Each year, thousands of pedestrians are involved in accidents on our roads. As a pedestrian, you have the right to seek compensation for any injuries or damages caused by a negligent driver. However, navigating the legal process behind pedestrian accident claims can be overwhelming and confusing.
That’s why we have created this comprehensive guide to help you understand what to expect as you pursue legal action. Read on.
Immediate Steps After the Accident
The first few moments after an accident are critical to your safety, well-being, and potential legal case. Here are the steps to take immediately after a pedestrian accident:
Ensure Safety and Seek Medical Attention
The first priority is to seek medical help, even if injuries seem minor. Injuries from pedestrian accidents can sometimes worsen over time, so getting checked by a medical professional is essential for your health and any legal claim.
Call the Police
Report the accident to the authorities. A police report will help establish a record of the incident and can serve as valuable evidence in your claim. The police will document the scene, take witness statements, and note important details about the crash.
Gather Evidence
If you are able, collect evidence from the scene. This includes taking photos of the accident, the location, the vehicle involved, any visible injuries, and any property damage. Obtain contact information from witnesses, if possible.
Filing a Pedestrian Accident Claim
After the accident, you’ll likely need to file a claim in order to pursue compensation for medical bills, lost wages, pain and suffering, and other damages. Here’s what to expect in the claim process:
Contact Your Insurance Company
If the driver involved in the accident has car insurance, you will file a claim with their insurance company. In some cases, if the driver is uninsured or underinsured, your own insurance may cover some of the damages through your uninsured motorist coverage.
Investigation by Insurance Companies
The insurance companies involved will conduct their investigations, which may include reviewing police reports, analyzing witness statements, and assessing medical records. They may also send their adjusters to evaluate the damages and determine who was at fault.
Settling vs. Lawsuit
Many pedestrian accident claims are resolved through settlement negotiations between the parties involved. However, if a fair settlement cannot be reached, you may need to file a lawsuit to pursue compensation.
The Role of Fault in Pedestrian Accident Claims
In any personal injury case, determining fault is critical. Pedestrian accidents often involve complex legal questions of liability. Here’s how fault may play out in a claim:
Comparative Negligence
In many states, the legal concept of “comparative negligence” applies. This means that if both the pedestrian and the driver share fault, compensation may be reduced based on each party’s level of responsibility. For example, if the pedestrian was jaywalking but the driver was speeding, both may share some degree of fault.
Driver Liability
Drivers are typically at fault in pedestrian accidents when they fail to yield the right of way, run a red light, or drive recklessly. If the driver was intoxicated, distracted, or speeding, their liability for the accident may be clear.
Pedestrian Liability
In certain cases, the pedestrian may be partially at fault. If they were crossing outside of a crosswalk, distracted by a phone, or ignored traffic signals, they could share liability.
The Legal Process of Filing a Pedestrian Accident Lawsuit
If the insurance claims process doesn’t result in a fair settlement, you may need to file a lawsuit to recover your damages. Here’s what the process typically looks like:
Consulting an Attorney
The first step in filing a lawsuit is to consult with a personal injury attorney who specializes in pedestrian accidents. An experienced lawyer can evaluate your case, guide you through the legal process, and help determine whether you have a valid claim.
Filing a Complaint
If you decide to proceed with a lawsuit, your attorney will file a legal complaint in the appropriate court. This document outlines the allegations against the defendant (the driver) and the relief you are seeking, such as monetary compensation for damages.
Discovery
After filing the lawsuit, both sides will enter the discovery phase. This is where both the plaintiff (you) and the defendant exchange evidence, including medical records, accident reports, and witness statements. Depositions may also occur, where witnesses and parties involved provide sworn testimony.
Negotiation and Settlement
Even during the lawsuit, settlement negotiations may continue. Many cases are resolved at this stage through mediation or out-of-court settlements. Your attorney will work to secure the best possible deal for you.
Trial
If a settlement cannot be reached, the case will go to trial. This is the most time-consuming and complex stage of the process. Your attorney will present evidence, call witnesses, and argue your case before a judge or jury. The defendant’s legal team will do the same. After hearing both sides, the court will issue a verdict.
Potential Compensation in Pedestrian Accident Claims
The amount of compensation you may receive in a pedestrian accident claim depends on the extent of your injuries and the specific details of your case. Typical types of compensation in pedestrian accident claims include:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Punitive Damages
How Long Will the Process Take?
The length of the legal process can vary significantly depending on the complexity of the case and whether a settlement or trial is involved. A straightforward settlement may take a few months, while a case that goes to trial could take a year or more to resolve.
Hiring an Experienced Attorney
Navigating the legal process behind a pedestrian accident claim can be challenging, especially when you’re dealing with injuries and recovery. An experienced personal injury attorney can help protect your rights, advocate for your best interests, and ensure that you receive the compensation you deserve. Check out injury lawyer in Broward to learn more about personal injury lawsuit and seeking compensation.
Win Your Pedestrian Accident Claims
The legal process behind pedestrian accident claims can be complex, but understanding the steps involved can help you navigate the journey with confidence. It’s also crucial to consult with an experienced attorney who can guide you through each phase of the process.
If you want to read more articles, visit our blog.
