If you’ve been a victim of a pedestrian accident, you’re likely wondering, what happens if you get hit by a car while walking? And can I sue the driver? There are a number of factors to consider when determining the likelihood of a successful lawsuit involving pedestrian accidents, so it is best to educate yourself about the process.
This post from the Philadelphia car accident lawyers at Cousin Benny will explain the steps you need to take to increase your chances of receiving financial compensation for any damages incurred in your pedestrian accident, such as medical bills and lost wages.
Discussing your case with a skilled personal injury lawyer, like the team at Cousin Benny, is the best way to secure your rightful damage award.
Contact us at Cousin Benny today to speak with a pedestrian accident lawyer and find out how much your case is worth today.
Steps to Take After Getting Hit By a Car
If you have been struck during a motor vehicle accident, the first thing to do is care for your health and safety. It is easy to become confused in the hectic post-accident period, so it is imperative to seek medical assistance immediately, especially if you have severe injuries like a traumatic brain injury or a collapsed lung.
Next, consider your legal options. While a lawsuit may be the last thing on your mind after the accident, it is never too early to begin thinking about a potential claim, specifically medical or disability claims. Depending on the type and severity of your damages, you may face costly hospital bills and missed employment time in the future.
Here is our step-by-step guide of what to do in the unfortunate event you are a victim of a pedestrian-vehicle accident:
1. Seek medical attention immediately.
Call 911 as soon as possible after the accident. It is important that a medical professional evaluates you, as one can never be sure of the extent of one’s injuries. Never, under any circumstances, try to just “walk it off.”
2. Document injuries.
Make sure the responding paramedics and police officers create a detailed record of every cut and scrape on your body. This is vital for an injured pedestrian when the insurance company or court determines the damage award.
3. Inspect the scene and collect evidence at the site. This will include:
- Photos: Any damage at the scene, damage to the car that hit the pedestrian, and damage to the surrounding area.
- Witnesses: Ask spectators to write down what they saw or take a cell phone video of them providing their recollections. Remember to get the names and contact information of any bystanders.
- Keep your clothing: If your clothes have any blood stains, scuff marks, etc., then that can be used as important evidence to prove damages.
4. Gather the information of the driver and his/her vehicle:
- Name and contact information of the driver and car owner.
- The vehicle’s make, model, and year.
- License plate number.
- Vehicle Identification Number (VIN).
- Insurance information.
5. Contact your car insurance company.
While you were not in the act of driving, your own insurance company may still cover these types of accidents. This will allow you to make medical and disability insurance claims.
6. Never rely on the police officer(s) at the scene to note everything.
Police officers are humans just like everyone else and can potentially make mistakes, miss evidence, or fail to properly account for the details of the accident. No one cares as much as you do about your case, so be sure to take the time to do everything right – you only get one shot at the scene!
7. Seek Professional Legal Assistance.
Providing evidence to a qualified personal injury attorney is like arming them with weapons. The more weapons they have, the better they can represent you. Make sure you provide all the evidence and information you possibly can so that your attorney can go on the offensive and win you the compensation you deserve.
Determining Fault for the Accident
When is the driver at fault?
While this will depend on the circumstances of the individual event, fault will typically lie with the driver. If the accident occurred while the pedestrian was in a crosswalk, then the driver will almost definitely be held liable.
Even if the pedestrian hit was outside of a crosswalk, the driver could still be at fault. All drivers are bound by a duty of care to operate their vehicles in the safest way possible. This includes being aware of their surroundings and practicing defensive driving. A driver is negligent when they fail to live up to this standard. Some ways a pedestrian can prove the driver’s negligence is if the driver:
- Failed to obey traffic laws (for example, taking a right on red when not allowed).
- Failed to yield to a pedestrian.
- Was speeding.
- Was driving distracted (such as on their cell phone).
- Was intoxicated.
This is when proof becomes important. The victim must be able to prove the driver failed to meet their duty of care. The best ways to back up your claims are with:
- Witnesses attest to the driver’s failures.
- Police report with the officer’s opinion of fault.
- Tickets or citations issued, if any.
- Medical records. This includes your charts, notes, and bills.
- Driver’s statement. If they make any admissions of guilt before, during, and/or after the accident, that is evidence.
When is the pedestrian at fault?
A pedestrian’s own negligence is a consideration in a judgment or settlement. Jaywalking (walking outside of a crosswalk or in a prohibited area) is illegal. If this is the case, then a lawsuit will not be as clear-cut and could lead to the pedestrian missing out on a judgment or settlement.
It is rare, however, for a driver who struck a pedestrian to get off completely free. If blame is shared between the pedestrian and the driver, then a court will look at “comparative negligence” and “contributory negligence” rules. These rules inspect the available evidence and assign a percentage of fault to each actor. The higher the percentage of fault a pedestrian has, the lower their potential damage award.
Common Injuries from Pedestrian-Car Accidents
Injuries can vary. As such, the settlement or damage award will depend on the severity of the injuries. Pedestrians hit by a car are most likely to have the following injuries:
- Brain injuries.
- Spinal cord injuries.
- Broken bones.
- Sprained ligaments.
- Gashes and bruising.
When to File a Personal Injury Claim
Once all the evidence has been obtained and a lawyer consulted, then a personal injury claim should be filed. It is imperative to file a personal injury lawsuit before the statute of limitations is up for your particular jurisdiction.
Hire Philadelphia Personal Injury Lawyers Cousin Benny
The Philadelphia personal injury lawyers at Cousin Benny can help you obtain the monetary award you are due. The driver’s insurance company will fight to place as much blame on the victim as possible. Cousin Benny’s expert team will be able to protect you against such insurance companies. Regardless of whether you’re from South Philadelphia or Northeast Philadelphia, we can help.
Contact Cousin Benny today and discover how much your case is worth by speaking with our personal injury lawyers in Philadelphia.
Pedestrian Accident FAQs
What should I do immediately after being hit by a car while walking?
The first priority is your health and safety. Seek medical attention immediately by calling 911. It’s crucial to get evaluated by a medical professional, even if injuries seem minor. After that, document the scene, gather evidence, and consider contacting a personal injury lawyer for legal guidance.
Can I sue the driver if I’m hit by a car while walking?
Yes, you may be able to file a lawsuit against the driver responsible for the accident. However, the success of your lawsuit will depend on various factors, such as the circumstances of the accident, evidence gathered, and applicable laws in your state.
How do I prove fault in a pedestrian-car accident?
Proving fault typically involves gathering evidence such as witness testimonies, police reports, traffic citations, and medical records. Factors like the driver’s failure to obey traffic laws, yield to pedestrians, or driving while distracted or intoxicated can contribute to proving negligence. A skilled personal injury lawyer can assist in building a strong case to establish fault.
What if I was partially at fault for the accident as a pedestrian?
If you were partially at fault for the accident, it may affect the outcome of your case. In states with comparative negligence laws, your compensation may be reduced based on the percentage of fault attributed to you. However, even if you share some blame, you may still be eligible for compensation, depending on the laws in your jurisdiction.
What types of injuries are common in pedestrian-car accidents?
Pedestrians involved in car accidents often sustain a range of injuries, including but not limited to brain injuries, spinal cord injuries, broken bones, sprained ligaments, and gashes/bruising. The severity of personal injuries can vary depending on factors such as the speed of the vehicle, impact force, and the pedestrian’s position at the time of the accident.
Can I sue for physical and emotional shock after being hit by a car while walking?
Yes, you may be able to pursue legal action for both physical injuries and emotional distress resulting from the accident. In personal injury cases, compensation can cover medical expenses, lost wages, and pain and suffering, which encompasses emotional trauma and psychological effects.
To strengthen your case, it’s essential to document both the physical injuries and the emotional impact, seek professional medical and psychological treatment, and consult with a personal injury lawyer experienced in handling such claims so you know your legal rights.
