The First Steps Following a Pedestrian Accident
The very first thing you need to do after a pedestrian accident is go get checked out by a doctor. Even if you're fine and you don't believe you got hurt, it's always safer to go get checked out by the doctor. Internal injury or damage to soft tissue isn't always visible.
Once you've reported the accident medically, you must report the accident as completely as you can. That means, of course, taking pictures of the accident scene, getting statements from witnesses, and getting information from the driver, such as insurance and contact information.
Notifying the Accident and Filing a Police Report
Once treated, make sure you report the accident to the police. Reporting the accident is important in creating a record of the accident, which can be used in any subsequent legal proceeding. The police report will contain the details of the accident's location, the involved parties, and the tickets issued to the driver.
These kinds of accidents occur mostly in crowded areas and hence the police have a significant role to play in determining the fault.
Investigation of the Cause and Fault
Next after you have reported your accident to the police and initiated your medical care, then you should establish why the accident occurred. It may be as a result of such factors as speeding, distraction while driving, running a red light, or alcohol impairment. The cause of the accident will establish fault and liability.
It will be wise at this point to seek the services of a pedestrian accident lawyer who deals with pedestrian accidents. They will advise you on how to get evidence, walk through the facts surrounding the accident, and what to do next.
Claiming for a Pedestrian Accident
Once liability is determined, your lawyer will assist you in filing a claim for a pedestrian accident. This can be either an insurance company claim by the driver or a personal injury lawsuit when the insurance company will not make a reasonable settlement.
Your attorney will work to prove that the driver was careless and that their actions caused your injuries directly. This could involve gathering witness accounts, watching traffic cam video, or gathering medical proof of your injuries.
Compensation in Pedestrian Accident Claims
In pedestrian accident cases, damages recoverable typically are medical expenses, lost wages, pain and suffering, and cost of future care in case of permanent injury. In other cases, you can recover emotional distress and loss of enjoyment in life damages.
Keep in mind that insurance companies will most probably present you with an initial sum for much less than your rightful entitlement. A good lawyer will assist you in receiving the sum you are entitled to and prevent you from being pressured into receiving a small amount.
Also Read: Do You Need an Accident Injury Lawyer?
The Role of Comparative Fault in Pedestrian Accidents
There may be cases where the driver is not at fault. If the pedestrian was jaywalking, distracted, or breaking traffic law, the claim would be comparative fault. This is where the driver and pedestrian can both be at fault in some percentage. In cases such as those, your settlement will be reduced by your percentage of fault.
Conclusion
The legal process of claims for pedestrian accidents may be complex, but knowing the steps involved is important in order to ensure that you get a good compensation for your injuries. From collecting evidence to negotiating with insurance companies or proceeding to court, having an able pedestrian accident lawyer by your side is important. They can assist you in the process, safeguard your rights, and help you get the justice that you deserve.
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We are a group of lawyers and attorneys specializing in personal injury cases. When we can make time, we also write informative content on various complex aspects of these cases to help victims and their loved ones make informed decisions when seeking compensation.