Public demonstrations and protests are organized to allow individuals to express their opinions on important matters through a peaceful assembly, hoping for social or political change. While many of these events remain orderly and focused on keeping the community safe, big gatherings can still consist of unexpected risks, especially when crowds are traveling near popular roadways. With tense environments, where emotions are at a high or instances of political violence occur, the chances of confusion or unsafe driving behaviors heightens.
When a person is struck by a car during these types of events, the situation can shift from a calm and organized movement into a medical and legal emergency, emphasizing the importance of safe planning, awareness of surroundings, and responsible conduct from all parties involved.
What Happens When a Person Gets Hit By a Car?
When a person gets hit by a car during a protest, several things can happen shortly after. First and foremost, the affected individual(s) will either collide with the vehicle or to the ground. Even at moderate speeds, this can result in traumatic injuries since a pedestrian’s body is moving forward while the car stops. This type of violent impact can result in broken bones, cuts, internal injuries, and head trauma and emergency responders will prioritize stabilizing the injured victim(s), and then transporting them to a local hospital for further treatment.
For instance, the Fremont incident shows how this can play out in a real situation, because this was a student-led demonstration was being held outside Fremont High School to express their discernment against the Immigration and Customs Enforcement (ICE). At a certain point, one student stepped off the sidewalk and was in the path of a parked red SUV and the driver eventually striked the student and causing her to be thrown off the vehicle’s hood before landing to the ground.
After this, the driver slowed down and then left the scene, which in this case, would be referred to as a hit-and-run accident. Events like this demonstrate how dangerous it can be when pedestrians are on the street near moving traffic, especially during protests where attention and movement are focused on the crowd rather than to the nearby vehicles.
Who Can Be Held Liable in a Protest Accident?
A pedestrian struck by a vehicle during a protest may be entitled to pursue legal action to recover damages. However in cases such as this, determining liability may involve multiple parties based on the circumstances involved. If a driver hits someone, they will typically be the primary party responsible for the incident, especially if they were going against traffic laws.
Liability may be extended to organizers of the protest if it can be proven that the event involved inadequate safety measures or poor crowd control. Additionally, property owners or municipalities could hold potential fault if dangerous conditions, like blocked sidewalks, contributed to the scenario. Each case requires in-depth evaluation, the location of the pedestrian, and whether all parties involved acted with reasonable care to prevent harm.
How Long Does an Injury Victim Have to File a Claim?
The time limit to file a lawsuit will be dependent on your state’s statute of limitation. For example, California and Nevada’s statute of limitations is two years from the date of the injury and this applies whether the injured pedestrian is suing a driver, property owner, or an event organizer.
However, keep in mind that the timeline can change depending on who the potential defendant is. If the accident involves a government-owned vehicle, a city agency, or another public entity, you will be given within six months to submit an administrative claim. Missing this step can bar recovery completely, even if the normal two-year statute has not yet passed.
Furthermore, there are limited exceptions that can “toll” the statute of limitations, particularly if the victim is a minor or mentally disabled. Since protest-related accidents can involve multiple parties, insurance carriers, and in certain cases, public agencies, it is important to fulfill legal obligations in a timely manner.
Which Laws Apply to Injuries Sustained During Protests?
Injuries that happen during protests are subject to both civil and criminal laws intended to protect participants and the public. From a civil perspective, standard personal injury principles apply which means attorneys will examine whether a party did not exercise reasonable care and created conditions that caused harm. These claims may also involve premises liability, wrongful death, or pure comparative negligence rules, which will focus on whether a certain party failed to incorporate reasonable care, thus allowing dangerous conditions to ultimately harm the affected individual(s).
At the same time, local ordinances regulate public demonstrations, including rules about street closures, crowd control, and safety measures, and constitutional protections upheld by the American government, such as the First Amendment, ensure that peaceful protests are permitted while still allowing negligent parties to be held responsible for any resulting harm.
On the criminal side, the focus shifts from compensation to punishment and public safety. Traffic violations or reckless driving may be investigated if a vehicle strikes a pedestrian. Such criminal proceedings are separate from civil lawsuits. But, police reports or convictions can later influence an injury case.
Simply put, protest-related injuries are not governed by one single rule. They are usually shaped by tort law, constitutional protections, and criminal statutes working together based on the specific facts presented.
What Should You Do Immediately After Being Hit by a Vehicle at a Protest?
If you are struck by a vehicle during a protest, your safety and that of others are critical. The first step is to try and move to a safe area (if possible). Be sure to immediately alert first responders about the incident shortly after. Medical attention should be sought immediately, even if you believe your injuries appear minor. Your well-being should be properly assessed by professionals. It is also important to gather the following:
- Photographs or video footage of your injuries and the accident scene
- Driver and witness contact information
- Vehicle details, like make, model, and year
Acquiring these details will allow authorities to fully investigate the situation. Quick responses will help protect your well-being while also strengthening your case.
What Compensation or Insurance Options Are Available?
After being injured in a protest accident, compensation and insurance options may be available. A personal injury claim may allow an affected victim to seek reimbursement for losses such as medical expenses, lost wages, and pain and suffering. Auto insurance, including the at-fault driver’s liability coverage, is usually the main source of payment. If the driver is uninsured or underinsured, the injured person may be able to turn to their own uninsured/underinsured motorist (UM/UIM) coverage for additional financial support.
In certain cases, legal action may also be sought out against other responsible parties if negligence contributed to the situation, like property owners or event organizers who failed to ensure safety measures were implemented. Each case has its own unique circumstances. Documenting it thoroughly and contacting a personal injury attorney early on in the process is important as it can help better your likelihood of getting full and fair compensation.
Hit By a Car During a Protest? West Coast Trial Lawyers Is Here to Help
If you or a loved one were harmed while participating in a protest, it is important to consult with a law firm that specializes in personal injury claims. At West Coast Trial Lawyers, our legal team has over 20 years of experience in the field and has acquired more than $1.7 billion in settlements and judgements on behalf of our clients.
We are equipped to effectively review circumstances surrounding your case, help determine who should be held liable for the incident, and guide you every step of the way to ensure you are given satisfactory results. Fulfilling your legal obligations in a prompt manner will ensure your case is being documented properly, giving you a better chance at protecting your rights and recovering the compensation you deserve.
To set up a FREE consultation, we invite you to reach out to us by calling (213) 927-3700 or filling out our convenient online contact form.
