Hitting someone with a car is a life-changing event. Even at low speeds, the impact can cause serious injuries, permanent disabilities, or even death. That’s why it’s important to know what to do if you hit a pedestrian with your car. When you hit someone with your car, you become at risk of facing serious legal repercussions depending on the circumstances responsible for the accident.
Have you been involved in a car accident? At Hillguard Injury Lawyers, we are devoted to helping in personal injury cases and bringing justice to California residents in the aftermath of a pedestrian accident. With over a decade of experience, our injury attorneys will help you navigate the complexities that come with being in a car accident. Contact us today for award-winning legal representation.
This post will discuss the immediate legal and safety steps to take after hitting a pedestrian, as well as how experienced personal injury lawyers can help safeguard your rights.
What to Do Right After You Hit Someone With Your Car?
If you hit a pedestrian with your car, the first step is to stop your vehicle immediately, turn on the hazard lights, and make sure the area is as safe as possible. Check on the injured pedestrian promptly and call emergency services (such as 911 or the local authorities).
Clearly explain the situation. Highlight the wounded pedestrian’s condition and any dangers at the scene of the car accident. Follow the dispatcher’s instructions until help arrives. Don’t move the victim unless there are life-threatening dangers present; such actions could worsen the injuries. Exchange contact information with all parties when emergency services arrive.
If there are any witnesses, politely request their contact details as well, as their statements may be valuable later. You must also stay at the location where the accident occurred, according to The California Vehicle Code. Leaving the scene after you hit someone with your car is considered a criminal offense that bears severe consequences.
Finally, before speaking to insurance companies or giving any official statements, contact a personal injury lawyer. Experienced attorneys guarantee the appropriate protection of your rights. We can guide you through the process, help you avoid costly mistakes, and work to secure the best possible outcome for your case.
What Are the Legal Consequences of Hitting Someone With Your Car?
Pedestrian accidents can occur unexpectedly and often result in significant legal and personal challenges. When a vehicle hits someone, the consequences extend beyond physical injury; the driver potentially faces legal repercussions, civil liability, and insurance complications. Being aware of these potential outcomes is crucial for navigating the legal process effectively and safeguarding your rights.
Reporting the Accident to the Police:
If you hit someone with your car, you will face serious legal consequences. Hence, the first step in protecting yourself is to report the incident. Call the police immediately, as failure to do so can obstruct the investigation and lead to additional charges, including hit-and-run violations.
Remain at the scene until officers arrive. When speaking with the responding police officer, be objective without guessing or assigning blame. The police will prepare an official report, which becomes crucial evidence for determining liability, handling insurance claims, and addressing any potential criminal charges.
Determining Liability and Fault:
In most cases, drivers are typically considered at fault if they hit a pedestrian, as pedestrians generally have the right of way. Both pedestrians and drivers are expected to yield the right of way, as defined by traffic laws. Most car accidents involving pedestrians do not result in legal action against the driver unless the accident was caused by reckless behavior.
By assessing actions such as speeding, distracted driving, or driving under the influence, authorities might form conclusions. This also encompasses pedestrian behavior, including jaywalking or disregarding traffic signals. These assessments determine whether you will face civil liability or severe legal consequences, especially if they lead to a person’s death.
Difference Between Civil Liability and Criminal Charges:
Civil liability aims to compensate the injured party for damages, including medical expenses, lost wages, and pain and suffering. The injured pedestrian or their family can file a lawsuit to recover these damages, and the outcome usually hinges on proving negligence on the part of the driver.
Criminal charges, on the other hand, seek to punish behaviors that break the law, such as driving drunk or reckless driving. Prosecutors handle these cases, and penalties can include fines, probation, and incarceration. In some cases, you might face both civil and criminal proceedings for the same accident.
Common Charges:
If you hit someone with your car, prosecutors can file charges depending on the circumstances. Driving under the influence (DUI) can lead to a prosecutor filing criminal charges against you, even if the pedestrian survives. Reckless driving charges apply when you operate your vehicle with a blatant disregard for safety, such as speeding through a crowded crosswalk.
Traffic infractions, such as running a stop sign, will result in fines and the possible suspension of the at-fault driver’s license due to negligence. This happens especially when they lead to serious injuries to a pedestrian in an accident.
The family of the victim could launch vehicular manslaughter charges on the grounds of wrongful death. Each charge has its own set of legal penalties, which can include substantial fines or lengthy prison terms.
Possible Penalties (Fines):
Courts can impose hefty fines that strain your finances and disrupt your daily life. A conviction can result in license suspension, potentially preventing you from driving for months or even years. In severe cases, it might also result in imprisonment.
The severity of these penalties varies based on the nature of the offense. Drivers who cause pedestrian deaths could be charged with involuntary manslaughter if negligent.
Importance of Legal Representation:
A skilled lawyer can protect your rights, handle complex legal processes, and build a strong defense for your case. They can negotiate with insurance companies to prevent unfair settlement offers and challenge damaging evidence.
Having an experienced attorney improves your chances of achieving the best possible outcome after an accident. Injured pedestrians can sue drivers for civil damages regardless of criminal charges, so an experienced lawyer can help manage such situations.
The Insurance Claim Process:
Notify your insurance company promptly about the accident and provide detailed information about what happened. The insurer will investigate the claim, review the police report, assess damages, and examine medical records.
Fully cooperating and avoiding statements that admit fault can safeguard your interests. A lawyer can manage communication with the driver’s insurance company, ensure correct documentation, and help secure fair compensation for injuries, property damage, and other losses.
Potential Civil Lawsuits for Damages and Injuries:
The injured party may sue you to recover damages for medical expenses, lost wages, pain, suffering, and other losses. If the accident resulted in serious or permanent injuries, a personal injury lawsuit could seek substantial financial compensation.
Your lawyer can collect evidence, contest inflated claims, and negotiate settlements to safeguard your financial interests and legal position. Failing to respond to a lawsuit or defending yourself inadequately can result in a court judgment against you, which may lead to the seizure of your assets.
Importance of Consulting a Lawyer:
A lawyer offers essential legal advice to safeguard your rights and avoid costly mistakes after a pedestrian accident. They assess your case, explain applicable laws, and develop strategies to handle both criminal and civil issues.
An experienced attorney can negotiate with insurance companies and challenge unjust fault determinations. Attorneys represent you in court if you are criminally charged, and they aim to reduce penalties and protect your financial interests in a bid to achieve the best possible result for you.
Can You Go to Jail for Hitting Someone With Your Car?
Some pedestrian accidents can result in jail time, based on the circumstances. In California, you can go to jail for hitting someone with your car, depending on the details of how the accident happened. For instance, driving under the influence, speeding excessively in a pedestrian zone, or fleeing the scene can quickly turn a traffic incident into a criminal case where you can face criminal charges.
Causing serious injury or death to a pedestrian can lead to criminal charges. The severity of those charges is shaped by several factors, including your level of intent, the degree of negligence involved, and whether you were violating any traffic laws at the time.
Intentional harm or reckless disregard for safety often leads to harsher penalties. An accident caused by brief inattention may lead to charges, but they are usually less severe than those for gross negligence or misconduct.
When a pedestrian is killed, prosecutors often go for the vehicular manslaughter charge. This could lead to lengthy prison sentences, particularly if the driver at fault happened to be intoxicated or reckless at the time of the incident.
How Does Hitting Someone Affect Their Health and Finances?
The aftermath of an accident involving a pedestrian is usually severe. Physically, the person may face anything from minor bruises to life-threatening trauma. Victims have the right to sue the at-fault drivers who endanger them for driving recklessly.
Medical bills for emergency care, surgeries, and rehabilitation can be pretty costly. If the victim cannot work during recovery, lost income creates additional stress. Long-term care costs, like physical therapy and mobility aids, can deplete resources over time. Car-pedestrian accidents allow victims to seek compensation for hospital bills, follow-up treatments, and lost wages from the parties involved.
How Fault is Determined in a Vehicle-Pedestrian Accident:
Determining fault in a situation where you hit a pedestrian primarily relies on evidence gathered by police and insurance companies. CCTV footage and surveillance videos often bring clarity to the situation upon review, as these recordings may help identify vehicle positions, pedestrian movements, and traffic violations, which are crucial in establishing who was at fault in the accidents.
It’s crucial to secure footage quickly, as businesses or city agencies might delete it later. Crossing outside crosswalks or ignoring signals weakens a pedestrian’s case, while distracted or speeding drivers increase liability. In states with comparative negligence laws, fault can be shared, and compensation may be reduced. Knowing your state’s laws can significantly impact the outcome of your case.
What Does Insurance Cover After Hitting Someone?
When you hit a pedestrian, most insurance claims result in an injury claim settlement following negotiations. Liability coverage typically pays for the injured person’s medical expenses, lost wages, and other damages if you are at fault. Insurance coverage during a pedestrian accident will depend on the driver’s specific insurance policy.
Insurance companies usually investigate pedestrian-related claims by assessing the accident, gathering statements, reviewing police reports, and examining evidence to determine fault and damages. Being honest and consistent during this process can help avoid delays or disputes.
Your insurance policy may cover the pedestrian’s property damage, medical expenses, lost wages, pain and suffering, and other damages. If settlement negotiations fail, injured pedestrians might have to file a personal injury claim.
How Can I Protect Myself Legally After a Pedestrian Car Accident?
After a pedestrian accident, stay at the scene, contact emergency services, and cooperate with authorities. Don’t admit fault, speculate about the incident, or argue with bystanders. Your words can be recorded and used against you, so you want to protect yourself against that. Keep communication factual and brief. When safe, notify your insurance quickly. Early notification shows cooperation and prevents coverage issues.
Hire a personal injury or criminal defense lawyer for serious injuries or charges. They assist with law enforcement interviews, negotiate with insurers, and protect your rights. Keep detailed records of everything, including photographs, witness contact information, medical records, repair estimates, and all communications. Saved documents can support your case if it goes to court.
Do You Need a Lawyer If You Hit Someone With Your Car?
While not every accident will make you face criminal charges or a lawsuit, there are many situations where legal representation is highly advisable. If the pedestrian was seriously injured or if any traffic offenses contributed to the incident, having an attorney by your side can be beneficial.
A lawyer explains your state’s laws, assists in understanding liabilities, and guides you on how to respond to the authorities. They will also review your insurance information and support you with court hearings. Your lawyer prepares your defense, represents you, and aims to reduce penalties or losses in court. With legal support, you can handle the aftermath of a pedestrian accident while focusing on resolving the situation and protecting your future.
Worried About Legal Issues After a Pedestrian Accident?
A pedestrian accident can have a profound impact on lives. If you are worried about the legal consequences, then prioritizing safety by seeking medical help immediately is the best course of action. If you are ever involved in such a situation, first of all, ensure that the victim is in a state of reasonable care. Try to be highly aware of everything happening so you can document it, especially the witnesses’ phone numbers afterward.
Remember that in California, where our office is located, it is a crime to leave the scene of an accident. Stay at the scene, cooperate with authorities, and notify your insurance. Most importantly, seek legal advice quickly. Acting fast improves your case and prevents costly mistakes.
Not sure what to do next if you hit someone with your car? In situations like these, timing and choosing the right course of action are crucial. We know how overwhelming these moments can be, which is why we at Hillguard Injury Lawyers are here to help you through each step. Reach out to book a free consultation and discover how we can support you today.
Frequently Asked Questions
If you’ve been in a car accident and you’ve hit a pedestrian, it’s normal to feel shaken and unsure about what actions to take in the immediate aftermath. This FAQ section will help you understand the legal, safety, and insurance steps involved, so you know your responsibilities and what to do next.
Do I Need a Lawyer for a Personal Injury Claim?
Yes. While you are not legally required to hire a lawyer for a personal injury claim, having one significantly improves your chances of receiving fair compensation. According to the Insurance Research Council, injury victims with legal representation receive settlements up to 3.5 times higher than those without a lawyer.
What Is the Penalty for Hitting Someone With a Car?
Penalties vary depending on the case, from fines and license suspensions to severe charges in cases of negligence or reckless driving. In serious injury or fatal accidents, charges may escalate to vehicular manslaughter or felony hit-and-run. For instance, according to the California Vehicle Code, leaving the scene of an injury crash can lead to a prison sentence of up to four years.
Should I Get a Personal Injury Lawyer After a Car Accident Involving a Pedestrian?
Yes, it’s highly advisable to consult personal injury lawyers after any car accidents, particularly if you’ve injured a pedestrian. An attorney can collect evidence, negotiate with insurance providers, and assist in obtaining fair compensation for medical costs, lost income, and other expenses you may not immediately recognize as your rights.
What Happens When Someone Files a Bodily Injury Claim?
When someone files a bodily injury claim, they are requesting compensation for physical injuries resulting from an accident. The process typically includes an investigation, collecting medical records, and negotiating with the at-fault party’s insurance company. This may result in a settlement or, if unresolved, escalate to a lawsuit in civil court.
Can Someone Sue the At-Fault Driver for Accidentally Hitting Them With a Car?
Yes, an at-fault driver can be sued even if the collision was unintentional. If the injured pedestrian can prove negligence, they may seek compensation for medical costs, lost wages, and other damages via a personal injury claim or insurance settlement. They can even go so far as to have their attorney file criminal charges against the driver.
Is the Pedestrian Ever at Fault in Car-Pedestrian Accidents?
Pedestrians can be at fault when such an incident occurs if their behavior contributes to them getting accidentally hit. This includes actions like jaywalking, crossing against a traffic signal, suddenly entering the roadway, or being under the influence, all of which may reduce the driver’s liability.
What if There Are Multiple Drivers Involved in the Case of Hitting a Pedestrian?
When several drivers are involved in hitting a pedestrian, their liability is allocated based on their degree of fault. Compensation is then distributed according to the guidelines established by State Negligence Laws.
What if the Accident Involves More Than One Pedestrian?
If an accident involves multiple pedestrians, the pedestrians are entitled to separate claims. The claim is handled individually based on each individual’s injuries and share of blame in the accident. According to California’s Laws on pure comparative negligence, compensation is reduced by the percentage of fault assigned to each injured party.
