It was a day like any other day. You get to a busy intersection and hit the crossing signal, and patiently wait for the “walk” signal that tells you the close is clear. After a bit of a wait, you finally see the white outline of a person flash across the street from you and you begin to cross the street. On the periphery of your vision, you see a blur speeding towards you, but it is already too late. Before you know it you are struck by a speeding vehicle, and now are in serious pain. Now what?
Contact The Law Offices of Elliott Kanter at (619) 330-5881 to schedule a free consultation today.
Compensation for Damages
If you suffer damages, be them physical, psychological, or another type of damage, you should receive compensation. The compensation will allow you to get the medical attention you need, covering any expenses stemming from the accident. While you clearly did nothing wrong and deserve compensation, collecting a claim can get a little complicated.
Damages From the Driver’s Auto Insurance
In most cases, you will file a claim with the auto insurance of the car that struck you. Drivers are required to carry a valid insurance in California, so as long as you got the information from the at fault driver their insurance should cover damages. Regardless of your insurance coverage, you should get compensation if the driver has adequate insurance. However, what if the driver who is at fault does not have auto insurance?
Driver Does Not Have Insurance
If the driver does not have insurance, then you may have to turn to your own auto insurance company to use their Uninsured Motorist Coverage (UIM) or no fault coverage, which will compensate you for your losses.
What if the Pedestrian Contributed to the Accident?
If the pedestrian is either partially or completely at fault, the driver may not be required to compensate the injured party for all damages. Depending on the distribution of fault, the driver will either pay a portion of the compensation for damages or none at all.
Get an Experienced Attorney to Help With Pedestrian Injuries
Regardless of the circumstances, if you are a pedestrian that has been struck by a driver or are a driver who accidentally struck a pedestrian, you need an experienced attorney to help. Find a lawyer with experience in both personal injury and auto accident cases, as they will know exactly what to do to get you the maximum account of compensation from the parties at fault.
San Diego Auto Accident & Personal Injury Attorney
Get the help you need with assistance from The Law Firm of Elliott Kanter. Our team of personal injury and auto accident attorneys will listen to your description of the case and suggest to you the best action to take next. If you are struck by a car while crossing the street in San Diego, contact Elliott Kanter Criminal Defense and Personal Injury Law Firm today. We can bring you in for a free consultation and help determine how to get the compensation you deserve. For more information, give us a call at (619) 330-5881.