A Guide For Those Exploring Their Options After The Accident
If you’ve been hit by a car as a biker or pedestrian in California, the shock, pain, and confusion that follow can make it hard to know what to do next. Maybe you called 911, gathered evidence, and filed a police report right after the accident, or perhaps you were too injured, disoriented, or overwhelmed to take those steps at the time. Either way, it’s never too late to understand your legal options and take steps to protect your rights.
As a personal injury lawyer in California, I’ve helped many people in your situation get the compensation they deserve. Whether you’ve already taken some of the necessary steps or are starting from scratch, this guide will help you navigate what to do now that the accident has occurred.
“What If I Didn’t Call 911 or File a Police Report?”
If you weren’t able to call 911 or file a police report at the scene, don’t worry – it doesn’t mean you’ve lost your chance for compensation. While having a police report can make the claims process smoother, it’s still possible to pursue a case without one. If you didn’t get medical help right away, your first step now should be to seek medical attention if you haven’t already.
Get Medical Documentation: Even if it’s been some time since the accident, you can still document your injuries by visiting a doctor. This medical record will help link your injuries to the accident and support your claim. If you’ve already seen a doctor, make sure to gather all medical records related to your treatment.
Report the Accident to the Police Later: If you didn’t file a report at the time of the accident, you may still be able to report it afterward. While this won’t be an official report from the scene, it can still help create a record of the event.
Assessing Your Injuries: Medical Care Is Key
Whether you received treatment immediately after the accident or delayed seeing a doctor, getting comprehensive medical care is essential. Even if you’re starting this process days or weeks later, it’s never too late to prioritize your health and gather medical evidence.
It’s crucial that you follow up on any injuries you suffered. If you’ve already sought initial treatment, ensure that you continue to follow your doctor’s advice. Keep detailed records of all medical appointments, treatments, and prescribed medications. This documentation will play a critical role in your personal injury case, especially if you are dealing with ongoing care or rehabilitation.
If you feel like your injuries weren’t fully addressed, consider seeking a second medical opinion. Some injuries, such as traumatic brain injuries or soft tissue damage, may not be immediately apparent and could require further investigation.
Gathering Evidence: Even If You Weren’t Able To Document Evidence At The Scene Of Your Accident, It’s Still Possible to Build a Case
If you were able to collect information at the scene – such as photos, witness contact information, or the driver’s details – you’re ahead of the game. But if you weren’t able to gather evidence due to injury or shock, there are still ways to build your case after the fact. For example:
- Request the Police Report: If you did call 911 and file a police report, make sure to get a copy. This report can provide crucial evidence about how the accident happened, especially if the driver admitted fault or witnesses corroborated your account.
- Surveillance Footage: Even if you didn’t get photos or videos yourself, there might be surveillance cameras nearby that captured the accident. An experienced personal injury attorney can help you request footage from local businesses or traffic cameras that might provide additional evidence.
- Witnesses: If you didn’t get witness information at the time, you can still work with your lawyer to track down any witnesses through police reports or by revisiting the accident scene.
“What If I’ve Already Spoken to the Insurance Company?”
Many people make the mistake of speaking to the at-fault driver’s insurance company before seeking legal advice. If you’ve already done this, don’t panic – but stop engaging with the insurance company until you’ve consulted a personal injury lawyer.
The reason for this is that the insurance adjusters are not on your side. Even if the adjuster seemed sympathetic or helpful, their primary goal is to minimize the payout. They may have tried to get you to settle quickly, often for less than what your injuries are worth.
Don’t accept an offer if you haven’t spoken to an attorney yet! An experienced personal injury lawyer can help assess whether the settlement is fair and negotiate for better compensation if it’s not.
Building Your Personal Injury Case
Regardless of how much evidence you were able to collect at the time of the accident, your personal injury lawyer will help you gather additional documentation and build a strong case. Here’s how the process works:
1. Investigating the Accident: Your lawyer will conduct a thorough investigation, which may include reviewing medical records, gathering witness testimony, obtaining police reports, and even hiring accident reconstruction experts if necessary.
2. Documenting Damages: Damages in a personal injury case aren’t limited to medical bills. Your lawyer will also help you document lost wages, pain and suffering, and any long-term impacts on your quality of life.
3. Negotiating with Insurance: Most personal injury cases settle out of court, and your lawyer will negotiate with the insurance company on your behalf. If you were contacted by an adjuster or offered a settlement, your lawyer will help determine whether it’s a fair offer and, if not, negotiate for more.
“What If I Was Partially At Fault For The Accident?”
Even if you were partially at fault – like if you crossed the road outside of a crosswalk or you weren’t wearing a helmet – you can still recover compensation. California follows a “comparative negligence” rule, meaning your compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault, you can still recover 80% of your damages.
Trust Karpel Law Firm To Help You Get Paid! You Deserve Justice.
Whether you did everything by the book after your accident or were unable to gather evidence due to your injuries, you still have options for seeking compensation. The most important thing is to prioritize your health and consult with our experienced accident injury lawyers who can guide you through the legal process! With decades of collective practical experience, we know how to investigate thoroughly and build the strongest possible case. We won’t let the insurance company play games that provoke you into giving up.
If you’ve been hit by a car in California, don’t hesitate to reach out for a free consultation. We can help you understand your rights, gather the necessary evidence, and fight for the compensation you deserve.