Pedestrian accidents are unfortunately a common occurrence on our roads, and they can have devastating consequences. As a pedestrian, navigating through the aftermath of a pedestrian accident can be overwhelming, and understanding the legal and medical steps to take is crucial.

If you were injured in a pedestrian accident, a personal injury lawyer can guide you through the complexities of filing a claim. The Auto Accident Team will connect you with a skilled attorney who understands the unique challenges you may face. They will gather evidence, negotiate with insurance companies, and ensure that your rights are protected throughout the legal process, so you can focus on your recovery.

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Written by AUTO ACCIDENT TEAM
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What Should You Do Immediately After a Pedestrian Accident?

Being involved in a pedestrian accident can be a frightening and confusing experience. Knowing the immediate steps to take not only ensures your safety but also helps in protecting your rights.

Here is what you need to do right after a pedestrian accident:

  1. Seek medical attention: Your health is the top priority. Even if you believe your injuries are minor, it is important to get checked by a medical professional. Some injuries might not be immediately apparent. 
  2. Call the police: The police will document the scene and gather information that is essential for any future claim. Make sure to obtain a copy of the police report. 
  3. Gather information: If you are able, collect names, contact details, and insurance information from the driver involved, as well as contact information from any witnesses. These details will be invaluable later on. Your personal injury lawyer can also help you collect evidence. Make note of the businesses around you that may have video surveillance.
  4. Document the scene: Take photographs of the accident scene, your injuries, and any damage to your belongings. Visual evidence can strongly support your case. 
  5. Avoid discussing fault: Be careful not to admit fault or make statements that could be used against you later. It is best to limit communication with the other party and avoid discussing the details of the accident on social media.
  6. Consult with an attorney: Before accepting any final compensation offers, it is advisable to speak with a lawyer who is skilled in pedestrian accidents. They can provide guidance on your rights and the best course of action. The majority of personal injury law firms offer a free initial consultation, so you have nothing to lose by speaking with them.

Taking these steps immediately after a pedestrian accident can significantly impact the outcome of any legal proceedings or insurance claims.

How to Determine Liability in a Pedestrian Accident

Driver Negligence vs Pedestrian Negligence

Determining fault in a pedestrian accident involves examining several factors to understand each party’s actions leading up to the incident. Both the pedestrian and the driver have obligations under the law to behave in a manner that prevents harm. Liability is determined based on whether any of these obligations were breached, resulting in negligence. 

For the driver, negligence can include speeding, not yielding the right of way to pedestrians at crosswalks, driving under the influence of alcohol or drugs, not obeying traffic signals, and, most commonly, distracted driving. If a driver is found to have violated traffic laws or engaged in reckless behavior that caused the accident, they may be held liable for the injuries sustained by the pedestrian. 

Conversely, pedestrians must also adhere to the rules of the road. This includes crossing streets at marked crosswalks, obeying pedestrian signals, and not suddenly stepping out into traffic from between parked cars or other obstructions. Jaywalking, or crossing the street outside of a designated crosswalk, can significantly impact the determination of fault. If a pedestrian is found to have been jaywalking at the time of the accident, this may reduce or even eliminate their ability to recover damages or may shift a portion of the liability to them. 

In some cases, the fault may be shared between the driver and the pedestrian, leading to a comparative negligence assessment. This means that the responsibility for the accident is divided according to each party’s level of fault, which can affect the compensation received by the injured pedestrian.

Common Injuries Resulting from Pedestrian Accidents

When a pedestrian is involved in an accident with a vehicle, the lack of protection compared to those inside the vehicle means injuries can be severe or life-changing. The impact and the aftermath of such accidents typically lead to a range of physical injuries, which can vary greatly in severity depending on the circumstances of the collision.

Some of the most common injuries include: 

Head and brain injuries
Bone fractures
Spinal cord injuries
Soft tissue injuries
Cuts and lacerations
Internal injuries
Death
  • Head and brain injuries: These can range from concussions to traumatic brain injuries (TBI) caused by the pedestrian’s head striking the vehicle or the ground. Symptoms can be immediate or develop over time, leading to long-term complications. 
  • Bone fractures: The force of impact can break bones in pedestrians. The most common fractures occur in the legs, arms, ribs, and pelvis. Recovery may involve surgery and lengthy rehabilitation. 
  • Spinal cord injuries: These injuries can result from the force exerted on the pedestrian’s body, leading to temporary or permanent paralysis and other neurologic impairments. 
  • Soft tissue injuries: This includes injuries to muscles, ligaments, and tendons. Examples are sprains, strains, and tears, which can cause significant pain and disability.
  • Cuts and lacerations: These injuries can be caused by contact with the vehicle or being thrown onto the pavement. They may require stitches and could lead to permanent scarring or disfigurement. 
  • Internal injuries: The force of impact can cause internal bleeding and damage to internal organs, which may not be immediately apparent but can be life-threatening if not treated promptly. 
  • Death: Unfortunately pedestrians do not have the same protection people have in an automobile or even the protective gear worn by bikers and cyclists. Although rare, pedestrian accident deaths can happen, which is why it is important to always be a defensive pedestrian while out on the streets.

Your pedestrian accident lawyer will work with you to determine the full scope of your injuries so that you get the maximum compensation you deserve.

Understanding the Insurance Process After a Pedestrian Accident

Initially, if you have personal injury protection (PIP) or medical payments (MedPay) coverage as part of your auto or health insurance, these can offer immediate financial assistance for medical expenses, regardless of who was at fault. It is crucial to report the accident to your insurance provider promptly to activate these benefits. 

The driver involved in the accident may have liability insurance, which is designed to cover damages or injuries they caused. Your claim may involve negotiating with the driver’s insurance company to cover medical expenses, lost wages, and other related costs. In some instances, the coverage limits of the driver’s insurance policy may not fully meet your needs, especially in the case of severe injuries. 

Uninsured or underinsured motorist coverage can also play a vital role if the driver at fault does not have adequate insurance or even worse they flee the scene. This part of your insurance is specifically for scenarios where the other party’s insurance is insufficient or nonexistent, providing you with a safety net.

6 Steps to Handle Insurance After an Accident

01.
Report the Accident

Notify your insurer and the driver’s insurance. File a claim if you have PIP or MedPay for immediate medical costs.

02.
Gather Evidence

Get the police report, medical records, and photos. Collect witness statements.

03.
File Your Claim

Submit documentation for medical bills, lost wages, and property damage.

04.
Negotiate a Settlement

Review the offer with an attorney and negotiate for fair compensation.

05.
Use Additional Coverage

If the driver is uninsured/underinsured, use your policy’s coverage.

06.
Settle or Go to Court

Accept the offer or let your attorney take the case to trial if needed.

What Are the Legal Rights of a Pedestrian Accident Victim?

Pedestrian accident victims possess a variety of important legal rights designed to protect their well-being and ensure they receive fair compensation for their losses. Understanding these rights can make a significant difference in how you approach a personal injury claim. Here are a few to keep in mind:

The Right to Seek Compensation for All Damages

After a pedestrian accident, victims have the right to pursue compensation for all damages incurred as a result of the incident.

This encompasses a wide array of potential losses, including the following:

Medical
expenses
Lost
Wages
property
damage
pain &
suffering
punitive
damages
  • Medical expenses: Victims can seek reimbursement for hospital stays, surgeries, ongoing treatment, physical therapy, and future medical care related to their injuries.
  • Lost wages and diminished earning capacity: If the accident results in time away from work or even a long-term reduction in earning ability, victims have the right to claim compensation for those lost wages. In cases of permanent injury, this may extend to lost future earnings.
  • Pain and suffering: Emotional and physical pain often accompany severe accidents. Victims are entitled to compensation for their emotional trauma, anxiety, depression, and the loss of enjoyment of life.
  • Property damage: Any personal items, such as electronics, clothing, or other belongings damaged in the accident, can also be included in a claim.
  • Punitive damages: If the driver’s conduct was particularly reckless, such as in cases involving DUI or excessive speeding, the victim may be entitled to punitive damages meant to punish the at-fault party and deter similar behavior in the future.
  • Wrongful death: If the pedestrian accident resulted in a fatality, the victim’s family might be entitled to compensation for funeral and burial expenses, loss of financial support, and loss of companionship.

The Right to Legal Representation

Pedestrian accident victims have the fundamental right to legal representation. This means they can retain a personal injury lawyer to represent them throughout the entire claims process. An attorney will handle complex legal issues, collect evidence, and negotiate on the victim’s behalf, ensuring their rights are upheld. Victims are not obligated to deal with insurance companies or the legal system on their own.

The Right to Hold Negligent Parties Accountable

Pedestrians have the right to hold any negligent party accountable for the harm caused. If the driver was speeding, distracted, or violating traffic laws, the victim can file a claim against the driver’s insurance, and, if necessary, take the case to court. In some situations, there may be additional parties that can be held responsible, such as a vehicle manufacturer in the case of mechanical failure or even a local government entity if the accident was caused by unsafe road conditions or poor signage.

The Right to Fair Negotiation and Trial

While many pedestrian accident claims are settled outside of court through negotiations, victims have the right to take their case to trial if a fair settlement cannot be reached. Victims do not have to accept lowball offers from insurance companies. If the insurance company refuses to offer just compensation, their lawyer can present the case before a jury to seek appropriate damages. This right ensures that victims have an avenue to pursue the justice they deserve when insurers fail to offer fair settlements.

The Right to Timely Action

Time is a critical factor in pedestrian accident cases, as each state has a statute of limitations that sets a deadline for filing personal injury claims. Failing to file within this time frame can permanently bar victims from seeking compensation. Victims have the right to initiate legal action within their state’s statute of limitations, and they are encouraged to begin the process as soon as possible to preserve their right to recovery.

A personal injury lawyer can offer skilled guidance throughout the claims process, advocate on the victim’s behalf, and negotiate with insurance companies to ensure fair compensation is received. Having professional legal support can make a significant difference in the outcome of a claim and the overall burden of the accident on the victim’s life.

How Long Do You Have to File a Claim After a Pedestrian Accident?

The timeframe to file a claim following a pedestrian accident, known as the statute of limitations, is a critical factor that varies by state. For instance, in California, Georgia, and Texas, the statute of limitations is two years from the date of the accident. This period is the window you have to initiate legal action against the party at fault. It is pivotal to act within this timeframe, as once the statute of limitations expires, you may lose the opportunity to file a claim and seek compensation for your injuries and losses. 

Due to the complexities of legal procedures and the time needed to gather evidence and build a strong case, starting the process as soon as possible is highly advisable. Waiting too long can jeopardize your ability to recover damages and get the justice you deserve.

If you were injured in a pedestrian accident, a personal injury lawyer can guide you through the complexities of filing a claim. The Auto Accident Team will connect you with a skilled attorney who understands the unique challenges you may face. They will gather evidence, negotiate with insurance companies, and ensure that your rights are protected throughout the legal process, so you can focus on your recovery.

What Evidence is Essential for a Pedestrian Accident Case?

To establish a strong pedestrian accident case, compiling a comprehensive collection of evidence is paramount. This evidence not only aids in proving the liability of the party at fault but also in quantifying the damages and injuries suffered. 

Some types of essential evidence for your claim include:

  • Police report: This document provides an official account of the accident, including details of the involved parties, witness statements, and the officer’s observations at the scene. 
  • Medical records: This includes documentation of all medical treatments received as a result of the accident, including emergency room visits, diagnostics, prescriptions, and any ongoing therapies. 
  • Witness statements: Accounts from people who saw the accident unfold can offer invaluable insights into how the incident occurred and who was at fault. 
  • Photographic evidence: Pictures of the accident scene, including road conditions, traffic signals, pedestrian crossings, and any obstructions, alongside photos of injuries and damaged personal belongings, are crucial. 
  • Surveillance footage: Videos from nearby security cameras can provide a clear visual narrative of the accident, capturing details that may have been missed otherwise. 
  • Personal documentation: A diary or notes detailing the aftermath of the accident, including pain levels, mobility issues, and how the injuries have affected your daily life, personalizes the impact of the incident. 
  • Employment records: To claim lost wages, documentation from your employer regarding your regular earnings and any time missed from work due to the accident is necessary.

Working with a skilled pedestrian accident lawyer and being armed with this evidence helps ensure your rights are protected. It is not just about proving who was at fault but also about vividly illustrating the accident’s impact on your life. Remember, each piece of evidence strengthens your position, moving you closer to achieving the justice and compensation you deserve.

Did You Know?

Surveillance footage can make or break your case.

What Are the Pitfalls of Self-Representation in Pedestrian Accident Claims?

Navigating a pedestrian accident claim on your own can present a series of daunting challenges. Without the knowledge of a seasoned attorney, you might find yourself up against insurance companies and legal teams that have vast resources and experience in minimizing or outright denying claims. One of the significant pitfalls of self-representation is the risk of undervaluing your claim. Without a thorough understanding of how to accurately assess damages, you may settle for far less than what you are entitled to. 

Additionally, the legal complexities surrounding pedestrian accident claims can be intricate. Identifying and proving negligence requires a comprehensive understanding of state laws and an ability to navigate the judicial system effectively. Missteps in this process, such as missing critical deadlines or improperly filing paperwork, can jeopardize the success of your claim. Insurance companies may also employ tactics designed to exploit a layperson’s lack of legal knowledge, pressuring you into accepting premature final compensation or making statements that could harm your case. 

Furthermore, managing a claim while recovering from injuries can be physically and emotionally taxing. The stress of handling legal negotiations and the demands of the claim process can impede your recovery. Professional legal assistance alleviates these burdens by handling the complexities of your case, allowing you to focus on healing. 

Although self-representation might seem like a way to save on legal fees, the pitfalls typically outweigh the perceived benefits.

How Can an Attorney Assist in Negotiating a Fair Compensation?

Attorneys possess a deep understanding of the law, as well as the intricacies of insurance claims and negotiation strategies, enabling them to effectively advocate on behalf of their clients. 

An experienced personal injury lawyer begins by meticulously evaluating all aspects of your case, including the extent of your injuries, the impact on your quality of life, and any future medical treatments or financial losses you may face. With this information in hand, attorneys then engage with insurance companies. Personal injury lawyers are adept at navigating these discussions, countering lowball offers, and presenting compelling evidence to justify the true value of your claim. Their objective is to secure a final compensation amount that fully compensates for your losses. 

Furthermore, having legal representation signals to insurance companies that you are serious about obtaining fair compensation. This can lead to more respectful negotiations and deter insurers from employing tactics that aim to undervalue your claim. If negotiations stall or the insurance company refuses to offer reasonable compensation, your attorney is prepared to take the case to court, demonstrating their commitment to achieving the best possible outcome for you.

Attorney vs. Self-Representation Comparison

Aspect

Attorney Representation

Self-Representation

Legal Knowledge

Deep understanding of personal injury laws and negotiation tactics.

Limited knowledge of laws and claims process.

Evidence Gathering

Can effectively collect, organize, and present evidence to strengthen the case.

May struggle to gather all necessary evidence or present it properly.

Negotiation Skills

Skilled at negotiating with insurance companies to maximize compensation.

More likely to accept a low offer due to lack of experience.

Time and Effort

Handles all legal work, allowing the victim to focus on recovery.

Must manage the entire process while recovering from injuries.

Chance of Fair Compensation

Higher likelihood of securing maximum compensation, including non-economic damages.

Risk of undervaluing the claim and settling for less than deserved.

Court
Representation

Prepared to take the case to trial if a fair settlement is not reached.

May not be prepared to navigate court proceedings effectively.

Potential Compensation for Pedestrian Accident Victims

Victims of pedestrian accidents face not only the physical and emotional toll but also financial challenges that can arise from medical expenses, lost wages, and other related costs.

The compensation can vary significantly based on the specifics of each case, but generally, it may include: 

  • Medical expenses: Covers current and future medical treatments, surgeries, medications, and any rehabilitative therapies required due to the accident. 
  • Lost wages: Compensation for the income lost while recovering and unable to work, as well as potential lost earning capacity if the injuries result in long-term disability affecting the ability to work. 
  • Pain and suffering: Acknowledges the physical pain and emotional distress suffered as a result of the accident, including anxiety, depression, and loss of enjoyment of life. 
  • Punitive damages: In cases where the negligence was particularly egregious, punitive damages may be awarded as a way to punish the responsible party and deter similar conduct in the future. 
  • Wrongful death: If the pedestrian accident resulted in a fatality, the victim’s family might be entitled to compensation for funeral and burial expenses, loss of financial support, and loss of companionship. 

The pursuit of fair compensation is a complex process that involves navigating legal hurdles and negotiating with insurance companies. An experienced pedestrian accident attorney can provide invaluable assistance in this process, ensuring that victims and their families receive the full compensation they deserve.

The Auto Accident Team Is Here to Help With Your Pedestrian Accident Case

Pedestrian accidents can leave you with serious injuries, mounting medical bills, and overwhelming stress. Our role at the Auto Accident Team is to connect you with experienced attorneys who can advocate on your behalf and handle the legal complexities while you focus on healing. With access to a network of legal professionals skilled in pedestrian accident cases, you will have someone fighting to ensure your rights are protected and that you receive fair compensation.

Do not face the insurance companies and legal challenges alone. The attorneys we connect you with have a proven track record of negotiating with insurance companies and, when necessary, pursuing litigation to secure the best possible outcome for their clients. Take the next step toward recovery by contacting us at (877) 236-2391 or filling out our contact form.

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