The pedestrian does not always have right-of-way unless he or she is crossing the street legally, but most pedestrian – car accidents are the fault of the driver.
If you were a pedestrian hit by a car, you can most likely pursue a personal injury claim against the driver of the vehicle and recoup compensation for the damages that you suffered in the accident.
When a pedestrian is struck by a car, life-altering injuries can result, such as traumatic brain injuries, back and neck injuries, internal injuries, lacerations, and broken bones.
When you prove that the driver was negligent, you can have a successful accident injury claim.
There are four elements to negligence – duty, breach of duty, causation – such as causing the accident, and damages – the accident caused the damages that you wouldn’t have suffered otherwise.
What Should Be Done at the Accident Scene
Always stay on the scene of the accident. If the car drives away, try to get details, such as the make, model, and color, the direction of travel, and the tag number. Most likely the driver will stay on the scene.
Here are a few tips regarding what to do at the scene of the accident.
- If injuries are serious, call an ambulance.
- Call the police, so an accident report can be completed. The officer will investigate and will determine preliminary fault. You will need a copy of the accident report.
- If possible, get photos of the accident scene and the damage to the vehicle.
- Get the names of any witnesses and their contact details.
What to do After a Pedestrian Has Been Hit by a Car
If you were a pedestrian hit by a car, you need to maintain documentation to support your personal injury claim.
Here are a few tips regarding what you should do after leaving the accident scene.
- Get checked by a medical professional. Establish care right away. This is essential to a successful personal injury claim.
- Keep copies of medical bills, medical records, prescription receipts, receipts for medical equipment and medical devices, and so forth.
- Maintain accurate documentation regarding missed work and lost wages.
- Take photos of any visible injuries.
- Document how your injuries affect your daily living and limit your participation in activities and hobbies.
- Get a copy of the accident report.
Consult with a Personal Injury Attorney
If you are a pedestrian hit by a car, you should consult with a personal injury attorney. An accident injury lawyer will work on a contingency basis, so you have no upfront costs.
Your lawyer will not be paid until you are compensated for your losses through a settlement or a judgment.
Your attorney will investigate the accident, prove negligence, and gather up documentation and evidence showing your economic and non-economic losses.
Complete the Free Case Evaluation Form on this page, so a lawyer who is licensed in your state can review the details of your accident and determine the best way to proceed with a personal injury claim.
