Are You a Pedestrian Hit by Car? Steps to Take Immediately After the Accident
Are You a Pedestrian Hit by Car? Steps to Take Immediately After the Accident
Pedestrians hit by car accidents are some of the most devastating and complex incidents in traffic law, often resulting in serious injuries, long-term disabilities, or even fatalities. The National Safety Council (NSC) data indicates that around 7,522 pedestrian deaths were reported in 2022 due to fatal pedestrian accidents. This is the highest number of pedestrian fatalities in 41 years since 1981.
Moreover, thousands more suffer pedestrian injuries that can lead to permanent disability and emotional trauma. As a personal injury law firm, we understand the deep impact a pedestrian accident can have on victims and their families.
This guide aims to provide detailed information on what steps to take immediately after an accident, legal aspects of pedestrian-car accidents, medical treatment, and long-term strategies to ensure you are protected and compensated for your injuries.
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Common Causes of Pedestrian-Car Accidents
Pedestrian accidents, often resulting in severe injuries or fatalities, are influenced by various factors. Understanding these can help in prevention:
- Distracted Driving and Walking: Using digital devices distracts both drivers and pedestrians, increasing accident risk.
- Driving Under Influence: Alcohol or drug-impaired drivers have reduced judgment and reaction times, endangering pedestrians, especially at night.
- Speeding: Excessive speed reduces a car driver’s reaction time and increases the severity of pedestrian accidents and injuries. A large number of pedestrian fatalities occur due to speeding.
- Reckless Behavior: Drivers operating their vehicles recklessly or ignoring pedestrian right-of-way laws, and pedestrians jaywalking or ignoring traffic signals, can lead to serious incidents.
- Bad Conditions: Rain, snow, ice, and road construction activities reduce visibility and road traction, making it hard for drivers to stop in time for pedestrians.
- Multi-Lane Roads: Arterial roads are busy with fast-moving traffic, making it challenging for drivers to notice pedestrians amidst the congestion.
- Vehicles Making Left Turns: Motor vehicle drivers focusing on oncoming traffic may overlook pedestrians in the crosswalk, leading to collisions.
The National Highway Traffic Safety Administration (NHTSA) data from 2022 reveals that the majority of pedestrian traffic fatalities took place in urban areas (84%), primarily on open roads (76%) rather than at intersections (24%), and occurred under dark conditions, whether lit artificially or not (74%).
Essential Steps to Take if You Are a Pedestrian Hit by Car
Being injured in a pedestrian accident is a painful experience. The steps you take immediately afterward will determine the strength and outcome of your personal injury claim. Here’s a detailed 10-step guide for a pedestrian hit by car to navigate this challenging situation effectively.
Step 1: Ensure Safety and Avoid Further Injury
Your first priority should be your safety. If you can move, get to a safe location away from traffic to avoid further harm. If you are seriously injured, try to stay still and wait for emergency responders. Ensuring your safety helps prevent additional injuries and allows first responders to reach you more easily.
Step 2: Call Emergency Services
Immediately dial 911 or ask someone nearby to call for emergency services. Reporting the accident is crucial for your safety and for creating an official record of the incident. Emergency responders will provide medical attention, and the police will document the scene, which will be critical for any insurance or legal claims.
Step 3: Seek Medical Attention
Even if you believe your injuries are minor, it is essential to get checked by medical professionals. Some pedestrian accident injuries, such as internal bleeding or concussions, may not be evident. Follow all medical procedures and keep detailed records of your treatment. After the detailed medical examination, inform the healthcare providers that you were involved in a pedestrian hit by car accident.
Step 4: Gather Information at the Scene
If it is possible for you, gather maximum information at the accident scene:
- Driver Information: Get the at-fault driver’s name, contact information, driver’s license number, and insurance details.
- Vehicle Information: Note the make, model, color, and license plate number of the motor vehicle.
- Witness Information: Collect contact, address, and other vital information from any witnesses to the pedestrian accident.
- Photos and Videos: Take pictures or videos of the accident scene, your injuries, the vehicle involved, and any relevant road conditions or signage.
Step 5: File a Police Report
Ensure that a police report is filed. This police report will be a strong piece of evidence in any legal or insurance claims. Provide the police with all the information you have gathered and a written account mentioning the time, location, weather conditions, actions or statements made by the driver witnesses. For instance, noting that the pedestrian signal was in your favor supports your claim that the driver failed to yield.
Step 6: Document Your Injuries
Maintain a journal documenting your injuries, pain levels, and how the accident affects your daily life. Take photographs or videos of your physical injuries over time to show their progression. Request copies of all medical records related to your accident, as these documents will be vital in substantiating your pedestrian injury claim.
Step 7: Notify Your Insurance Company
Report the accident to your insurance company without wasting any time. Provide them with the necessary information, including the police report and medical records, but avoid making detailed statements or accepting any settlement offers without consulting your lawyer. Informing your insurer that you were a pedestrian hit by a car provides the necessary context about the accident.
Step 8: Preserve Evidence
In addition to the evidence gathered at the scene, keep any clothing, shoes, or personal items that were damaged in the accident. These items can be utilized as evidence in your injury case. Also, maintain any broken personal belongings, such as a cell phone, as they can demonstrate the impact of the accident.
Step 9: Avoid Social Media
Be cautious about what you post on social media following the accident. Insurance companies and opposing lawyers may use your social media posts against you. It’s best to avoid discussing the accident or your injuries online to prevent any statements from being misinterpreted or used against you.
Step 10: Consult a Personal Injury Lawyer
Hiring an experienced personal injury lawyer is crucial to navigating the aftermath of a pedestrian accident. A pedestrian accident lawyer can help you understand your rights, gather and preserve evidence, negotiate with insurance companies, and represent you in court if necessary. Their expertise ensures you receive fair compensation for your injuries and other damages.
Taking these immediate actions can protect legal rights while building a strong compensation case. Always take safety precautions, seek medical attention, gather evidence, and consult with a personal injury lawyer experienced in handling cases of pedestrians hit by a car.
How to Determine Liability in Pedestrian-Car Accidents?
In most pedestrian-car accidents, liability is determined based on negligence. The injured pedestrian must demonstrate that the driver’s wrongful actions directly caused the accident. Key elements of proving liability include:
Duty of Care: Drivers had a duty to exercise reasonable care to ensure pedestrian safety, which includes yielding to pedestrians at crossings.
Breach of Duty: The pedestrian must show the driver violated this duty by, for example, speeding, running a red light, or failing to yield.
Causation: It must be evident that the breach directly caused the pedestrian’s injuries. For example, if a driver failed to stop at a crosswalk and struck a pedestrian, the pedestrian must show the accident and resulting injuries were due to the driver’s failure to yield.
Damages: A pedestrian hit by car must prove they suffered tangible damages like medical expenses, lost wages, and emotional distress.
Determining liability is complex, often requiring a personal injury lawyer to prove fault and counterclaims of pedestrian negligence, ensuring rightful compensation.
Different Negligence Laws by State
In some pedestrian accidents, both the car driver and the pedestrian may share liability. Many states apply comparative negligence laws, which adjust the compensation based on the injured party’s percentage of fault.
For example, in Illinois, a modified comparative negligence state, a pedestrian can recover damages only if they are less than 51% at fault. If a pedestrian is found 30% at fault for jaywalking, their compensation would be reduced by 30%.
In contrast, Missouri uses a pure comparative negligence system, where a pedestrian’s compensation is reduced by their percentage of fault, regardless of how much they contributed.
In pure contributory negligence states like Maryland, North Carolina, and Virginia, an injured pedestrian is completely barred from recovering any damages if they are even 1% at fault for the accident.
Insurance Coverage for Pedestrian Accident Victims
Insurance coverage plays a crucial role in pedestrian-car accidents, determining who pays for damages and how much compensation is available. Typically, the driver’s auto insurance will cover the pedestrian’s injuries through bodily injury liability coverage, which compensates for medical expenses, lost wages, and other related costs. However, complications can arise for a pedestrian hit by car when the at-fault driver is uninsured or -underinsured.
In such cases, the pedestrian may need to rely on their own insurance policies, such as Personal Injury Protection (PIP) or Uninsured Motorist (UM) coverage, to receive compensation. PIP, mandatory in some states, provides benefits regardless of fault, covering medical bills and sometimes lost wages, while UM coverage protects when the at-fault driver’s insurance policy is insufficient.
To determine liability and assess the extent of coverage, insurance companies will investigate these key questions.
- Where did the accident occur, and was the pedestrian in a marked crosswalk or another location?
- What was the speed of the motor vehicle at the time of the accident, and do skid marks or vehicle damage suggest excessive speeding?
- Did either party violate any traffic laws, such as jaywalking or running a red light?
- What were the visibility conditions, such as weather or lighting, at the time of the collision?
- Did the driver attempt any defensive maneuvers, such as braking or swerving, to avoid hitting the pedestrian?
- What do police reports and witness statements reveal about the conduct of both the driver and the pedestrian?
Filing a Pedestrian Accident Claim
Filing a pedestrian accident claim involves several key steps to secure compensation for injuries sustained. Start by gathering essential evidence, such as accident scene photos, witness statements, police reports, and medical records, which are crucial for building a strong case.
It is highly recommended for pedestrians to consult with an experienced personal injury lawyer. Your attorney will handle the legal complexities, from filing paperwork to negotiating with insurance companies. Once all evidence is gathered and medical treatment is underway, your lawyer will file the claim, typically with the at-fault driver’s insurance company.
Statute of Limitations
Understanding the statute of limitations is essential, as it dictates the timeframe for filing your claim, which varies by state. For instance, California allows a pedestrian hit by car 2 years from the date of the accident to file a lawsuit, Missouri 5 years, and Wisconsin has a statute of limitations period of 3 years.
Missing this deadline can dismiss your right to seek potential compensation for injuries. Therefore, it is crucial to act promptly and consult with a lawyer to ensure your pedestrian accident claim is filed within the statute of limitations.
Factors Affecting Compensation for Injured Pedestrians
Compensation in pedestrian accident lawsuits is determined by various factors:
- Medical Expenses: Covers costs for all medical treatments, from emergency care to long-term rehabilitation.
- Lost Earnings: Accounts for income lost due to the inability to work, including both past and future earnings.
- Pain and Suffering: Compensates for physical pain and emotional distress, considering the severity and impact of serious injuries.
- Punitive Damages: In cases where the at-fault party’s actions were particularly reckless or malicious, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar traffic accidents in the future.
Understanding these components can help victims secure the full compensation they deserve for the pedestrian accident.
Why Contact the Injury Lawyer Team after a Pedestrian Accident
Having the right legal representation is essential to secure the financial compensation you deserve for easy recovery. Our experienced personal injury law firm helps pedestrians struck by car accidents in the following ways:
Experience and Expertise
With several years of experience and a high success rate, our legal team has the expertise to handle pedestrian accident cases effectively. We thoroughly investigate accident scenes, gather crucial evidence, and leverage our expertise to counter insurance companies’ tactics, ensuring injured pedestrians receive the maximum compensation.
Proven Track Record of Success
We have recovered billions of dollars for victims of pedestrian accidents, covering medical expenses, lost wages, property damage, and pain and suffering. Our results demonstrate our commitment to achieving the best outcomes for our clients.
Personalized Attention
Every pedestrian accident case is unique. Our skilled pedestrian accident attorneys provide personalized legal strategies tailored to the specifics of your case. Whether it’s a crosswalk incident, hit-and-run, or a distracted driving scenario, we ensure you receive the focused support needed to confidently navigate the legal process.
Compassionate Support
Beyond our legal expertise, we offer compassionate care, understanding the physical and emotional toll a pedestrian accident can take. Our personal injury attorneys assist with medical care, handle negotiations with insurance companies, and provide valuable legal guidance.
Pay Only if We Win Your Case
Before engaging with our legal representation services, the injured party can discuss their options in our free initial consultation. Our personal injury lawyers work on a contingency fee basis, meaning you only pay if we win your case. Choosing our legal team means selecting a trusted advocate committed to protecting your rights.
Real-Life Examples of Pedestrian-Car Accidents
Case Study 1: Distracted Driving
At a busy city intersection, a texting driver hit a pedestrian, causing a broken leg and concussion. The police confirmed the driver’s phone use. With a personal injury attorney’s help, the injured pedestrian won $150,000 in compensation for medical expenses, lost wages, and pain and suffering, highlighting the severe impact of distracted driving.
Case Study 2: Jaywalking Incident
A pedestrian crossed the street outside of a designated crosswalk and was hit by a car. The pedestrian sustained minor injuries but was found to be 25% at fault for jaywalking. Despite this, they still received compensation for the pedestrian accident case, albeit reduced by their percentage of fault.
Case Study 3: Drunk Driving
A pedestrian was seriously injured by a drunk driver. The driver’s blood alcohol content was well above the legal limit, which is 0.08%. In this case, the injured party not only received compensation for their injuries but also punitive damages due to the driver’s reckless behavior.
Conclusion
Being a pedestrian hit by a car is an unfortunate incident that can result in severe injuries and even death. Understanding the causes, legal implications, and steps to take after a pedestrian accident can help an injured party and their family seek justice. Ensuring immediate medical attention, gathering evidence, notifying your insurance company, and consulting with a pedestrian accident lawyer are critical steps to receiving fair compensation for your injuries and other damages.
If you or a loved one has been involved in a pedestrian-car accident, don’t hesitate to contact the Injury Lawyer Team. Call (888) 424-5757 to schedule a free consultation with our skilled pedestrian accident lawyer. As personal injury lawyers, we are dedicated to helping injured pedestrians recover maximum compensation for their accident damages and justice.
FAQs
What injuries might someone suffer if they’re hit by a car?
Getting hit by a car can result in pedestrian injuries ranging from minor bruises to life-threatening injuries, including broken bones, traumatic brain injury, and internal damage.
Can pedestrians be at fault in traffic accidents with cars?
Yes, pedestrians can sometimes be held responsible for traffic accidents if they violate traffic laws by jaywalking, crossing against traffic signals, or stepping into traffic unexpectedly.
What is the typical compensation for pedestrian accidents
The average payout for a pedestrian hit by car varies widely, ranging from $10,000 to millions of dollars, based on the severity of the pedestrian injuries and accident circumstances.