Being struck by a car is a terrifying experience. One minute, you’re walking down the street; the next, you’re dealing with injuries, medical bills, and lost wages. If this describes your situation, you’re likely wondering what legal options you have.
Here’s a breakdown of the pedestrian accident claim process to help you get the compensation you deserve.
Table of Contents
Knowing The Basis of Your Claim
Pedestrian accident claims rely on the concept of negligence. This means the driver involved in an accident with a vehicle breached their duty of care, which translates to driving safely and attentively. Examples of negligent driving include speeding, distracted driving, failing to yield the right of way, or driving under the influence.
The burden of proof lies with you, the injured pedestrian. You’ll need to demonstrate the driver’s negligence directly caused your accident and resulting injuries. This is why evidence-gathering is crucial from the very beginning.
Gathering Evidence
The more evidence you have, the stronger your personal injury claim will be. Here are some key things to collect after a pedestrian accident:
Police Report
Seek immediate medical attention, then report the accident to the police as soon as possible. The police report will document the scene of the accident, including the weather conditions, road layout, and traffic signals. The report will also include witness statements and details of the driver and their vehicle. This official document can be a critical piece of evidence in your case.
Medical Records
Hold onto all medical bills and records related to your injuries. This documentation establishes the extent of your injuries and the link between them and the accident. Keep copies of any prescriptions, physical therapy records, or specialist reports you receive.
Witness Statements
If anyone witnessed the accident, get their contact information and written statements as soon as possible. Witness testimony can be invaluable in proving the driver’s negligence. If you’re unable to obtain written statements in the immediate aftermath of the accident, your attorney can help track down witnesses and get their statements later on.
Photographs
Take pictures of the accident scene from multiple angles if you’re able to do so safely. Capture any damage to the vehicle involved in the accident, skid marks on the road, and any traffic signals or signage that may have been a factor in the accident. Also, take photos of your injuries, including bruising, cuts, or other visible damage. These visuals can serve as powerful evidence to support your claim.
Gathering a strong evidence base is essential to building a successful pedestrian accident claim. The police report, medical records, witness statements, and photographs will all help to establish the facts of the case and prove the driver’s negligence.
Consulting an Attorney
While you can technically file a pedestrian accident claim yourself, it’s strongly advised to consult with a personal injury attorney specializing in pedestrian accidents. Here’s why:
Experience and Knowledge
Personal injury attorneys understand the complexities of pedestrian accident law and have the experience to navigate the legal system effectively.
Evidence Collection and Investigation
An attorney can assist with gathering additional evidence, such as traffic camera footage or accident reconstruction reports, which can strengthen your case.
Negotiation and Settlement
Insurance companies often try to downplay the value of your claim. An attorney can negotiate on your behalf to ensure you receive fair compensation.
Trial Representation
In the unlikely event your case goes to trial, your attorney will represent you in court and fight for your rights.
Having a lawyer on your side levels the playing field and ensures your rights are protected.
Don’t Miss Your Deadline
Each state has a statute of limitations, which is a legal deadline for filing a lawsuit. This deadline can vary depending on the state and the specific type of claim. Typically, the time limit for filing pedestrian accident claims ranges from one to two years starting from the date of the incident.
Missing this deadline could bar you from seeking compensation altogether.
Stay Off Social Media
Avoid discussing your road traffic accident or claim on social media. Insurance companies may monitor your accounts to find information that could undermine your case. Even seemingly harmless posts can be used against you, so it’s best to stay offline or limit your activity until your claim is resolved.
Focus On Recovery
While dealing with a pedestrian accident claim can be overwhelming, focusing on your recovery is essential. Follow your doctor’s advice, attend all medical appointments, and prioritize your well-being. A successful claim hinges on both your physical and legal recovery.
Conclusion
Being involved in a pedestrian accident can be overwhelming. But remember, you have rights, and you don’t have to go through this alone. By understanding the legal process and seeking experienced legal counsel, you can take steps towards recovery, both physically and financially.
