A pedestrian accident can have devastating consequences, leading to serious injuries, extensive medical expenses, and emotional trauma. If a pedestrian accident occurs due to a motor vehicle driver’s negligence, the injured pedestrian has the right to pursue compensation for their losses. Understanding your legal rights and the steps required to file an injury claim can make a significant difference in securing fair compensation for your suffering.
Laws protecting pedestrians vary by state, but in most cases, motor vehicle drivers must yield to pedestrians in designated crosswalks and follow traffic signs. If a driver violates these rules, they can be held accountable. Consulting a pedestrian accident lawyer can help you determine fault and build a strong legal claim against the driver involved.
Immediate Steps to Take After a Pedestrian Accident
The immediate aftermath of a pedestrian car accident can be overwhelming, but taking the right steps is crucial to protecting both your health and legal case. With many misconceptions surrounding pedestrian accidents, being informed is essential.
Ensure Immediate Safety – Move to a safe location if possible and check for visible injuries.
Call Emergency Services – Report the accident scene to the police department and request medical assistance.
Seek Medical Attention – Even if injuries are not immediately apparent, a doctor immediately can identify hidden injuries.
Obtain Contact Information – Gather the contact details of the driver involved, witnesses, and parties involved.
Document the Scene – Take photographic evidence of the accident scene, vehicle damage, and your personal property.
File a Police Report – Reporting accidents to law enforcement provides a legal record that can be crucial in your claims process.
Consult a Personal Injury Lawyer – A pedestrian accident attorney will guide you in pursuing legal action.
Why Seeking Medical Attention is Crucial
Many serious injuries from pedestrian accidents may not show symptoms immediately. Seeking immediate medical attention can prevent further injury and establish documented proof for your insurance claim.
Common injuries in pedestrian accident cases include:
Head injuries (concussions, traumatic brain injuries)
Broken bones (fractures, dislocations)
Spinal cord injuries (paralysis, nerve damage)
Soft tissue injuries (bruises, ligament tears)
Always keep medical records and detailed records of all treatments and medical expenses related to your recovery.
Establishing Liability in a Pedestrian Accident Case
Determining fault in a pedestrian accident is crucial when filing an injury claim. Key factors in establishing liability claims include:
Driver Negligence – If the motor vehicle driver was speeding, running a red light, or engaged in distracted driving, they can be held responsible.
Traffic Signs and Laws – Violating local laws, such as local leash laws for pets or failing to yield at a crosswalk, impacts liability.
Pedestrian Fault – If the injured pedestrian was jaywalking or ignoring traffic signs, their compensation may be reduced.
Witness Statements – Witnesses can provide valuable statements to clarify what happened.
Police Report – Law enforcement’s findings in the accident scene investigation can support your legal claim.
Filing an Insurance Claim After a Pedestrian Accident
Dealing with insurance companies can be challenging. The driver involved should provide their insurance details, and you should contact their insurance carrier promptly. If the driver was uninsured or underinsured, your own policy might cover damages.
Key steps in filing an insurance claim:
Report the Accident – Notify the at-fault driver’s insurance carrier immediately.
Submit Medical Records – Provide documentation of medical costs, treatments, and medical evaluation.
Include Witness Statements – Statements from people at the accident scene can strengthen your claim.
Assess Property Damage – Claims may include vehicle damage or damage to personal property.
Negotiate a Fair Settlement – Insurance companies often offer low settlements initially. A pedestrian accident attorney can help you secure fair compensation.
If the insurance provider refuses to pay adequately, you may need to file a personal injury lawsuit.
When to Pursue a Personal Injury Lawsuit
If insurance companies fail to offer a fair settlement, filing a personal injury lawsuit may be necessary. A pedestrian accident lawyer can help prove that the motor vehicle driver was at fault and ensure you receive the compensation you deserve.
Compensation in a personal injury case may cover:
Medical expenses (emergency care, rehabilitation, medical bills)
Lost wages (income lost due to injuries)
Emotional distress (mental health treatment, pain, suffering)
Property damage (repairs or replacement of personal property)
Your pedestrian accident attorney will guide you through the legal process, ensuring your claim is backed by detailed records and witness statements.
How a Pedestrian Accident Attorney Can Help
Hiring an experienced pedestrian accident attorney significantly increases your chances of obtaining fair compensation. Your lawyer will:
Gather photographic evidence and obtain police reports
Review medical records and determine medical costs
Negotiate with insurance companies
Represent you in court if a legal claim is necessary
Many law firms, including Bourassa Law Group, offer a free consultation to discuss your case and provide legal guidance.
Frequently Asked Questions (FAQ) About Taking Legal Action After a Pedestrian Accident
What should I do immediately after a pedestrian accident happens?
When an accident happens, prioritize your safety and well-being. Move to a secure location if possible and check for visible injuries. Call 911 to report the accident and request emergency assistance. Even if you don’t feel hurt right away, seek immediate medical attention to identify any hidden injuries. Gather detailed records, including the driver’s contact and insurance information, witness statements, and photographs of the accident scene. These steps will protect your legal rights and strengthen your claim.
Why is seeking immediate medical attention important after a pedestrian accident?
Many injuries, such as concussions or internal damage, may not show symptoms immediately. Seeking immediate medical attention ensures a doctor can diagnose and treat any further injury before it worsens. Additionally, medical records serve as crucial evidence when you pursue compensation in an injury claim. Insurance companies may argue that a delay in treatment means your injuries weren’t serious, which could reduce your settlement.
How do I report the accident, and why is it necessary?
Reporting accidents to law enforcement creates an official record of the event, which can be critical in proving liability. The police report includes important details like the driver’s information, witness statements, and an initial assessment of fault. When filing an insurance claim or personal injury lawsuit, this report can make a significant difference in determining responsibility and securing fair compensation.
What legal rights do I have as an injured pedestrian?
Pedestrians have the right to use sidewalks, crosswalks, and roads safely. If a driver’s negligence caused the accident, you have the legal right to pursue compensation for medical expenses, lost wages, emotional distress, and property damage. Consulting a pedestrian accident lawyer helps you understand your legal options and fight for the compensation you deserve.
What is the claims process for a pedestrian accident?
The claims process typically begins with notifying the at-fault driver’s insurance company and providing evidence, such as medical records, witness statements, and accident scene photos. The insurer will review the claim and offer a settlement. However, initial offers are often low. A personal injury lawyer can negotiate for a fair settlement or file a lawsuit if necessary. Keeping detailed records of all medical treatments and expenses will strengthen your case.
Can I still pursue compensation if I was partially at fault for the accident?
Yes, but your compensation may be reduced based on your level of fault. Many states follow comparative negligence laws, meaning if you were 20% responsible (e.g., jaywalking), your compensation would be reduced by 20%. A pedestrian accident attorney can analyze the case and determine how much you can recover based on state laws.
How does hiring a lawyer make a significant difference in my case?
A skilled attorney understands pedestrian accident laws, negotiates with insurance companies, and fights for your rights. They gather evidence, interview witnesses, and ensure you receive the maximum compensation possible. Without legal representation, you risk accepting a low settlement or missing out on damages you are entitled to. Hiring a lawyer makes a significant difference in building a strong case and achieving the best possible outcome.
What if the driver who hit me is uninsured?
If the at-fault driver lacks insurance, you may still have options. Your own uninsured/underinsured motorist coverage (if available) can help cover medical bills and lost wages. A pedestrian accident attorney can explore additional legal options to help you recover damages.
How long do I have to file a claim after a pedestrian accident?
Each state has a statute of limitations that dictates how long you have to file a claim. In many states, you must file a personal injury lawsuit within two to three years from the accident date. Waiting too long could forfeit your right to seek compensation. Contact a lawyer as soon as possible to ensure you meet all deadlines.
What if the insurance company denies my claim?
If an insurance company denies your claim or offers an unfair settlement, you still have legal options. Your lawyer can negotiate for a better offer or take the case to court. Many personal injury claims are settled outside of court, but if necessary, filing a lawsuit can force insurers to pay what you deserve.
What should I do if I lost a loved one in a pedestrian accident?
Losing a loved one in a pedestrian accident is an unfortunate event, and you may be eligible to file a wrongful death claim. This legal action seeks compensation for funeral expenses, lost financial support, and emotional suffering. A wrongful death attorney can help you navigate this complex legal process and fight for justice on behalf of your loved one.
Conclusion: Protect Your Rights with Bourassa Law Group
If you or a loved one has suffered injuries in a pedestrian accident, you should not handle the legal battle alone. The involved parties and insurance companies may attempt to minimize your compensation.
At Bourassa Law Group, our team of car accident lawyers and personal injury attorneys will fight for your right to seek compensation and hold the responsible party accountable.
Schedule a free consultation with our pedestrian accident lawyers today to discuss your case and pursue the justice you deserve.
1-800-870-8910