Pedestrians have the right of way in most states, but there are many drivers who do not respect this rule or keep pedestrians in mind when they drive. This driving leads to pedestrian accidents. If you or any loved ones have been injured as a pedestrian and the car driver was at fault, you are generally entitled to a settlement for the damages when you have been hit by a car.
What Happens When A Pedestrian Is Hit By A Car?
When a pedestrian is hit by a car on the road, the crosswalk, in a parking lot or any other place, the driver of the vehicle generally violated traffic laws or was not driving as they should. While there are certain cases where the pedestrian is at fault, it is more common for drivers to be at fault. In these accidents, pedestrians are generally left with trauma and painful injuries.
If you are hit by a car, you generally can and should hold the driver responsible for this both financially and legally. The settlement that you can get will cover medical costs, loss of wages as well as pain and suffering. When you pursue a settlement, you will not only ensure the driver pays for their mistake, you will offset the impact this accident can have on your life.
What To Expect During A Pedestrian Accident Claim?
If you have been hit by a car, you should consult a pedestrian accident lawyer. They will help you with your claim. There are 2 ways that they can go about doing this.
The most common is to file an insurance claim with the at-fault driver’s insurance company. They will negotiate the settlement with the insurance company based on the damages you have a legal right to claim. The second option will be to file a lawsuit against the at-fault driver through the civil courts.
If you want to use either method, you will need to prove that the driver was at fault for the accident. All drivers have a duty to act in a way that keeps pedestrians safe from harm. Your lawyer will generally use any evidence from the accident to show that the driver was negligent in this and was not acting with pedestrians in mind. This can include:
- • Picture of the accident scene
- • The police report of the accident
- • Treatment records for the injuries you received from the accident
- • Witness statements from people who were at the scene of the accident
- • Additional paperwork such as bills showing the cost and damages you have relating to the accident
If the driver is determined to be at fault, they or their insurance company will be liable for the costs of your claim. The settlement claim can include the medical bills you have for doctor visits and treatments of the injuries you sustained. It also covers wages from missing days at work because of the injuries as well as property damage from the accident. There is a potential for pain and suffering costs to be covered and it is more common with pedestrian accidents which result in serious injuries.
Unfortunately, these types of accidents are generally serious as pedestrians are hit by a large and heavy vehicle without any protection. This can result in you requiring substantial recovery for your injuries. In many of these accidents, the driver is found to be at fault and this allows you to recover all your expenses.
While this is the case, the insurance companies will generally offer a low settlement amount when negotiations first start. This is due to them wanting to limit the payout as much as they can because they are a for-profit business. You should never take the first offer and have an experienced pedestrian accident lawyer negotiate with them on your behalf. This will ensure that you get the settlement that you deserve.
If you were hit by a driver without insurance, they may still have to pay damages. This will be done out of pocket instead of through an insurance company. You should not give up if you find that the driver is uninsured.
Do You Need To Take The Driver To Court?
You will generally not have to take the driver to court as most of these claims are settled outside of court. Your lawyer will file an insurance claim with the driver’s insurance company and work on a settlement with them. It is rare for these cases to go to court, but if this happens, you need to have a good lawyer with you to ensure you are properly represented.
Pedestrian accidents are scary and overwhelming. If you are hit by a car, you are entitled to compensation for your recovery. You will need to hire a good pedestrian accident lawyer to help you navigate the claims process.