Can You Sue Someone for Running You Over?

Can You Sue Someone for Running You Over?

Getting hit by a car can turn your life upside down in an instant. One moment, you’re going about your day, and the next, you’re dealing with serious injuries, mounting medical bills, and uncertainty about the future. In these challenging times, many wonder if they have legal options to hold the responsible party accountable and seek compensation for their losses. This post explores the process of pursuing a lawsuit after being struck by a vehicle and how an Orange County personal injury lawyer can help with the legal process.

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The Immediate Aftermath

The aftermath of being hit by a car often leaves victims feeling overwhelmed and unsure of what steps to take next. While their primary focus should be on recovery and healing, there are important legal considerations to remember. One of the most pressing questions many injured people have is whether they can sue the person who ran them over.

The short answer is yes. In many cases, a person who has been struck by a vehicle can pursue legal action against the driver responsible for their injuries. However, the process is rarely as simple as filing a lawsuit and waiting for compensation to arrive. There are numerous factors to consider, legal hurdles to overcome, and strategic decisions to make along the way.

This is where the guidance of an Orange County personal injury lawyer becomes helpful. An attorney with experience handling cases involving pedestrians or cyclists struck by vehicles understands these types of claims and can provide the legal support needed to pursue justice and fair compensation.

Understanding the Impact

When someone is hit by a car, the injuries sustained can range from minor bruises to life-altering disabilities or even fatal injuries. Common injuries in these types of accidents include broken bones, head trauma, spinal cord injuries, internal organ damage, and severe lacerations. The physical pain and suffering alone can be immense, but the impact often extends far beyond just the bodily harm.

Victims may find themselves unable to work, either temporarily or permanently, leading to lost income and potential long-term financial hardship. The cost of medical treatment, rehabilitation, and ongoing care can quickly become overwhelming, especially if the injured person lacks adequate health insurance coverage. Additionally, many individuals experience significant emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD) following such a traumatic event.

Legal Basis for a Lawsuit

Given the potentially serious consequences of being struck by a vehicle, it’s understandable that victims and their families will want to explore all available options for seeking justice and compensation. While every situation is unique, pursuing a lawsuit against the responsible driver is often a viable path forward.

The legal basis for suing someone who has run a person over typically falls under the area of personal injury law. These types of cases are generally based on the concept of negligence, which means that the driver failed to exercise reasonable care while operating their vehicle, resulting in harm to another person.

To have a successful lawsuit, the injured party (known as the plaintiff) must be able to demonstrate several key elements. First, the driver owed a duty of care to the injured person. This is generally established by the fact that all drivers are responsible for driving safely and following traffic laws. Second, the driver breached that duty of care. This can involve actions such as speeding, running a red light, driving while distracted, or failing to yield the right of way to a pedestrian. Third, the breach of duty directly caused the accident and resulting injuries. Finally, the injured person suffered actual damages as a result of the accident, such as medical expenses, lost income, pain and suffering, or other losses.

It’s important to note that the legal process for suing someone who has run a person over can be complicated and time-consuming. Strict deadlines, known as statutes of limitations, dictate how long a person has to file a lawsuit after an accident. These deadlines vary by state, making it wise to consult with a personal injury attorney as soon as possible after the incident to ensure that legal rights are protected and important deadlines are not missed.

Additionally, the lawsuit process involves several stages, including filing the initial complaint, engaging in discovery (where both sides exchange information and evidence), potentially participating in settlement negotiations, and, if necessary, proceeding to trial. Each stage requires careful preparation and strategic decision-making, further highlighting the importance of having experienced legal representation.

Costs and Compensation

When pursuing a lawsuit against a driver who has run someone over, there are several types of damages that can be recoverable. These can include medical expenses, which covers the cost of emergency treatment, hospital stays, surgeries, medications, physical therapy, and any ongoing or future medical care related to the injuries sustained in the accident. Lost income may also be recovered if the injuries prevent the victim from working, including potential future earnings if the injuries result in long-term or permanent disability.

Pain and suffering is another type of compensation that may be awarded. This non-economic damage compensates for the bodily pain and emotional suffering experienced as a result of the accident and injuries. If the injuries significantly impact your ability to participate in activities you previously enjoyed, you may be entitled to compensation for loss of enjoyment of life. Property damage, such as the cost of repairing or replacing any personal property damaged in the accident, like a bicycle or smartphone, may also be included in the compensation.

In some cases, punitive damages may also be awarded. These are intended to punish particularly egregious behavior on the part of the driver, such as drunk driving or extreme recklessness, and to deter similar conduct in the future.

It’s worth noting that the amount of compensation a person may be entitled to can vary widely depending on the specific circumstances of the case. Factors that can influence the potential value of a claim include:

• The severity of the injuries.
• The long-term impact on the victim’s life.
• The strength of the evidence against the driver.
• The limits of applicable insurance policies.

Dealing with Insurance Companies

Speaking of insurance, it’s important to understand that in most cases, a lawsuit for being run over by a car will involve dealing with insurance companies. The at-fault driver’s auto insurance policy will typically be the primary source of compensation for the injured person’s damages. However, insurance companies are businesses focused on protecting their bottom line, and they often use tactics to minimize the amount they have to pay out on claims.

This is another area where the assistance of a personal injury attorney can be helpful. A lawyer can handle all communications and negotiations with insurance companies on your behalf, ensuring your rights are protected and you are not pressured into accepting an unfair settlement offer. If the insurance company refuses to offer a fair settlement, a lawyer can prepare the case for trial and advocate for the injured person in court.

While the prospect of going to trial may seem daunting, it’s important to remember that the majority of personal injury cases, including those involving pedestrians or cyclists struck by vehicles, are settled out of court. A skilled Orange County personal injury lawyer will work diligently to negotiate a fair settlement that adequately compensates their client for all of their losses. However, if a fair settlement cannot be reached, a lawyer will be prepared to take the case to trial to fight for their client’s rights and pursue the maximum compensation possible.

Multiple Liable Parties

It’s also worth noting that in some cases, there may be multiple parties who can be held liable for the accident. For example, if the driver who struck the pedestrian was working at the time of the accident, their employer may also be held responsible under a legal doctrine known as vicarious liability.

Identifying all potentially liable parties is an important step in maximizing the compensation available to the injured person. A personal injury attorney will conduct a thorough investigation to determine all possible sources of recovery and pursue claims against all responsible parties.

The Road to Recovery

For individuals who have been struck by a car, the road to recovery can be long and challenging. In addition to physical healing, there are often significant emotional and financial hurdles to overcome. Pursuing a lawsuit against the responsible driver can secure the financial resources needed to support recovery and rebuild one’s life after such a traumatic event.

However, it’s important to remember that the legal process can be difficult and time-consuming. Injured individuals should focus their energy on their physical and emotional recovery while allowing a personal injury lawyer to handle the legal aspects of their case. A lawyer can provide support and guidance throughout the process, from the initial investigation to settlement negotiations or trial if necessary.

Consulting with a personal injury lawyer

If you have been run over by a car, one of the most important steps you can take is to consult with an Orange County personal injury lawyer as soon as possible. Many lawyers offer free initial consultations, allowing injured individuals to discuss their case and understand their legal options without any financial obligation.

During this consultation, a personal injury lawyer can assess the strength of the case, explain the legal process, and provide an overview of what to expect moving forward. They can also answer any questions you may have about their rights and the potential value of their claim.

It’s important to choose an attorney with specific experience handling cases involving pedestrians or cyclists struck by vehicles. These types of cases can involve unique legal issues and require a deep understanding of traffic laws and regulations related to pedestrian and cyclist safety.

When meeting with a pedestrian injury lawyer, it’s helpful to bring any documentation related to the accident and injuries, such as police reports, medical records, and photographs of the accident scene or injuries. The more information a lawyer has to work with, the better they can assess the case and provide accurate advice.

The Sooner You Consult With A Personal Injury Lawyer, The Better

Being run over by a car is a traumatic experience that can have far-reaching consequences for the victim and their family. While pursuing a lawsuit against the responsible driver can’t undo the harm that has been done, it can provide a means of securing compensation to support recovery and help the injured person move forward with their life.

The process of suing someone for running a person over involves complicated legal territory, dealing with insurance companies, and potentially preparing for trial. This is why the support and guidance of a pedestrian injury lawyer are so important. A lawyer can handle all aspects of the legal process, allowing the injured person to focus on their recovery while knowing that their rights are being protected and their case is pursued diligently.

If you or a loved one has been struck by a vehicle, don’t hesitate to reach out to a pedestrian injury attorney to discuss your options. With the right legal representation, you can take steps towards holding the responsible party accountable and securing the compensation you deserve for your injuries and losses.

Remember, time is of the essence in these types of cases. The sooner you consult with an Orange County personal injury lawyer, the better positioned you’ll be to build a strong case and protect your legal rights. While the road ahead may seem difficult, with the support of a skilled legal advocate, you can work towards a resolution that provides the resources needed to move forward after such a life-changing event.