What to Do If You’re Injured in a Pedestrian Accident
Every year, thousands of pedestrians are injured in accidents involving vehicles. The aftermath of such accidents can be devastating, leading to severe physical injuries, emotional trauma, and unexpected financial burdens. Whether you’re in a crosswalk or simply walking along the sidewalk, knowing what to do is essential if you find yourself injured due to a pedestrian accident.
This guide will answer some of the most pressing questions pedestrian accident victims face, helping you take the proper steps to protect yourself.
1. What Should You Do Immediately After Being Injured in a Pedestrian Accident?
The moments following an accident are often filled with confusion and stress, but knowing how to respond can significantly affect your recovery and legal case. Here’s a step-by-step approach to follow immediately after a pedestrian accident:
Ensure Your Safety and Assess Injuries
If possible, move out of the roadway to a safer location to avoid further harm. However, if you suspect that you’re severely injured, it’s best to wait for medical professionals to assess your condition. Even minor movements can exacerbate injuries.
Contact Emergency Services
Calling 911 ensures the police and medical professionals arrive at the scene. A police report will create an official accident record, which is invaluable when pursuing a claim later. Even if the accident appears minor, having a police report on record provides documentation of the event and can help substantiate your compensation claim.
Seek Immediate Medical Attention
Some injuries, especially internal injuries or concussions, may not show symptoms right away. It’s essential to be checked by a medical professional to ensure your well-being and to document any injuries. A medical report linking your injuries to the accident will also be crucial in establishing your case if you seek compensation.
Collect Evidence from the Accident Scene
If you’re able, take photos or videos of the accident scene, including your injuries, the vehicle involved, street signs, skid marks, and any other details that could be relevant. Also, contact information must be gathered from any witnesses who saw the accident. Witness testimonies can strengthen your case by providing independent accounts of the incident.
Exchange Information with the Driver
Get the driver’s name, contact information, insurance details, and license plate number. This information is essential for filing an insurance claim and, if necessary, pursuing legal action.
Avoid Making Statements
It’s natural to want to talk about the accident but avoid making statements to the driver, their insurance company, or anyone else on the scene. Statements like “I didn’t see you” or “I’m okay” could be misconstrued later. Limit conversations to exchanging necessary information, and save any discussions about fault for your attorney.
Notify Your Insurance Company
Even though you were the pedestrian, notifying your insurance company is essential as it keeps them informed. Refrain from giving a recorded statement until after consulting with a lawyer, as insurance companies may use your words to reduce your compensation.
2. What Legal Rights Do Pedestrian Accident Victims Have?
The Right to Seek Compensation
In most pedestrian accident cases, victims can seek financial compensation for their injuries. This compensation may cover medical bills, lost wages, pain and suffering, and other damages related to the accident. Depending on the state, you may be able to claim compensation even if you were partially at fault for the accident.
The Right to File a Personal Injury Claim
You can file a personal injury claim if another party’s negligence caused the accident. This often means filing a claim against the driver’s insurance. Still, you may also be eligible to file claims against other entities (e.g., a city government if poor infrastructure contributed to the accident).
Access to Legal Representation
Navigating a personal injury claim can be complex, especially when insurance companies try to minimize their payouts. Hiring an experienced attorney ensures that you have professional support throughout the process, increasing your chances of a successful claim.
Right to Pursue a Lawsuit If Necessary
While many pedestrian accident cases are resolved through insurance claims, some require a lawsuit for fair compensation. If a fair settlement cannot be reached, you can take your case to court and pursue justice through litigation.
3. What Compensation Can You Claim If You’re Injured in a Pedestrian Accident?
The financial impact of a pedestrian accident can be overwhelming, especially when medical expenses and time away from work are involved. Knowing the types of compensation available can help alleviate these burdens.
Medical Expenses
Medical bills can quickly add up after a pedestrian accident, covering emergency treatment, hospital stays, surgeries, medications, rehabilitation, and follow-up care. Victims may claim compensation for all past and future medical costs related to the accident.
Lost Wages and Loss of Earning Capacity
If your injuries prevent you from working, you may be eligible to recover lost wages. Additionally, if your injuries result in long-term disability or limit your ability to earn in the future, you may receive compensation for lost earning capacity.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain and emotional distress caused by the accident. Factors like the severity of the injury, recovery time, and long-term effects on your quality of life are considered when calculating this amount.
Property Damage
In addition to personal injuries, property damage may also be a factor in pedestrian accidents. For example, if you were carrying a laptop, phone, or other valuable items, you might be eligible for compensation for these losses.
Punitive Damages
In cases where the driver acted recklessly (e.g., driving under the influence or speeding), you may be awarded punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
4. How Long Do You Have to File a Claim After Being Injured in a Pedestrian Accident?
Statute of Limitations
The statute of limitations varies by state. For instance, in many states, the deadline to file a personal injury claim is two years from the accident date. However, exceptions may apply. In cases involving government entities, the time limit might be much shorter—sometimes as little as six months.
Exceptions to the Statute of Limitations
There are specific circumstances where the statute of limitations may be extended. For example:
- If the injured person is a minor, the clock may not start until they reach a certain age.
- If the victim was incapacitated or unable to file a claim, they may be granted an extension.
Filing a claim within the statute of limitations is essential to protect your rights. Consulting with Roxell Richards Law Firm soon after your accident helps you navigate the deadlines and ensure that your case is filed promptly.
5. Why Should You Contact Roxell Richards Law Firm if Injured in a Pedestrian Accident?
Navigating the aftermath of a pedestrian accident can be challenging, especially when facing aggressive insurance adjusters and complicated legal processes.
Experienced Legal Support
Our team has years of experience handling pedestrian accident cases, and we know the common tactics insurance companies use to reduce settlements. We’ll work to counter these strategies and protect your interests.
Strong Negotiation Skills
Insurance companies often attempt to minimize payouts, offering victims low settlements. Our lawyers are skilled negotiators who understand the value of your case and will not settle for less than you deserve.
Contingency-Based Fees
At Roxell Richards Law Firm, we operate on a contingency fee basis. You won’t pay any legal fees unless we win your case. This policy ensures that legal representation is accessible to all accident victims, regardless of their financial situation.
Personalized and Compassionate Approach
We understand the emotional and physical challenges that follow a pedestrian accident. Our team takes a compassionate approach, working closely with clients to ensure their needs are met throughout the case. Each client deserves personalized attention and a dedicated strategy for their unique circumstances.
Comprehensive Support Through the Legal Process
Call to Action
If you or someone you love has been injured in a pedestrian accident, don’t wait to get the help you need. Roxell Richards Law Firm is here to support you through every step of the recovery and legal process. Our experienced attorneys are dedicated to securing the maximum compensation for your injuries, lost wages, and emotional suffering.
Roxell Richards Injury Law Firm
6420 Richmond Ave. Ste. #135
Houston, TX z7057
Phone: (713) 974-0388
Fax: (713) 974-0003