Any person on foot is considered a pedestrian. Most pedestrian accidents involving an automobile occur at intersections, crosswalks, and parking lots. If you or a loved one is hit by a vehicle while walking, running, jogging, or even sitting on a bench, you have legal options.
Immediate Steps
The actions taken immediately following a pedestrian and car accident are vital in protecting your wellbeing and legal rights. Start by calling 911 if anyone involved requires immediate medical attention but also to get the police on scene for a police report and perhaps investigation.
Next, you’ll want to obtain contact and insurer information with the driver and/or vehicle owner. Avoid discussing who caused the accident, legal options, or your own fault. If additional witnesses are present, request their contact information as well.
Following an accident, you’ll want to contact local law enforcement to document the incident if the police were not at the scene. If you are able, take pictures of the scene of the accident, damage to the vehicle, your injuries, and anything else you deem important.
Medical Care
Following any injuries as a pedestrian, you are encouraged to seek immediate medical attention. The emergency room is typically the best option; however, for less severe injuries, you may rather contact your primary care provider.
Even if you don’t feel immediate pain, it is a good idea to be seen by a medical professional to establish a record of the incident. It is not uncommon for pain to be delayed, and establishing medical contact early can help mitigate future discomfort.
You can use your own medical insurance when seeking medical attention. Your insurer can seek reimbursement for expenses through a medical provider claim on a settlement you are awarded or directly from the at-fault party.
Legal Options
Compensation for accident-related losses and injuries is typically awarded through an insurance claim. A pedestrian can file a claim against the driver operating the vehicle involved in the accident. In the event a settlement is not awarded, you can file a lawsuit in civil court.
Valuing an Injury Claim
Valuing a pedestrian-car accident lawsuit is not straightforward. The value of a claim depends on numerous factors, including:
- the percentage of fault of those involved in the incident
- the type of injuries sustained: short-term/long-term/permanent
- loss compensation as a result of injuries sustained
- mental and physical pain and suffering sustained
What’s Next?
If you or a loved one has been involved in a pedestrian-car accident, an experienced attorney is key to helping you achieve a fair settlement. After seeking medical treatment, contact our office to discuss your legal options.