My Legal Rights If I’m Hit by a Car While Walking

Thousands of pedestrians lose their lives each year in accidents involving a vehicle. According to the National Highway Traffic Safety Administration, tens of thousands more are injured. What should a person do if involved in this type of accident? What steps should they take? 

The driver is likely legally responsible for this accident. A claim may be filed against their insurance company, and the victim might choose to file a pedestrian-car accident lawsuit. However, a pedestrian may be partially to blame for the accident, which could reduce any settlement they receive. If you’re hit by a car while walking, it’s best to talk with an attorney to determine the best course of action. 

Steps To Take Immediately Following the Accident

Following the accident, immediately assess the situation. Call for help and remain in place. First responders must examine everyone involved in the accident to see if anyone needs to go to the hospital. 

If injuries aren’t severe, gather information at the scene. Request contact and insurance information from the vehicle’s driver and collect the witnesses’ names and phone numbers. Don’t talk about the accident because anything said at this time may be used later. 

Take pictures of the scene. Include any crosswalks and traffic signals in the picture. Photograph the car responsible for the accident, any injuries, and other elements that may have played a role in the collision. 

After being checked by first responders, contact the insurance companies. A victim should contact the other party’s insurer and their insurance provider. If the driver is uninsured or underinsured, the victim’s insurance may cover the expenses. Follow up and request the police report when it becomes available. 

Covering Medical Expenses

Victims worry about how they will pay any bills associated with the accident. Injuries can be severe when a person and a moving vehicle collide. The person liable for this accident is accountable for any medical bills and other losses related to the accident. However, the victim may need to pay them and then seek reimbursement. 

Legal Options

The pedestrian accident victim can seek compensation for injuries and other losses. This claim may be settled out of court or go to trial. However, the victim must know who to request compensation from. An attorney can help them determine this. Government agencies may be responsible if they fail to maintain roads or traffic signs and signals. Car manufacturers might be named if a defect in the vehicle contributed to the accident, and other parties may be deemed liable. 

Pedestrian Fault

A pedestrian might also be to blame in an accident involving a vehicle. A pedestrian has a duty of care when it comes to following traffic laws. If they don’t follow these laws, the legal system might find they are partially or fully at fault for the accident. When might a pedestrian be held accountable for an accident? 

Pedestrians who jaywalk are partially or fully to blame for many accidents of this type. The same holds for pedestrians who ignore a “Do Not Walk” sign and enter a crosswalk. Furthermore, any pedestrian walking in a prohibited area will be at fault for a pedestrian accident they are involved in. 

In these cases, pedestrians must pay their medical bills and won’t be compensated for time lost from work and other expenses. They may also be required to pay for damages to the driver’s vehicle and other costs the driver incurred. 

Talk with an attorney before proceeding with action on a pedestrian accident claim. The attorney will advise victims on how to proceed. This experience is priceless now, so reach out for help immediately. 

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