If a car hits you in Wilmington, get to safety, call 911, seek medical care, and preserve evidence if you can. Avoid discussing fault or accepting an insurance settlement before you know the extent of your injuries.
If you are hit by a car in Wilmington, move out of traffic if you can do so safely, call 911, and get medical care. Collect the driver's information and preserve evidence, but do not argue about fault or give an insurer a recorded statement before getting legal advice. If your injuries prevent you from doing these things, your health comes first.
Protect Your Health and Your Rights
A pedestrian crash can leave you frightened, sore, and unsure what to do next. Some injuries are not obvious right away, so it is important to be examined and follow your medical provider's instructions.
Keep copies of medical records, bills, prescriptions, work notes, and messages from insurance companies. You can also keep a short journal describing your pain, sleep problems, physical limits, and missed activities.
Who May Be Responsible for a Pedestrian Crash?
A driver may be responsible if careless driving caused the collision. Examples can include speeding, failing to yield, turning without checking for pedestrians, distracted driving, or driving while impaired.
Responsibility depends on the evidence. Useful evidence may include photographs, video, witness information, vehicle damage, medical records, and statements made at the scene.
What if I was outside a crosswalk?
Being outside a marked crosswalk does not automatically erase your right to seek compensation. California uses pure comparative negligence, which means responsibility may be divided between everyone whose conduct contributed to the crash.
If you are found partly responsible, your compensation can be reduced by your share of fault. Insurers may use this rule to blame you, so avoid guessing about what happened or accepting blame at the scene.
What Compensation May Be Available?
The value of a Wilmington pedestrian accident claim depends on your specific losses and the available evidence. Important factors include the seriousness and duration of your injuries, medical costs, expected future treatment, lost income, reduced ability to work, pain, emotional harm, and the effect on your daily life.
Liability and insurance coverage also matter. A claim may be affected by disputed fault, the number of responsible parties, insurance policy limits, and whether another source of coverage applies.
Do not rush to settle while treatment is still underway. Once you sign a full release, you generally cannot return for more compensation if your condition becomes worse.
California Deadlines for Pedestrian Injury Claims
California generally gives you two years from the injury date to file a personal injury lawsuit (CCP §335.1). Missing the deadline can prevent you from recovering compensation, even if the driver was clearly at fault.
A much shorter deadline may apply when a public entity could be responsible. In many cases, a government claim must be presented within six months (Government Code §911.2). Special rules and exceptions can change the deadline, so it is wise to have the timing checked promptly.
Acting early also helps preserve evidence. Video can be erased, witnesses can become difficult to locate, and memories may fade.
What to Expect From the Insurance Company
An insurance adjuster may contact you soon after the crash and ask for a recorded statement. You can provide basic identifying information without agreeing to a detailed interview before you understand your injuries or obtain legal advice.
The insurer may also request broad access to your medical history or make an early settlement offer. Read every document carefully. An early offer may not account for future care, lost work, or lasting physical limits.
What to Do After a Crash
- Get out of immediate danger. Move to a safe place if you can do so without worsening your injuries.
- Call 911. Ask for emergency medical help and law enforcement. Do not leave because the driver asks to handle the matter privately.
- Accept medical care. Tell medical providers about every symptom, including head pain, dizziness, numbness, and pain that seems minor.
- Get the driver's details. If possible, collect the driver's name, contact information, license plate number, insurance information, and vehicle description.
- Preserve evidence. Photograph the scene, vehicle, roadway, traffic controls, visible injuries, shoes, and damaged belongings. Save any video and get contact information from witnesses.
- Avoid discussing fault. Do not apologize, speculate, or post details about the crash or your recovery on social media.
- Follow your treatment plan. Attend appointments and keep records of your medical care, expenses, missed work, and daily symptoms.
- Speak with a pedestrian accident lawyer. A lawyer can review fault, identify available insurance, preserve evidence, and track filing deadlines.
Frequently Asked Questions
Should I see a doctor if I feel okay after the crash?
Yes. Shock and adrenaline can hide pain, and some symptoms appear later. A prompt examination protects your health and creates a record connecting your condition to the collision.
What if the driver left the scene?
Call 911 and share every detail you remember about the vehicle, driver, and direction of travel. Preserve witness information and nearby video if possible; your own insurance coverage may also need to be reviewed.
Do I have a case if I was not in a crosswalk?
You may. California's pure comparative negligence rule allows compensation even when an injured person shares some fault, although the recovery is reduced by that person's percentage of responsibility.
Should I talk to the driver's insurance company?
You should be cautious. An adjuster may use a recorded statement to challenge your injuries or shift blame, so consider getting legal advice before discussing details or signing forms.
How long do I have to file a pedestrian accident claim?
California generally allows two years to file a personal injury lawsuit (CCP §335.1). If a public entity may be involved, a government claim may need to be presented within six months (Government Code §911.2).
What if I am partly responsible for being hit?
You may still recover compensation under California's pure comparative negligence rule. Your compensation would generally be reduced according to your share of fault.
What determines the value of my claim?
Key factors include injury severity, medical costs, future care, lost income, pain, lasting limits, evidence of fault, and available insurance coverage. No responsible evaluation can be made without reviewing your injuries and the facts of the crash.
Can I make a claim if the driver was uninsured?
Possibly. Your own policy or another applicable policy may provide uninsured motorist coverage, depending on its terms and the circumstances. A lawyer can review the available policies and notice requirements.
If you were hit by a car in Wilmington, Hollywood Injury Law Center — Bash & Polyachenko P.C. can review what happened and explain your options. Call (323) 850-0101 for a free consultation.
Frequently Asked Questions
This page is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Hollywood Injury Law Center — Bash & Polyachenko P.C. is licensed to practice in California.