If you were hit by a car while walking, seek medical assistance immediately. If you can, move yourself out of the street into a safe area.
You should keep the driver on the accident scene and don’t let him or her leave after getting hit by a car. You should call the police and wait for them to arrive on the scene.
Be sure not to discuss fault on the scene or to the motorist's insurance company. You should also contact your insurance company and seek the help of a personal injury lawyer.
You should work diligently to keep the driver on the scene, but if you feel threatened by the driver, just get as much information as you can so the police officers can track him or her down.
In that case, get a description of the driver and the vehicle as well as the tag number and the direction of travel. Jot down details about the accident while it is still fresh in your memory. The more detailed information that you have, the more likely you are to succeed with your case and get compensated for your damages for getting hit by a car.
Regardless the scenario, being hit by a car when walking is never a pleasant experience and it oftentimes leads to severe injuries that then lead to unexpected medical bills and treatments. The medical expenses that you are suddenly faced with can quickly cause your finances to spiral out of control.
What to Do After You Are Hit by a Car While Walking
If you are a pedestrian and you were hit by a car, the first thing that you need to do is to call the police. This is only if you are physically able to do so though.
If you are seriously injured, then you need to seek medical care immediately. If you are able to handle the situation yourself and do not need to immediately go to the hospital, call the police and stay on the scene until they arrive.
If you were hit by a car and leave, you will not be able to file an accident report with the police because it is not at the scene.
The police are only able to accident an accident report not at the scene is if the person driving the car fled after they hit you.
While at the scene with the police, they may be able to help you start the process of filing a claim with the driver’s insurance company.
The next thing you need after you’ve been hit by a car as a pedestrian to do is get the information from the driver.
Try to take a photo of their driver’s license and her license plate. You also need to make sure you get the driver’s insurance information.
You should also get contact information from any witnesses if there are any. What you need is their names and their phone numbers.
You may need them down the road to testify on your behalf if your claim gets to that point.
After you’ve been hit by a car, take photos of the scene. That includes the car, street signs, the scene of the accident.
Even if it doesn’t feel like a medical emergency, you should still get yourself treated at a hospital. Those injuries could linger down the road if it is not treated right away.
The last thing that you need to do is to file an insurance claim. There are a lot of steps to take after you’ve been hit by a car. You can submit a car accident demand letter outlining the damages you believe you are owed.
If you seek the help of a personal injury lawyer, they may be able to help make this process easier and go over much smoother.
Steps to Take After Getting Hit by a Car
Getting hit by a car can cause catastrophic injuries. If you are a victim of a car accident that injured you while you were walking, you might have a persuasive enough case to file a civil lawsuit.
However, you should follow a few steps to boost the chances of a judge or jury awarding you monetary damages.
- Contact law enforcement
- Seek immediate medical care
- Record your injuries
- Contact your insurance company
- Reach out to a personal injury lawyer
Contacting law enforcement helps you acquire the evidence you need to demonstrate fault. The nearest law enforcement agency completes a thorough report that represents the most compelling evidence for most personal injury cases.
Your attorney and insurance company require a police report to determine how to proceed with your case. If your injuries are too severe for you to contact law enforcement, someone at the scene should do it for you.
Seek medical care after the incident. Getting hit by a car can produce life-altering injuries such as brain trauma, compound fractures, and spinal cord damage.
To receive just compensation from your insurance company and/or a civil court, you must present evidence that you suffer from serious injuries.
The healthcare provider that treats you should send you copies of your medical records.Contacting a personal injury lawyer relieves the stress of handling a case by yourself.
Your lawyer will meet with you for a free case evaluation to discuss your legal options. Make sure to bring important documents, such as your insurance information and the official police report.
Pedestrian Injuries Caused by Getting Hit By a Car
Pedestrians that are struck by a motor vehicle can suffer several different types of severe injuries. With no protection against a moving vehicle, pedestrians can suffer life-threatening injuries that impact the lower and upper extremities, as well as the neck, face, and head.
Lower Extremities
Nearly 50 percent of pedestrians that are struck by a car suffer from injuries to the lower body. Torn knee ligaments, fractured legs, lacerations on the hip, and sprained ankles represent the most common types of lower-body injuries that result from the impact of a motor vehicle.
Upper Extremities
Injuries to the upper extremities often happen when a pedestrian gets tossed on the hood of a car or tossed over a vehicle.
Bracing for impact can cause a fractured wrist, broken ribs, and a bruised internal organ. The potentially most damaging type of injury is done to the spinal column. Fractured and/or dislocated vertebrae can produce life-altering medical results.
Neck, Face, and Head
As the second most common area of the body that experiences trauma after a pedestrian accident, the face, neck, and head can sustain severe injuries. Traumatic brain injuries are especially a concern because of the possible loss of cognitive ability.
When a pedestrian gets hit by a car and the impact causes injuries, the injuries might not be just physical in nature. Emotional distress is a common outcome of a pedestrian accident. Fear of walking across the street or anxiety caused by being around heavy traffic can trigger negative emotions.
Are You Eligible For a PI Claim If You Were Hit By a Car?
If you were hit by a car while walking, it’s likely you’ll have significant medical bills and be unable to work for an extended period of time. It is possible for your medical bills, lost wages, and pain and suffering to be paid for by the driver’s insurance company by filing a personal injury claim.
With any luck, the driver of the car stayed at the scene if you were hit by a car.
If you were hit by a car and the drive left the scene, you’ll need to call 911 as soon as possible even if you don’t believe you were injured to report the hit and run.
It can be hard to win a personal injury claim even if you were hit by a car, so you should always speak with a personal injury lawyer if you have any questions on your rights as a pedestrian.
After being involved in an accident it is important to take the right steps to complete a legal claim. You should be sure to call the police and take picture of the scene for evidence. If you were injured in a pedestrian car accident, then you may be able to pursue a personal injury claim.
If you were a pedestrian hit by a car, there’s a good chance you can and should hold the driver responsible—both legally and financially. If the driver is at fault, then you will be entitled to compensation which should cover any medical bill and damages.
Gather Evidence From the Accident Scene Where Hit By a Car
If you have been hit as a pedestrian, you should gather as much evidence as possible. You will need evidence and documentation to support your claim, so you can prove what happened, how it happened, and that the driver was negligent.
To have a successful personal injury claim, you must prove negligence. All four elements of negligence must be met. You can prove negligence with evidence and documentation.
Always stay on the scene of the accident and call the police. Even if you initially believe injuries are minor, call the police and have an accident report completed. The accident report can help you establish your personal injury claim and show that the accident did happen, what happened, and how it happened.
The responding officer will investigate the accident and confirm that you have injuries. Without an accident report, it can be challenging to prove that you were injured as a pedestrian.
If you are physically able to do so, get photos of the accident scene, the damage to the vehicle, and your physical injuries. You will need to collect information from the driver, including his or her insurance details, their name and contact information, the car’s license plate number, and a description of the vehicle.
Ask any witnesses to provide you with written statements. Witness statements can be very beneficial to your claim and can help you prove liability. You should also get the names of any witnesses along with their contact details.
Seek medical care right away. You must show that there is a casual connection between your injuries and the accident. To do this, you will need to establish medical care right away. If your injuries are serious, call an ambulance.
That way you can get the care you need right away. If your injuries aren’t as serious, then you should still seek treatment the same day. That will show that your injuries were directly caused by being hit by a car as a pedestrian.
You will need to maintain thorough documentation, which will include your medical records, medical bills, proof of missed work and lost wages, and any other evidence that you can gather, such as the photos, witness statements, and so forth.
Your personal injury lawyer will help you gather the necessary documentation to support your claim and to show what damages you suffered as a result of the accident.
Common Injuries Faced by Pedestrians Who Are Hit By a Car
It is not uncommon for a pedestrian who has been hit by a car to face multiple injuries, some of them often severe. The injuries most commonly associated with being hit by a car involve primary injuries, which are the injuries that are incurred at the site of impact. For example, a leg broken by where the car hit you would be considered a primary injury.
There are also secondary injuries, however, that can occur with such accidents that are not a result from the car impacting your body directly, but are a result of the accident nonetheless. Secondary injuries can be just as serious as primary injuries. For example, if the car hit you and broke your leg, the broken leg would be the primary injury. If the resulting impact threw you five feet and broke your arm upon landing, the broken arm would be a secondary injury.
Injuries common to those who have been hit by a car when walking include:
- Scalp lacerations
- Bruising
- Abrasions of the skin
- Concussions
- Broken and fractured bones
- Brain swelling
- Hematomas
- Hemorrhaging
- Sprained ligaments
- Torn ligaments
- Spinal cord injuries
Determining Fault
It is crucial to determine fault when you are hit by a car when walking, as the outcome of the situation will be very different when a pedestrian is at fault versus when the driver of the vehicle is at fault. For example, if a pedestrian is at fault he or she will be responsible for their own medical expenses and the driver of the car may even litigate against the pedestrian for any damages he or she incurred.
Occasions where the pedestrian was at fault may include jaywalking or walking outside of a sidewalk, crossing against a traffic signal (such as crossing against a Do Not Walk command), or walking in areas where pedestrians are prohibited.
On the other hand, if the driver is at fault, the pedestrian may be able to collect damages from the driver including damages for medical bills as well as damages for pain and suffering.
Notify The Driver’s Insurance Company
You will need to call the driver’s insurance company and file a claim. This will get the personal injury claims process started. You will then need to document all related expenses, including medical bills.
You should maintain documentation of transportation to and from your medical appointments, so keep receipts for taxis, rideshare, or bus fares. If you are driving yourself, keep track of your mileage as you can ask to be reimbursed for that as well.
As previously mentioned, document missed work and lost wages. You will need to make copies of any medical excuses written by your physician that indicates you are unable to work because of your injuries.
It can be helpful to keep a journal that details your progress daily and that details your limitations and restrictions as well as your pain level and any changes in your injury. The more supporting documentation that you have for your claim, the more likely you are to succeed.
If you have been hit as a pedestrian, you should enlist the help of a personal injury attorney who is licensed in your state. With the help of an accident injury lawyer, you are much more likely to recover compensation for your damages.
Your attorney will be familiar with state laws and will make sure your claim is filed in a timely manner. Every state has a statute of limitations, and if you wait too long to file your claim, you will not be able to recover damages.
Filing a Claim against a Driver After Hit By a Car
If you have been hit by a car when walking and the driver was at fault, it is important that you properly file a claim against the driver so you can collect on the damages you are entitled to.
The first thing you need to do is get the driver’s name and contact information at the time of the accident, along with his or her insurance information.
If your injuries are so severe that you are not able to obtain this information on your own, ask a friend or a police officer to obtain it for you.
Once you are able to, contact the driver’s insurance company to report the accident and file a claim.
You should also contact your insurance company to report the accident at this time. You will then want to go about proving that the accident was the result of the driver’s negligence, as were your injuries.
If you do not have proof of fault, your claim will not be successful. Witnesses can often be key in determining fault in an accident, as can police reports taken immediately after the accident occurred.
What Is The Average Settlement For A Pedestrian Hit By A Car?
The average settlement for a pedestrian hit by a car is anywhere from $10k to $75k. However, some victims recover less than $10k, while others may receive significantly more than $75k.
Various factors can influence how much money someone may receive after being hit by a car while walking. They include the following:
- Severity of injuries: The money a victim receives when they file a claim or lawsuit after being hit by a car as a pedestrian is meant to compensate them for losses sustained as a result of an accident. One such loss is a victim’s medical bills. The more severe a victim's injuries, the higher their medical care expenses will be, potentially resulting in a higher settlement amount.
- Lost wages: Injuries sustained as a result of being hit by a car while walking could prevent a victim from working and earning an income. Some victims may return to work after making full recoveries, while others may find themselves permanently unable to work. In either scenario, a victim may deserve compensation for their lost wages.
- Non-economic damages: Some victims of pedestrian accidents may receive compensation for certain non-economic damages sustained as a result of their accidents. For instance, a settlement might account for a victim’s pain and suffering.
Depending on the state in which an accident occurs, the degree to which a victim's own negligence played a role in their accident might also contribute to the settlement they receive. Victims may benefit from hiring pedestrian accident attorneys who can fight for appropriate settlements on their behalf.
Get a Free Evaluation
Oftentimes it is best to get an attorney involved in the claim to ensure that you receive all of the damages you are entitled to and that your claim has the best possible chance of success, as an attorney will know exactly what is needed to prove fault and to determine what damages should be sought out.
If you are a pedestrian who was hit by a car, you may want to seek the help of a personal injury attorney if you want to file a personal injury claim against the driver who hit you.
If you win your claim, you could receive damages. A personal injury attorney will help you get all the paperwork and evidence in order to help give you the best chance of winning your claim.
Your personal injury attorney may be able to help get witnesses and any experts to help back up your claim on why the other driver should be liable for damages.
You don’t even need to pay your attorney. Personal injury lawyers work on what is called a contingency fee basis, meaning they only get paid if you win your claim.
If you are a pedestrian who was hit by a car, get a free case evaluation today to see if you are eligible for a personal injury claim.
Additional Resources
Auto Accidents and Personal Injury Claims
Who is at Fault in a Pedestrian Accident?
I Was Walking and Someone Hit Me. How Do I Prove the Motorist Was at Fault?
Hit by a Motorcycle While Walking
