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Legal Options for a Pedestrian Hit by a Car

Legal Options for a Pedestrian Hit by a Car

A car hit you in a crosswalk. You have broken bones, a road rash, and your back is killing you. What are your legal options? You can file a personal injury claim on the driver’s auto insurance in most states. If settlement negotiations falter, you also can file a personal injury lawsuit for damages.

Unfortunately, nearly 8,000 pedestrians die in car accidents every year, and around 100,000 suffer injuries. These deaths and injuries cost the country billions in lost productivity annually.

Being injured as a pedestrian is a grave matter, and you should take your physical condition and legal rights seriously. Always get medical treatment immediately, and then, you should retain a pedestrian accident attorney to represent you if someone else injured you. Only a skilled attorney will maximize your compensation for medical bills, lost income, and pain and suffering.

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What Are Your Legal Options After A Pedestrian Accident?

A boy lies on the roadway behind a parked car, visibly injured with wounds on his legs.

Pedestrians hit by a car usually have financial losses, including medical expenses and lost earnings. They may also have mental anguish and pain and suffering stemming from their injuries and treatments.

You may receive compensation in a personal injury claim if a driver has hurt you. Your legal options after a pedestrian accident with a driver are:

  • File a claim with the liable driver’s insurance policy for your economic and non-economic losses.
  • File a claim with your insurance policy for your pedestrian accident losses. This may be the best choice if the driver lacks insurance or it was a hit-and-run. Many people have uninsured driver coverage on their auto insurance policy.
  • File a personal injury lawsuit against the driver who injured you. Your attorney will probably try to settle a claim with their insurance company. Most personal injury claims are resolved with a settlement. But if settlement negotiations don’t work, you can file a lawsuit and take your case to a jury.
  • File a claim with your own health insurance policy. You may need to work with your health insurance company to cover your medical bills (minus deductibles and copays) as your legal case is settled. Later, your health insurance company may seek reimbursement from the at-fault party or their insurance company when the case is resolved.

Your pedestrian accident attorney will take the lead on any legal option. They will usually settle the case for you with the liable insurance company, deduct their legal fee, and wire you the rest of the money. Or, they will represent you in court and attempt to convince the jury to award damages for your losses from the liable driver.

It’s best for an injured pedestrian to hire a pedestrian accident lawyer to handle their case. Most accident victims receive more money by hiring an attorney than by negotiating their own settlement.

Retaining a skilled attorney is even more important in a pedestrian accident case. You probably have severe injuries and related losses, so obtaining the most compensation is perhaps critical to your future and recovery.

You Don’t Have To Accept A Lowball Settlement

Assuming the driver caused the accident, the liable insurance company will likely offer you a settlement to end the case. Most initial settlement offers are the minimum the company offers. You don’t have to accept it, and you usually should not.

The initial pedestrian accident settlement offer is just opening negotiations. It’s usually best to accept a settlement offer instead of going to court, but you should negotiate to obtain more money.

A skilled pedestrian accident attorney knows how to negotiate with insurance companies and is your best legal path to fair compensation. They have experience in personal injury claims and know roughly what your case is worth. Your attorney will negotiate for a fair settlement. Failing that, they will take your case to court in a lawsuit.

If the case is scheduled for trial, there is still a chance it can be settled. Many insurance companies eventually settle before a jury trial. They know that a tenacious trial attorney can convince a sympathetic jury to award more money than the best settlement offer.

Proving Fault After A Pedestrian Accident

Suppose a driver hits and injures you in a crosswalk. You have medical bills, lost earnings, pain and suffering, and you can’t sleep. You want the other party to pay for your losses, but how? You must prove that the other party was negligent and caused the accident. Doing so is often more complex than you think, even if you are sure the driver was at fault. You must prove negligence to receive damages as follows:

  • The driver had a duty of care to you: All drivers on public roads have a duty of care to other drivers and pedestrians to drive safely. They also are supposed to stop at crosswalks and follow the speed limit.
  • The driver violated their duty of care: For instance, the driver didn’t yield to you in a crosswalk and hit you.
  • The breach of duty injured you: You broke your arm and suffered road rash when you hit the ground.
  • You have financial damages from the injury: This usually begins with medical bills, but can include much more.

A car accident attorney has the knowledge and experience to collect accident evidence and prove the other party caused the accident. Typical accident evidence to prove fault includes witness statements, surveillance video, cell phone records (if the driver was distracted), photos and video of the crash scene, and police reports.

What If The Driver Is A Hit-And-Run?

A hit-and-run crash is exceptionally upsetting for an injured pedestrian. You have severe injuries and losses and no one to hold accountable.

Unfortunately, drivers frequently hit pedestrians and leave the crash scene. They may be drunk, uninsured, or simply want to avoid the consequences. Fleeing the scene of an accident without rendering aid is a serious offense. If found, the driver can face criminal charges, and you also can file a civil claim for your losses.

A pedestrian accident attorney is an invaluable resource in a pedestrian hit-and-run case. Your attorney will help determine the most viable legal options to ensure you are compensated and cared for:

Uninsured Driver Coverage

Your attorney may help file an uninsured driver claim on your policy. Some states require drivers to carry this coverage. Others require the insurance company to offer it, but it can be declined. If you have this insurance, your attorney will ensure that the claim on your policy goes smoothly. Your own insurance company can still contest the claim and the extent of your damages.

MedPay

MedPay is optional insurance coverage that pays the accident victim for medical bills. If you opt for this insurance, your attorney can help with the claim. MedPay may pay for outpatient and inpatient care, ambulance and ER expenses, hospitalization, or surgery. But it won’t cover lost income or property damage.

Health Insurance

You also may file a claim on your health insurance in a hit-and-run claim. This will cover at least some medical bills while the police look for the driver. Your attorney may also assist in trying to find the hit-and-run driver.

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Why You Need Medical Care Immediately After A Pedestrian Accident

After being hit by a car, you should go to the doctor immediately. Even if you think you are not hurt, you should still be seen by a medical professional before going home.

Some pedestrian accident injuries may not be noticeable initially, and you can think you are fine. However, the next day, you can wake up with a terrible headache and unable to walk. You may have suffered nerve damage, head injury, or something else. But waiting for medical care may worsen your injuries.

There’s more. The insurance company may question your injuries and whether their client caused them. You can prevent this problem by getting medical assistance right after the crash. Doing so will help your pedestrian accident attorney make the strongest case.

Your attorney ensures that the liable insurance company only reviews the medical records related to the accident. It’s a common mistake to allow the insurance company to access your medical history. The adjusters will look at your medical history and try to find another cause of your injuries.

What If Your Loved One Died In A Pedestrian Accident?

It’s unfortunate, but thousands of pedestrians and cyclists die in auto accidents annually. If a driver hit and killed your loved one, you can file a wrongful death lawsuit. A wrongful death claim is similar to a personal injury claim. The major difference is the person who would have filed the personal injury claim passed away. You can receive compensation for your damages related to the death, including:

  • Burial, funeral, and medical expenses. You could have extensive medical bills from the hospital treating your loved one before they passed.
  • Mental and emotional anguish related to losing your loved one.
  • Pain and suffering of the deceased before they died.
  • Loss of companionship and services from your relative. This may include the loss of relationship suffered by you and your children.
  • Loss of emotional support and guidance for the family.
  • Loss of inheritance and benefits.
  • Loss of current and future income.

Don’t Fall For Pedestrian Accident Claim Myths

Many people think they know certain things about pedestrian accident claims, but they are often untrue. Your best source for accurate information on legal options is your pedestrian accident lawyer, so beware of these misconceptions:

  • You can’t get compensation if you weren’t in a crosswalk: You should use a crosswalk if available, but you still can receive compensation if you didn’t. If the driver was at least partly negligent, you can still be compensated for your losses.
  • The police didn’t ticket the driver, so you can’t sue: The police consider many things when deciding whether to cite the driver. Not getting a ticket doesn’t mean the driver didn’t cause the accident. Your attorney will review the accident circumstances and decide if fault can be proven.
  • The driver’s insurance adjuster will compensate you: They might or might not. They also can reject the claim outright or pay much less than you deserve. Adjusters know that most accident victims have only a dim understanding of what their claim is worth. You are better off having a car accident attorney negotiate with the insurance company.
  • You only can get money if the car hits you: Most pedestrian crashes involve a vehicle hitting the person, but not always. Suppose the driver swerved and avoided you at the last second, but you fell and hit your head. You still may obtain compensation in a personal injury claim.
  • Only a high-speed accident causes serious injuries: A high-speed pedestrian accident always triggers severe injuries. But a low-speed accident may also be devastating. A car weighing 4,000 pounds or more can cause serious injuries even at a few miles per hour. Older adults often suffer severe injuries in any pedestrian accident because their bones and tissues are more fragile.
  • You don’t need a lawyer for a minor accident: Any pedestrian accident caused by another driver is potentially severe or devastating. If a driver hits you, always have a pedestrian accident attorney review your case. They won’t take a case that won’t lead to compensation, so there’s no financial risk for you.

File Your Pedestrian Accident Claim Promptly

You only have a limited time to file a personal injury lawsuit. Every state has a statute of limitations for filing personal injury claims. For example, in California, you have just two years from the date of injury to file your claim. Act quickly and retain a pedestrian accident attorney today to ensure your claim is filed on time.

Talk To A Pedestrian Accident Attorney Today

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Were you hit by a car recently? Being devastated by severe injuries and medical bills is a nightmare. You don’t have to suffer financially if another person injures you. A pedestrian accident attorney can help you receive compensation for your injuries and other losses. Talk to a personal injury lawyer today in a free consultation. You don’t pay unless your attorney wins your case.

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