Yes, when you or a loved one gets hit by a car while walking, you can pursue financial compensation for your injuries against the driver’s insurance. However, filing insurance claims can be complex, especially when you don’t understand what to do.
When it doesn’t result in immediate or prolonged death of the victim, it often results in serious injuries. The injuries may affect the victim for a long time or even lead to permanent disabilities that may require the victim to live on expensive medical treatment, lose the ability to work, or even experience emotional trauma or post-traumatic stress disorder (PTSD). These justify the need for financial compensation for the victim of a pedestrian accident.
Common Injuries Suffered by Pedestrian Accident Victims
The typical injury involves broken bones in the parts of the body, like the arms, ribs, shoulders, wrists, legs, knees, elbows, or ankles. Someone hit by a vehicle may experience head injuries (concussions, skull fractures, etc.), neck injuries, spinal cord injuries, or lacerations, which may result in severe blood loss or disfigurement.
What to Do Immediately After a Pedestrian Accident
If you get hit by a vehicle but are still physically fit to move, the first thing to do is to find a safe spot to sit and then call 911 for emergency medical assistance. By receiving medical attention, you can identify the apparent and internal injuries and get the proper treatment. You must also take pictures of the accident scene and get the details of the driver (name, contact information, insurance information, and license plate number) and any witnesses at the scene.
However, gathering evidence and contact information may be difficult if the accident results in severe injuries. Getting up and moving around is not advisable. More so, identifying the parties at fault may not be easy, especially in the case where the driver speeds off after hitting the victim. In such a situation, you’ll have to seek legal help from a lawyer, who would visit the scene to gather evidence from all sources.
Proving Negligence in Pedestrian Accident Cases
You must prove that the motorist was negligent in claiming and receiving financial compensation. Negligence includes over-speeding, driving under the influence of drugs or alcohol, not yielding the right-of-way to pedestrians, texting or calling while going, flaunting general traffic rules, or not looking out for pedestrians when entering or exiting driveways.
Options for Pursuing Compensation for a Pedestrian Accident
The victims of pedestrian accidents victims will receive coverage under the insurance policy of the driver who hit them. These damages can be both economic (e.g., medical bills and lost income) and non-economic (e.g., pain and suffering).
On the other hand, uninsured motorist coverage under your auto insurance policy will shield you if you are a victim of a hit-and-run accident or the driver who hit you does not have insurance. In this case, most insurance companies might attempt to downplay your injuries or deny your claim. However, if you involve a lawyer, you might receive the total compensation you are entitled to.
Getting Legal Help From a Pedestrian Accident Lawyer
In many pedestrian accident cases, things happen very fast, and you might not be sure if you have the legal right to make a claim. “If you work with a pedestrian accident lawyer and prove that the driver who hit you was negligent, you may be able to make insurance claims and file a personal injury lawsuit.” says attorney Larry Eisenberg of Law Offices of Eisenberg & Associates.
