Being in a collision with a vehicle is a worst nightmare situation for anybody, and it can be even worse if you’re a pedestrian involved in the collision.
That’s why we’ve crafted this article to take you through your rights and the legal steps you need to take to receive the proper compensation.
Understanding Your Rights and Legal Protections
In this section, you will learn about the necessary steps to take after being hit by a vehicle, how to determine who is at fault, and your legal options for pursuing compensation.
Assessing the Situation and Immediate Steps
After getting hit by a vehicle, the first immediate step is assessing your injuries. Call 911 for medical assistance. Ensure you get a police report filed as this will document the incident officially. Collect the driver’s insurance information and provide your own.
Document the scene with photos if possible. Note the location, any crosswalks or intersections involved, and traffic violations by the driver. Exchange contact information with witnesses.
This will be difficult to impossible depending on whether you are injured and the severity of the injuries, but proper documentation will aid in your legal claim and potential personal injury protection benefits.
Determining Fault and Liability
Determining fault involves proving the driver’s negligence. Pedestrians generally have the right of way, especially in crosswalks and intersections. The driver owes a duty of care to avoid causing harm to pedestrians. If the driver violated traffic laws, this strengthens your case.
Comparative negligence rules may apply, where you could share fault, potentially reducing your compensation.
Legal Options and Pursuing Compensation
You have several legal avenues to pursue compensation. You can file a claim against the at-fault driver’s insurance company or use your own personal injury protection policy. In the event of criminal charges against the driver, this can support your civil lawsuit for damages.
Consider filing a civil lawsuit for compensation if the insurance settlement is insufficient. This often involves proving the driver’s negligence in a court of law. Contacting a lawyer experienced in pedestrian-car accidents can provide guidance, and places like The Accident Helpers have years of experience connecting victims with the right type of lawyer. They can help navigate through insurance claims and possible legal actions to ensure you receive fair compensation.
Understanding these steps and your legal protections helps in effectively managing the aftermath of a pedestrian-car accident and safeguarding your rights.
Recovery, Settlements, and Legal Proceedings
If you are a pedestrian hit by a vehicle, it’s crucial to understand the process of recovery, obtaining settlements, and navigating legal proceedings. Here’s a closer look at medical treatment, insurance claims, and what to expect if your case goes to court.
Medical Treatment and Documenting Injuries
Immediately after the accident, seek medical treatment. Emergency medical services can provide immediate care, followed by visits to your hospital or doctor for further treatment.
Keep records of your medical bills, treatment plans, and any prescriptions. Accurate documentation supports your injury claim, potentially affecting compensation for pain and suffering, medical expenses, and lost wages.
Photographs of injuries and obtaining medical records can be vital. Detailing the extent of personal injuries in your medical reports will strengthen your case.
Insurance Claims and Negotiating Settlements
Filing an insurance claim with the at-fault driver’s liability insurance is the next step. Provide all necessary documentation, including the accident report, medical expenses, and proof of lost income when submitting your claim.
Insurance adjusters may present a settlement offer. Be prepared to negotiate. Having a pedestrian accident lawyer or car accident lawyer can be beneficial during this process. Experienced attorneys can ensure you receive a fair settlement that covers medical bills, lost wages, and emotional distress.
In certain states, like no-fault states, your health insurance might cover initial medical expenses, regardless of driver fault. Understand your policy and state laws to maximize your compensation.
The Litigation Process and Your Day in Court
If a fair settlement isn’t reached, filing a personal injury lawsuit may be necessary. This involves submitting your injury claim in civil court. An attorney can guide you through the process, from filing paperwork to gathering evidence.
During litigation, your legal team may call potential witnesses and present your case before a judge. The lawyer will argue the fault picture, showing how the driver’s fault caused your injuries.
Trials can assess permanent injuries and future financial losses. If you succeed, you may receive compensation for medical treatment, lost wages, and other financial damages. Cases involving severe injury or wrongful death often end with significant awards.
