Visitor Question

Pedestrian ran into the side of my car?

Submitted By: Ann (California)

A pedestrian ran across three lanes of traffic on an interstate that goes through my town, and then ran into the side of my car. She then proceeded to RUN AWAY FROM THE SCENE OF THE ACCIDENT!

I had just stopped my car, put on my hazards and tried to call after her, but she kept running. I was found to not be at fault by the officer on scene, and they finally found her at a court house a few blocks away, she was uninjured according to the officer.

I know pedestrians technically always have the right of way, but could my insurance company find me at fault, even though she hit me? How would a case like this work? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ann,

In the State of California, pedestrians DO NOT always have the right of way. Pedestrians have the right of way in crosswalks, but not when they run into oncoming traffic.

From the facts you present, you are faultless. Moreover, technically the pedestrian is liable for any property damage she caused to your car. The pedestrian acted recklessly, negligently, and without regard for her own safety or that of the drivers traveling along the interstate.

Be sure to secure a copy of the police report. You can pick up one at your local police, sheriff’,s or state trooper’s department. The reports are usually available for a nominal fee, often under $10.00.

It is very likely the police report will exonerate you from any negligence in the incident. If you haven’t already done so, immediately report the accident to your insurance company. You are almost certainly required to do so. Email, snail mail, or otherwise deliver to your insurance company a copy of the police report.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 6, 2014

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