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Why Did My Insurance in San Bernardino Refuse to Cover My Medical Bills After an Accident at a Crosswalk?

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Walking is my preferred mode of transportation in San Bernardino, given its picturesque streets. However, last month, while crossing a marked crosswalk, I was hit by a car. Thankfully, I survived, but with several injuries, including a temporal bone fracture and a torn ACL. The driver was underinsured, and to my dismay, my own insurance is refusing to cover the entirety of my medical bills, attributing some of the blame to me. Their argument stems from the assertion that I was distracted by my phone, which I vehemently deny. Now, with limited mobility, rising debts, and a fear of crossing streets, I feel trapped in a nightmare.

  • Are there specific pedestrian rights in California that protect against such insurance claims, especially when injured on a marked crosswalk?
  • How do comparative negligence laws apply in situations like mine?
  • Can a Pedestrian Accident Attorney challenge insurance decisions effectively, ensuring that I'm not wrongfully blamed?
  • What should I be mindful of when communicating with insurance representatives in such contentious cases?
  • Are there any immediate steps I should take to strengthen my case against the driver and the insurance company?
  • How can I safeguard myself from potential future claims or complications related to this incident?

Commonly posted questions...

Photo with muted colors of a bustling Downtown Los Angeles intersection during daytime. A car has abruptly stopped in the middle of a crosswalk, and a pedestrian with visible injuries is being aided by bystanders. A dropped phone can be seen inside the car, hinting at the driver's distraction. Nearby, a concerned witness is talking to a police officer, possibly providing evidence of the driver texting. The setting underlines the perils of distracted driving in a busy urban environment and the potential need How to Pursue Compensation After Being Struck by a Distracted Driver in Downtown Los Angeles?
1 year 3 months ago, Pedestrian accident attorney, Los Angeles

Legal Solution

The response provided below is specific to Pedestrian accident attorney in the jurisdiction of California. If the response is inadequate, please submit a detailed inquiry.

Pedestrian Rights and Comparative Negligence in California

Your Rights as a Pedestrian

In California, pedestrians have the right-of-way in marked crosswalks, and drivers are obligated to stop and yield. If a pedestrian is injured due to the negligence of a driver, they may seek compensation for their injuries. However, insurance companies often employ strategies to limit their payouts, and one common tactic is to allege that the pedestrian was at fault.

Comparative Negligence in California

California follows a system of "pure comparative negligence." This means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you would only be entitled to 80% of the total damages. However, even if you are mostly at fault, you can still receive some compensation.

Challenging Insurance Decisions with a Pedestrian Accident Attorney

A seasoned Pedestrian Accident Attorney can help challenge the insurance company's decisions. They can gather evidence, witness statements, and employ accident reconstruction experts to establish the driver's fault. Remember, the insurance company's primary objective is to minimize payouts. Having legal representation can help ensure you receive the compensation you deserve.

Communicating with Insurance Representatives

It's vital to be cautious when communicating with insurance adjusters. They may try to get you to admit fault or downplay your injuries. It's often best to let your attorney handle all communications with the insurance company to ensure your rights are protected.

Immediate Steps to Strengthen Your Case

  1. Document the scene: Take photos of the accident site, your injuries, and any damage to vehicles involved.
  2. Gather witness information: Collect names, addresses, and contact details of any witnesses.
  3. Seek medical attention: Even if you feel fine, it's essential to get a medical evaluation. Some injuries may not manifest immediately.
  4. Avoid discussing the accident on social media: Anything you post can be used against you.

Protecting Yourself from Future Claims

Keep all medical records, repair bills, and any other accident-related documents. Notify your insurance company of the accident but avoid giving a recorded statement without consulting your attorney.

Relevant Laws and Statutes

  • California Vehicle Code Section 21950: Grants right-of-way to pedestrians within any marked crosswalk or unmarked crosswalk at an intersection.
  • California Civil Code Section 1714: Details the principles of comparative negligence.

For further reference, you can check the official California Legislative Information website.

Price Estimates for Legal Assistance in San Bernardino

Service Estimated Cost ($) Difference from National Average (%)
Consultation with Pedestrian Accident Attorney 150 +10%
Full Representation (Simple Case) 3,500 +8%
Full Representation (Complex Case) 7,000 +12%
Expert Testimony (Accident Reconstructionist) 1,200 +9%
Court Fees and Other Miscellaneous Expenses 500 +6%

Note: Prices in San Bernardino tend to be slightly above the national average due to the city's higher living costs and demand for legal services.

Complexity of Pedestrian Accident Cases

Pedestrian accident cases can be intricate due to multiple factors like gathering evidence, determining fault, and evaluating injuries.

Case Study 1: A pedestrian was hit while crossing the street, but the driver alleged that the pedestrian suddenly darted out between parked cars. Surveillance footage from a nearby store showed the driver was texting, strengthening the pedestrian's case.

Case Study 2: A jogger was hit at an intersection. The driver claimed the jogger was wearing headphones and didn't heed the car's horn. However, witness statements confirmed the jogger had the right-of-way.

Case Study 3: A senior was struck in a crosswalk by a turning car. The driver blamed the low sun. An accident reconstructionist determined the driver's speed was too high for the conditions.

Questions for Further Information

  1. Where exactly did the accident occur? The specific location can help determine jurisdiction and relevant traffic regulations.
  2. Were there any surveillance cameras nearby? Footage can serve as crucial evidence in establishing the facts of the accident.
  3. Did you give a statement to the police or the insurance company? Knowing the content of any statements can help assess and strategize the case.

Frequently Asked Questions in Pedestrian Accident Cases

Q1: What if I was partially at fault for the accident?

In California, even if you are found to be partially at fault, you can still recover damages. However, the compensation will be reduced by your percentage of fault.

Q2: How long do I have to file a claim after a pedestrian accident?

You typically have two years from the date of the accident to file a personal injury lawsuit in California. However, it's essential to consult with an attorney as soon as possible to preserve evidence and rights.

Q3: What if the driver who hit me was uninsured or underinsured?

If you have uninsured/underinsured motorist coverage on your insurance policy, you can file a claim with your insurer. An attorney can guide you through this process.

Q4: Can I recover damages for emotional distress?

Yes, emotional distress is a non-economic damage, and you can seek compensation for it, especially in traumatic events like pedestrian accidents.

Q5: The insurance company offered me a settlement. Should I take it?

Before accepting any offers, consult with a Pedestrian Accident Attorney. They can help determine if the offer is fair and advise on the best course of action.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Why Did My Insurance in San Bernardino Refuse to Cover My Medical Bills After an Accident at a Crosswalk?" has been changed 1 year 3 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of California & area of law: Pedestrian accident attorney.
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Photo of a typical crosswalk in San Bernardino, with its characteristic streets and surroundings. The scene captures the aftermath of a pedestrian accident: a shoe, a dropped phone, and a pedestrian crossing sign slightly tilted, suggesting the impact. In the foreground, an individual with visible bandages and crutches is discussing the incident with a Pedestrian Accident Attorney. The attorney is attentively listening while holding a folder labeled 'Crosswalk Claims' and 'Insurance Disputes'. The ambiance
Photo of a typical crosswalk in San Bernardino, with its characteristic streets and surroundings. The scene captures the aftermath of a pedestrian accident: a shoe, a dropped phone, and a pedestrian crossing sign slightly tilted, suggesting the impact. In the foreground, an individual with visible bandages and crutches is discussing the incident with a Pedestrian Accident Attorney. The attorney is attentively listening while holding a folder labeled 'Crosswalk Claims' and 'Insurance Disputes'. The ambiance ...

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