Hit by a Car in Newbury Park: What Are Your Rights?
If a car struck you while you were on foot in Newbury Park, whether at a crosswalk near Newbury Park Town Center, along Wendy Drive, on a sidewalk near Lawrence Drive, or anywhere else in unincorporated Ventura County, you have significant legal rights under California law. Understanding those rights, and taking the right steps to protect them, is essential to getting the compensation you deserve for your injuries.
Your Right to Compensation for All Your Losses
California personal injury law entitles pedestrians struck by negligent drivers to seek full compensation for all losses caused by the crash. Your recoverable damages include every medical expense from the time of the accident forward: emergency transport, treatment at Los Robles Regional Medical Center at 215 W Janss Rd in Thousand Oaks, hospitalization, surgery, specialist care, physical therapy, and any future medical treatment your injuries require.
Lost wages and lost earning capacity are also fully recoverable. If your injuries prevent you from working during recovery, or if they permanently limit your ability to perform your job, those economic losses are part of your claim. Out-of-pocket expenses, transportation costs for medical appointments, and costs for assistance with daily activities during recovery are also compensable.
Beyond economic losses, California law allows recovery for non-economic damages: physical pain, emotional suffering, loss of enjoyment of life, and the impact of the injuries on your personal and family relationships. These damages can be very significant in serious pedestrian cases and are not subject to any cap in personal injury cases.
Your Right to Have the Driver's Insurance Pay
The negligent driver's liability insurance is required to compensate you for your damages. California requires drivers to carry minimum liability coverage of $15,000 per person, though the actual settlement value of a serious pedestrian injury case almost always exceeds this minimum. Your attorney will investigate what coverage the driver actually carries and identify all applicable policies.
If the driver was uninsured or underinsured, your own uninsured/underinsured motorist coverage provides a secondary source of recovery. California law requires auto insurers to offer this coverage, and if you have it, it can fill the gap between the driver's limits and your actual damages.
Your Right to Take Legal Action
If the driver's insurer does not pay a fair amount voluntarily, you have the right to file a lawsuit in Ventura County Superior Court and pursue your claim before a judge and jury. Because Newbury Park is unincorporated Ventura County, cases file in the East County Division of the Ventura County Superior Court. California's statute of limitations gives you two years from the date of the accident to file.
If a government entity is responsible, such as for a defective crosswalk or malfunctioning pedestrian signal, you must file an administrative government tort claim within six months before you can sue. Missing this deadline forfeits your claim against the government entity.
Your Right to Say Nothing to the Other Driver's Insurer
You have the right to decline giving a recorded statement to the at-fault driver's insurance company until you have consulted an attorney. Insurers use recorded statements to gather admissions and minimize claims. You are not obligated to participate in this process unrepresented.
Exercise Your Rights with Legal Help
Our Newbury Park pedestrian accident attorneys help hit-by-car victims understand and exercise all of their legal rights. We handle every aspect of the claim and fight for full compensation.
Visit our Newbury Park personal injury page or call L&F Brown today for a free consultation. You pay nothing unless we recover for you.
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