If you are a pedestrian, you should abide by traffic laws. Only cross at designated locations and always watch for traffic. If it is before dawn or after dusk, you will need to be able to see the vehicle as it is coming down the roadway. For those reasons, vehicles have headlights. If you have been hit by a car not using its headlights as a pedestrian, you can pursue a personal injury claim against the driver of the vehicle.
Injuries From Being Hit By A Car Not Using Its Headlights As A Pedestrian
You could suffer serious injuries as a pedestrian who was hit by a car without its headlights on. Such accidents could lead to broken bones, internal injuries, spinal injuries, and even traumatic brain injuries. All these injuries can affect you for years to come and will require ongoing medical care. The costs will add up quickly. Here are some common damages claimed after being hit by a car not using its headlights as a pedestrian:
- Past and future lost wages
- Past and future medical expenses
- Pain and suffering
- Mental anguish
- Permanent scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
You should always call the police after such an accident. They will come to the scene and complete the accident report. They will investigate the accident and determine what happened. If possible, get photos of the accident scene. Be sure to establish medical care right away so you can prove that your injuries were caused by being hit by a car not using its headlights as a pedestrian.
If there are witnesses, ask for written statements. Statements from corroborating witnesses will be very beneficial with your accident injury claim. Maintain supporting documentation, such as medical bills, medical records, proof of missed work and lost wages, receipts for prescriptions and medical devices, and proof of any other losses that you might have incurred. Documentation is essential to the success of your claim.
Proving Negligence
To have a successful personal injury claim, you must show all four elements of negligence have been met. You need to show that the driver owed you a duty – which is a responsibility. In this case, they do owe you a duty to drive safely and protect you from harm. Next, you must show that duty was breached. In this case, the driver breached duty by driving after dark without the car’s headlights on. Next, you will need to prove that breach of duty caused the accident – the car wasn’t visible, so you were hit by the vehicle. Then lastly, show that the accident – your being hit by the car – led to your injuries and damages.
Consult With A Personal Injury Attorney
If you have been hit by a car not using its headlights as a pedestrian, you should consult with a personal injury attorney. With the help of a lawyer, your odds of a successful personal injury claim increase greatly. Get your free case evaluation today, you will have no out-of-pocket expenses as your lawyer isn’t paid until you win your claim.
