Pedestrian injuries and fatalities are unfortunately all too common. There are many reasons why vehicle drivers hurt pedestrians. Occasionally, it is because the pedestrian has taken a risk and was walking or running across a busy road and misjudged the speed of the vehicles passing by.
More often, it is the vehicle driver who is at fault. Many vehicle drivers fail to acknowledge just how vulnerable pedestrians are. Many accidents are caused by drivers who are driving too fast or who are distracted by something while driving, such as a phone call or text message. Other accidents are caused by drunk or tired drivers.
There is even a minority of accidents which are caused deliberately. Road rage, or some unknown motivation, may cause some drivers to intentionally frighten a pedestrian or even attack them. The latter is a criminal offense.
However the accident occurred, if you have been injured and believe the driver of a vehicle was to blame, then you have the right to file a personal injury claim against them. If you also believe that the driver’s actions were a criminal act, then you should inform the police and press charges if you have evidence to show what happened.
A Successful PI Claim Depends on Suitable Evidence
If you have been injured through no fault of your own, and believe that the injury was caused by negligence, or even by deliberate intent, you have the option of filing a personal injury claim for compensation. A successful claim depends on having suitable evidence showing who was at fault. A police report, either one compiled by the police themselves, or your own report which you file later on, can become useful evidence when filing a personal injury report.
Police will normally attend an accident in which an injury has occurred. If the accident is between a vehicle and a pedestrian, it will probably be within a town or city and police should be called to investigate and make a report. If police come to the scene of the accident it is they who file the report, not you, although unless you have already been taken to hospital, they will certainly ask you some questions.
If police do not attend the accident and you believe that the driver who hit you was at fault, then you should file a police report yourself. You can do this by going to your nearest police station and filling in a report there or doing it online. If there are possible criminal charges involved, then the police may ask you whether you prefer to press charges. If you do press charges, then the police will investigate whether there is sufficient evidence to pursue the case against the driver.
A Police Report is Needed Before a PI Claim
Because of the need for suitable evidence showing fault, it is preferable to have a copy of a police report before filing a personal injury claim. In fact, if you do decide to file a PI claim, you must ensure you have as much documentation as possible before filing it, otherwise your claim may be dismissed for lack of support.
Talk to a Personal Injury Lawyer Before Filing a Claim
If you have been injured in a pedestrian accident, you are strongly advised to discuss the accident and your legal options with a personal injury attorney. The attorney will advise you whether it is worth filing a claim against the driver and how to go about finding suitable evidence for such a claim, including a valid police report. For a free consultation with a personal injury lawyer, complete the Free Case Evaluation above.
