Whether you walk for your health or to enjoy the mild San Jose weather, you have as much right to use the roadways as drivers. Despite your rights as a pedestrian, being on foot puts you at a higher risk of serious injury in an accident. With no protection from impact with a vehicle or the road, pedestrians are more likely to suffer from head trauma, spinal cord injuries, broken bones, or internal injuries. Such injuries typically require extensive medical care and long recovery times.
If you were hit by a car while on foot, you may be able to file a compensation claim for expenses such as medical costs and lost wages. However, filing a pedestrian accident case in San Jose can be complicated. A skilled pedestrian car accident attorney can help you file your claim and guide you through the legal process of getting the compensation you deserve.
How Can I File a Claim for Damages?
A pedestrian injured by a negligent driver can file a claim against the driver for damages related to the injury. When possible, the process should begin immediately after the accident.
- If injuries permit, get out of the flow of traffic
- Call 911 to report the accident and request emergency medical assistance
- Document the scene with photographs from multiple angles, including the driver’s license plate and visible injuries
- Ask witnesses for contact information
- File a claim with the driver’s insurance company
- Know when to contact a pedestrian accident attorney
A pedestrian accident attorney can help injured victims at any point in the process to avoid mistakes that can invalidate a claim or result in an inaccurate settlement. A skilled lawyer can help gather evidence, ensure paperwork is filed correctly, and calculate and negotiate for an accurate settlement.
What Pedestrians Should Know About Filing Injury Claims
Unfortunately, filing a claim for damages in a pedestrian accident is not always easy. Errors, missed deadlines, and inexperienced negotiations can invalidate a claim. The following tips can help victims get a fair settlement.
Avoid the First Settlement Offer
Insurance companies always try to save money when paying a claim. Early settlement offers are typically much lower than a claim’s full value. They are also often too early for the full scope of injuries to be reported. A skilled attorney will negotiate with insurance companies on a victim’s behalf.
Evidence is the Best Way to Support a Claim
Pedestrian accident lawyers use several types of evidence to prove driver negligence and the value of a claim. Photos from the scene, medical reports, invoices from medical treatments, and witness testimony can all be used to prove the value of a claim.
A Time Limit Exists for Filing a Claim
The statute of limitations for filing an injury claim in California is usually two years from the date of the accident. Failure to take action immediately after the accident or errors in the filing process can lead to delays that invalidate a claim.
Talk to Our Skilled Pedestrian Accident Lawyers About Filing a Claim
If you or a loved one was hit by a car while on foot, understanding the requirements of filing a pedestrian accident case in San Jose can help you get the compensation you deserve after an injury. Working with the right pedestrian accident attorney can also improve the likelihood of a successful claim. The skilled attorneys at Valero Law Group support clients throughout the claims process, negotiate fiercely for fair compensation, and are not afraid to go to trial when necessary. We do not get paid until your claim reaches a favorable result. Contact us today to schedule your consultation.
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