Atwater Man Injured in Hit and Run Pedestrian Accident
A 49-year-old Atwater man was injured in a hit and run pedestrian accident on the night of July 21, 2019. The hit and run accident occurred shortly after 11:00 p.m. on Gurr Road and Avenue 2 in Merced County. An unidentified driver reportedly crashed into a man walking in the area and left him on the roadway. The injured pedestrian was transported via air ambulance to the hospital for treatment of unspecified injuries. An update regarding his condition has not yet been released.
Investigation of the Hit and Run Pedestrian Accident
A preliminary report by the California Highway Patrol (CHP) suggested parts of the vehicle in question were found at the scene. Investigators located a passenger-side mirror that is believed to be part of a silver Honda Civic. Officials also said the car’s passenger side headlight may have also been damaged in the collision.
Who is at Fault in a Pedestrian Accident?
To determine fault in a pedestrian accident, the insurance company and police will conduct separate investigations. Authorities will contact the pedestrian, eyewitnesses, and the driver. They may also review video surveillance from traffic cameras and local businesses and document their findings in their report. While a traffic collision report usually lists who is responsible for the accident, insurance companies may dispute liability after their own investigation. This is why it is critical to have an experienced Atwater personal injury attorney at your side early on in your case. An attorney can independently investigate the accident and examine the sequence of events leading up to the incident to properly determine liability.
Can I File a Lawsuit for a Pedestrian Accident?
Pedestrians are susceptible to suffering serious injuries in a collision with a motor vehicle. This is due to their lack of physical protection. When drivers fail to exercise due care and strike a pedestrian, the injured person may be able to seek compensation for their losses. These include medical expenses, lost wages, disfigurement, loss of consortium, permanent disability, and pain and suffering. Property damage may also be recovered in a pedestrian accident. This can help cover personal items damaged, such as clothing, watches, or glasses. To learn about the factors that may affect the value of a pedestrian accident claim, watch the below video.
Is a Hit and Run Pedestrian Accident Covered by Insurance?
When a driver leaves the scene of a pedestrian accident without identifying themselves, this can put the injured pedestrian in an emotional and financial predicament. Even if the motorist goes unidentified, the injured party may be able to seek recourse through their own car insurance policy if they carry uninsured/underinsured motorist coverage. If the injured person does not have an insurance policy of their own but lives with someone who does, they may be able to file a claim against that policy for damages incurred. For more details, contact an experienced injury attorney.
Is There a Time Limit on Personal Injury Claims?
The statute of limitations is the amount of time for which a case must be filed. A person who has been injured in a pedestrian accident must file a lawsuit within two years from the date of the crash. This is by California Code of Civil Procedure Section 335.1. However, the time limit may change if government entity negligence is involved. For instance, a pedestrian who has suffered injuries from a government vehicle or road defect must file a claim within six months or 180 days from the time of loss. If the deadline is missed, the case may be dismissed by the court, and the injured pedestrian may lose the right to pursue recovery.
Do I Need an Attorney?
Suffering injuries in a pedestrian accident may be devastating. Getting back on your feet after such tragic events often require medical care, time, and money. You should not have to worry about dealing with insurance companies while you recover from your injuries. Having an Atwater pedestrian accident lawyer handle your case is essential to obtain the compensation you need and deserve.
Atwater Personal Injury Lawyer
I’m Ed Smith, an Atwater personal injury lawyer. Drivers in Atwater are accountable for their actions. When they fail in their duty of care owed to pedestrians, they may be held financially responsible for resulting damages. If you or a loved one has been injured in a pedestrian accident due to the fault of another, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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