Additionally, gather contact information from any witnesses present.
- Not Reporting the Accident: In California, it is generally required to report a car accident involving injury, death, or property damage exceeding a certain threshold.
- Delaying Notifying Your Insurance Company: Promptly notify your insurance company about the accident, providing accurate details of what happened. Failure to report the incident in a timely manner may complicate your claim.
- Discussing the Accident on Social Media: Refrain from posting about the accident or discussing it on social media platforms. Insurance companies and legal representatives may use such information against you during the claims process or any subsequent legal proceedings.
- Taking Responsibility Without Legal Guidance: Avoid accepting responsibility or making settlements without consulting an experienced lawyer. Law firms like ours can provide guidance, protect your rights, and ensure you receive fair treatment.
Remember, seeking legal advice from a qualified attorney with experience in traffic violation law in California is highly recommended. We recommend that you get legal help as quickly as possible if you hit a pedestrian in Los Angeles. You can start getting help from the Simmrin Law Group now.
For a free legal consultation, call (626) 709-2523
California Law Regarding Pedestrian-Car Accidents
Pedestrian accidents in Los Angeles can be very serious. Pedestrians have no defenses if they get struck by a motor vehicle, which means they can be badly hurt. As previously mentioned, you are legally required to report any motor vehicle collision that results in an injury.
According to CVC § 20008, if an accident leads to injury or death, the driver must report the incident and file a written report to the California Highway Patrol (CHP) or local police within 24 hours. If a police officer responds to the accident, they will handle the report.
Secondly, CVC § 16000 mandates that any accident resulting in injury, death, or property damage exceeding $1,000 must be reported to the California Department of Motor Vehicles (DMV) within 10 days.
By adhering to these reporting laws, individuals involved in car accidents in which a pedestrian was hit can fulfill their legal obligations, which could positively impact their case if charged or sued.
Will My Insurance Rate Increase if I Hit a Pedestrian with My Car?
Sometimes, pedestrian accidents result in relatively minor injuries. In this situation, you may want to allow your insurance company to handle the pedestrian’s claim. Your insurance will likely go up if you strike a pedestrian with your vehicle.
However, the pedestrian may also sue you in civil court to seek additional compensation. In this case, it’s important that you get professional help from a traffic violations lawyer in Los Angeles. The team at the Simmrin Law Group can work to defend you right now.
We can work to show that the pedestrian was partially responsible for the accident. We can even demonstrate that the pedestrian’s injuries were not directly tied to the collision in some situations. Contact us now to find out more.
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Am I Responsible for Paying for the Pedestrian’s Injuries and Damages?
When involved in a car accident where a pedestrian is hit, the question of responsibility for the pedestrian’s injuries and damages arises. As the driver, you may be held liable for the harm caused. This includes covering the costs of medical care, such as treatment for internal injuries, broken bones, brain injuries, and any necessary physical therapy.
Depending on the circumstances, you may also be responsible for punitive damages if your conduct is deemed particularly negligent or reckless. To ensure a fair settlement and protect your rights, consult with a Los Angeles pedestrian accident attorney who can assess your case and guide you through the process of a potential personal injury claim or lawsuit for damages.
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Could I Face Criminal Charges for Hitting a Pedestrian in California?
You should be aware that you could face criminal charges if you strike a pedestrian with your vehicle. In many cases, you could be charged with reckless driving. Anytime a driver operates a car in a way that shows reckless disregard for the safety of others, reckless driving charges may apply.
A reckless driving lawyer in Los Angeles can work to defend you in this situation. The team at the Simmrin Law Group can take steps to investigate your case. We can work to establish that you were reasonably operating your vehicle. Note that if you are convicted of reckless driving, you could face:
- Fines
- Jail time
- A period of probation
If the pedestrian is killed after they are struck by your vehicle, the penalties you face can increase substantially. Get ready to handle this situation by calling us.
How Negligence Is Proven in a Pedestrian-Car Accident
In a pedestrian-car collision, proving negligence involves establishing that the driver failed to meet their duty of care towards the pedestrian. A key element is determining whether the pedestrian was crossing within a marked crosswalk, as this can impact the allocation of fault.
The Simmrin Law Group successfully manages pedestrian-car accident cases, protecting drivers from harsh penalties. We gather and assess evidence and evaluate whether you failed to exercise reasonable care or if the pedestrian shared fault. Our experienced team may be able to help you avoid months in prison or lessen your criminal liability.
Comparative Negligence May Apply if You Hit a Pedestrian in Los Angeles
In many pedestrian accident cases, the pedestrian may try to blame you completely for the accident. However, the pedestrian may share a portion of responsibility for the collision. For example, a lawyer may be able to show that the pedestrian:
- Jaywalked in front of you without looking
- Stepped into the road while distracted by a phone
- Moved behind you in a parking lot without warning
- Walked into an unmarked crosswalk
In California, pedestrians are required to act responsibly. If they are partially at fault for an accident, comparative fault law comes into play. Comparative negligence can be used to split responsibility for an accident into different percentages.
You may need to offer a smaller amount of compensation to the pedestrian if they are partially responsible for the accident. If they are more than 50% responsible, you may not owe them anything. In fact, if the accident damages your vehicle, they may be required to reimburse you for part of the damage based on their percentage of liability.
The Time Requirement of Contacting a Criminal Defense Lawyer for a Pedestrian Accident
Your best defense against any ramifications of hitting a pedestrian with your car is to contact an experienced Los Angeles pedestrian accident lawyer as soon as possible. The sooner our attorneys can get to work, the better suited they will be to build a strong case.
Whether you are facing criminal charges or the potential of a civil lawsuit, your attorney can gather evidence and speak to witnesses as they attempt to help you avoid the worst consequences.
Additionally, you may be interested in filing a lawsuit of your own if the actions of the pedestrian resulted in your accident. Hitting a person with your car can cause damage to your vehicle and even result in injuries to yourself or your passengers. If the pedestrian was at fault, you can seek compensation for your damages.
Call a Lawyer if You Hit a Pedestrian with Your Car in California
What happens if you hit a pedestrian with your car in Los Angeles, CA? You could face criminal charges, heavy fines, and other serious repercussions. Get help moving forward in this situation by contacting the Simmrin Law Group to get a free initial case evaluation.
Contact our traffic violations lawyers in Los Angeles and schedule a risk-free consultation with our law firm to begin working on your case immediately.
Call or text (626) 709-2523 or complete a Free Case Evaluation form