When people think of car accidents, vehicle collisions are often the first thing that comes to mind. So, what do you do when you get hit by a car while walking? What are your legal options, and are there any in case of pedestrian-car accident?
Yes, there are legal options for you, including getting compensation for the injuries suffered. However, your legal options are dependent on a few factors that we have broken down and discussed for you below.
Who Was at Fault?
When a pedestrian is hit by a car, the common assumption is that the driver is always at fault, which in most cases is true. Traffic laws and guidelines require drivers to give pedestrians the right of way at marked crosswalks and in some stations designated in the country’s or state code. Drivers are expected to obey and observe the posted speed limits and traffic signals.
If you got hit by a driver who violated traffic laws, the liability becomes clear. However, some pedestrian-car accident cases may get a little complicated, for instance, say you were crossing against the light, or you had walked between narrowly parked cars amid a narrow street. In such cases, a pedestrian can be at fault in the accident, or sometimes, share the fault with the driver.
How Bad Were You Injured?
If you suffered an injury after a car hit you, in an accident where the driver bears the fault, or is partly at fault, then you may pursue a personal injury claim. Start by claiming with the at-fault driver’s insurance company, ask for a settlement that covers your damages.
Damages could include but are not limited to, lost income, medical bills, and any other subjective effects caused by the accident such as pain and suffering. Greenstein and Milbauer will help you evaluate and identify these damages.
The result from most claims made to insurance companies is often a personal injury settlement. The settlement often comes in after a back and forth of negotiations with the company. In some cases, your negotiation may not always yield a satisfactory result; if this happens, you can always forward the matter to court. Your attorney will help you file a personal injury lawsuit.
The above circumstance assumes that you know the driver who hit you and interacted with them. When a driver complies with their legal obligation to stop at the accident scene, shares the relevant insurance and contact information. You’ll easily pursue the compensation through their insurance or a personal injury lawsuit.
What if the Driver Did Not Stop at the Scene of the Accident?
When the accident was a hit and run, the event significantly narrows your options. Begin by reporting the accident to the police for them to commence an investigation. Try to get the names and contact information of any possible witnesses to the accident. Ensure you keep a record of everything you might need to handle your treatment costs using your medical insurance or out of pocket.
Later on, once the police can identify the hit and run driver, discuss your options with a personal injury attorney to get advice on the best way to go around the case and obtain maximum compensation for damages and injuries suffered during the accident.
Get Justice for Your Pedestrian-Car Accident
Car versus pedestrian accidents often lead to significant harm and injury caused on the pedestrian. Despite the common misconceptions, it’s not always easy to point out who is to blame. The driver’s insurance company will often do its best to lower the settlement value by digging through the case to twist some blame on you.
Regardless of whether you see your case going to court, it’s much safer to entrust your case in the hands of a personal injury attorney. The attorney is skilled enough to face the insurance company lawyers and negotiate a fair deal for you.