Pedestrian accidents can change a person’s life in seconds. The injuries are often serious, medical bills can build quickly, and many victims are unsure what steps to take next. If you were hit by a car while walking in Bakersfield, understanding what to do in the minutes, days, and weeks after the crash can help protect your health, your rights, and your ability to recover compensation.
This guide from Shamshoni Law explains each step clearly, from what to do at the scene to how to deal with insurance companies and when to contact an attorney.
1. Get Medical Care Right Away
Your health should come first. Even if you think your injuries are minor, always get checked by a medical professional. Many serious injuries do not show symptoms immediately. Internal bleeding, concussions, and soft tissue damage can worsen if left untreated.
If emergency services arrive, let them evaluate you and follow their recommendations. If you are able to leave the scene on your own, go to an urgent care or emergency room as soon as possible. Keep copies of every medical record, bill, and diagnosis. These documents are important evidence if you decide to pursue a claim.
2. Call the Police and File an Accident Report
Always contact law enforcement after a pedestrian accident. In Bakersfield, the responding officer will document the scene and prepare an official report through the Bakersfield Police Department or the Kern County Sheriff’s Office. This report includes vital details such as the driver’s name, insurance information, witness statements, and a summary of what happened.
Request a copy of the police report once it becomes available. It can take several days, but it will be one of the key pieces of evidence in your claim.
3. Collect Evidence at the Scene (If You Can)
If your injuries allow, gather as much information as possible before leaving the scene. Useful evidence includes:
- Photos of the vehicle, its license plate, and the damage
- Photos of your injuries and the surrounding area (crosswalks, traffic lights, skid marks, or debris)
- Names and contact information of witnesses
- The driver’s name, license, and insurance information
If you are unable to collect evidence, ask a friend, family member, or bystander to help. The more information you preserve early on, the stronger your claim will be later.
4. Do Not Discuss Fault at the Scene
After an accident, emotions can run high. Avoid discussing who was at fault with the driver or witnesses. Anything you say could be misinterpreted and used against you by insurance companies. Stick to basic facts when speaking to police officers and avoid speculation. The cause of the crash should be determined through investigation, not by statements made under stress.
5. Notify Your Insurance Company
Even if you were walking and not driving, you should notify your own insurance company. Your auto insurance policy may include uninsured motorist (UM) or underinsured motorist (UIM) coverage that applies when you are hit as a pedestrian. This coverage can help pay for medical expenses, lost wages, and other costs if the driver who hit you has no insurance or limited coverage.
When reporting the incident, provide the facts but avoid giving a recorded statement until you speak with a lawyer. Insurers often try to minimize payouts or place blame on victims.
6. Keep a Record of Everything
Organization is critical after a pedestrian accident. Keep a file with all relevant information, including:
- Medical bills and treatment records
- Prescription receipts
- Photos and videos
- Police report
- Communications with insurance adjusters
- Notes about your pain levels, missed work, and emotional impact
This documentation helps establish the full extent of your damages, which is key to obtaining fair compensation.
7. Do Not Settle Too Quickly
It can be tempting to accept a quick settlement offer from the driver’s insurance company, especially when bills are piling up. However, early offers are often much lower than what your case is worth. Once you accept, you cannot pursue additional compensation later, even if new injuries appear or your condition worsens.
Before signing anything, speak with a pedestrian accident attorney. An experienced lawyer can estimate your true damages and negotiate for a settlement that reflects your actual losses.
8. Understand Common Causes of Pedestrian Accidents in Bakersfield
Knowing how these accidents happen can help explain liability. Common causes include:
- Distracted driving: Texting, eating, or using in-car technology
- Speeding: Higher speeds increase both crash risk and injury severity
- Failure to yield: Drivers often ignore crosswalks or pedestrian right-of-way
- Drunk or drug-impaired driving
- Poor lighting or unsafe intersections
Bakersfield has several high-traffic areas where pedestrian accidents are more likely to occur, such as Chester Avenue, California Avenue, and Stockdale Highway. When a driver’s negligence causes injury, California law allows victims to pursue compensation through a personal injury claim.
9. What Compensation Can You Recover?
Pedestrian accident victims in California can seek both economic and non-economic damages. The exact amount depends on the facts of the case, but common forms of compensation include:
- Medical expenses (current and future treatment)
- Lost wages and reduced earning ability
- Rehabilitation and physical therapy costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If the at-fault driver’s actions were particularly reckless, punitive damages may also apply. A lawyer from Shamshoni Law can review your case and determine which types of compensation you may qualify for.
10. Shared Fault in California: The Comparative Negligence Rule
California follows a pure comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover compensation, but your award is reduced by your percentage of fault.
For example, if you were crossing outside of a marked crosswalk and a driver was speeding, you might share 20% of the fault. If your total damages are $100,000, you could still recover $80,000. Insurance companies often use this rule to try to lower payouts, so it is important to have an attorney who can present evidence in your favor.
11. Statute of Limitations for Pedestrian Accident Claims
In California, the statute of limitations for personal injury claims is two years from the date of the accident. This deadline can shorten in certain situations, such as when the at-fault party is a government agency (for example, a city bus or public works vehicle). Waiting too long can mean losing the right to file a claim altogether, so contact a lawyer as soon as possible after your accident.
12. How a Pedestrian Accident Lawyer Can Help
Handling a claim alone can be overwhelming. A pedestrian accident lawyer helps by:
- Investigating the accident and collecting evidence
- Identifying all liable parties
- Working with medical experts to evaluate long-term injuries
- Negotiating with insurance companies
- Filing a lawsuit if a fair settlement cannot be reached
At Shamshoni Law, we handle personal injury cases across Bakersfield and throughout Kern County. Our team focuses on protecting victims’ rights and helping them recover full compensation for their injuries.
13. Avoid Common Mistakes After a Pedestrian Accident
To strengthen your case and avoid setbacks, keep these points in mind:
- Do not skip medical appointments or therapy sessions
- Avoid posting about the accident on social media
- Do not accept fault or apologize to the driver
- Avoid dealing directly with the at-fault driver’s insurer without legal help
Every statement and action can affect your claim. Having a lawyer guide you through each step can help prevent costly errors.
14. When to Contact Shamshoni Law
You should contact an attorney as soon as possible after the accident, ideally within a few days. The earlier a lawyer becomes involved, the sooner evidence can be preserved and witness statements collected. Even if you are unsure whether you have a valid claim, it is best to discuss your situation with a professional who can evaluate your options.
Shamshoni Law offers consultations to review your case, explain the process, and help you decide the next steps with confidence.
15. Protect Your Rights and Get the Help You Need
A pedestrian accident can leave lasting physical, emotional, and financial challenges. You do not have to face them alone. The law gives you the right to hold negligent drivers accountable and to pursue compensation for your losses.
Shamshoni Law represents injured pedestrians throughout Bakersfield and surrounding communities. Our goal is to help victims recover and move forward with peace of mind.
Free Consultation with a Bakersfield Pedestrian Accident Attorney
If you or someone you love was hit by a car while walking, reach out to Shamshoni Law today. Call or fill out the online form to schedule a free consultation. An experienced attorney will review your case, answer your questions, and help you understand your rights under California law.
