Legal Options For a Pedestrian Hit By a Car

Getting hit by a car while walking can be devastating. You might be hurt and unsure of what to do next. Below are some important steps you should take, your potential legal options, and how a pedestrian accident lawyer can get fair payment for your injuries.

If you’ve been hit by a car while walking, it’s crucial to reach out to a pedestrian accident lawyer as soon as possible.

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Get Medical Help Right Away

Pedestrians crossing a street at a crosswalk in broad daylight, showing diverse footwear.

The first thing to do after being hit by a car is to get medical care. Even if you feel okay, some injuries don’t immediately appear. A doctor can check for hidden problems and start treating your injuries. Getting medical help quickly also creates a record of your injuries. This can be important later if you must prove how badly you suffered an injury.

Don’t Talk to the Driver’s Insurance Company Yet

The driver’s insurance company might try to contact you soon after the accident. They may ask you to give a statement or sign papers. It’s best not to talk to them or sign anything without talking to a lawyer first. Insurance companies often try to pay as little as possible for accidents. They might use what you say against you to pay you less money.

Call a Pedestrian Accident Lawyer

After getting medical help, calling a pedestrian accident lawyer is a good idea. These lawyers know a lot about cases where cars hit people while walking. A pedestrian accident attorney can explain your rights and what to do next.

A lawyer can:

  • Explain the laws about pedestrian accidents
  • Tell you what kind of payment you can get
  • Talk to the insurance company for you
  • Gather evidence to prove the driver was at fault
  • Get fair payment for your injuries and other costs

Many pedestrian accident lawyers offer free first meetings. This means you can talk to them about your case without paying anything. They can tell you if they think you have a good case and how they can help.

How a Lawyer Can Help You Get Fair Payment

When a car hits you, you might face many costs, including:

A good lawyer knows how to calculate the amount of money you should receive for all these things. They can help ensure you don’t settle for less than you deserve.

Lawyers also know how to deal with insurance companies. They can handle all the talks with the insurance company, so you don’t have to. This can be a big help when trying to heal from your injuries.

Gathering Evidence for Your Case

You must prove the driver was at fault for hitting you to get fair payment. A lawyer can help gather evidence to show this. They might:

  • Get a copy of the police report
  • Talk to witnesses
  • Look at traffic camera footage
  • Get professional testimonies about how the accident happened

Your lawyer can use all this information to build a strong case for you, which can result in more money for your injuries and other costs.

Understanding Your Rights as a Pedestrian

Pedestrians have rights on the road. In most places, drivers must be careful and watch out for people walking. If drivers aren’t paying attention or breaking traffic laws, they can be held responsible for hitting pedestrians.

Close-up of a green pedestrian traffic light signal, indicating it's safe to walk.

Some common ways drivers can be at fault include:

  • Not stopping at crosswalks
  • Running red lights or stop signs
  • Driving too fast
  • Driving while distracted (like using a phone)
  • Driving under the influence of drugs or alcohol

A pedestrian accident lawyer can explain how these rules apply to your case. They can help show how the driver broke the rules and should pay for your injuries.

Time Limits for Filing a Case

It’s important to know that there are time limits for filing a case after a pedestrian accident. These limits, called statutes of limitations, are different in each state. If you wait too long to file a case, you might lose your chance to get any money.

A lawyer can make sure you file your case on time. They know the deadlines and can meet them. This is another reason why it’s a good idea to talk to a lawyer soon after your accident.

Dealing with Serious Injuries

Some pedestrian accidents cause very serious injuries. These might include:

If you have serious injuries, you might need long-term medical care and cannot work for a long time or ever again. In these cases, it’s extra important to have a good lawyer. They can ensure you receive enough money to cover all your future needs.

Negotiating a Settlement

Most pedestrian accident cases end with a settlement. This means the insurance company agrees to pay you a certain amount. In return, you agree not to take the case to court.

Negotiating a good settlement takes skill and experience. Insurance companies often start with low offers. A lawyer knows how to negotiate to get you more money. They can also tell you if a settlement offer is fair or if you should keep pushing for more.

Going to Court If Needed

Sometimes, insurance companies won’t offer a fair settlement. In these cases, your lawyer might advise going to court. This means filing a lawsuit and having a judge or jury decide your case.

Going to court can take longer and be more stressful than settling. But sometimes, it’s the best way to get fair payment. A good pedestrian accident lawyer will be ready to take your case to court if needed.

The Value of Having a Lawyer

Some people think about handling their pedestrian accident cases on their own. But there are many benefits to having a lawyer:

Experience with Insurance Companies

Dealing with insurance companies can be one of the trickiest parts of a pedestrian accident case. Insurance companies are businesses whose main goal is to pay out as little money as possible. They use many tactics to reduce the amount they pay for claims.

Lawyers who handle pedestrian accident cases always deal with insurance companies, and this experience is invaluable. They know insurance companies’ common tricks and tactics and how to counter them effectively.

For example, an insurance company might get you to give a recorded statement soon after your accident. They might then use this statement against you later to deny or reduce your claim. A lawyer knows not to let you give such a statement without proper preparation.

Insurance companies might also offer a quick settlement that initially seems like a lot of money. But a lawyer knows how to calculate the true long-term costs of your injuries. They can tell if an offer is fair or much less than you deserve.

Experienced lawyers also know how to negotiate with insurance companies. They know when to push back on low offers and when to consider taking a case to court if the insurance company won’t offer a fair settlement.

This experience with insurance companies can make a big difference in how much money you get for your injuries. It’s one of the key benefits of having a lawyer on your side after a pedestrian accident.

Resources for Investigation

Two pedestrians and a dog crossing a wet street with a speeding red car approaching.

When you’re hit by a car as a pedestrian, proving what happened can be challenging. This is where a lawyer’s resources for investigation become crucial. Lawyers can access various tools and professionals to help gather evidence and build a strong case.

One of the first things a lawyer might do is visit the accident scene. They might take photos, measure distances, and look for any physical evidence to help prove how the accident happened. They might also look for nearby security cameras that have videoed the accident.

Lawyers often work with accident reconstructionists. These professionals can use the evidence from the scene to create a detailed picture of how the accident occurred. This can be powerful evidence, especially if there’s any dispute about who was at fault.

Another important resource is the ability to interview witnesses. Lawyers know how to find potential witnesses and ask the right questions to get useful information. They can also take formal statements from witnesses, which can be used as evidence later if needed.

Lawyers can also access important documents, like police reports and medical records. They know how to read these documents and spot any important details that might help your case.

These investigative resources can help prove that the driver was at fault for hitting you. This is crucial for getting fair payment for your injuries. Building a strong case and getting the money you deserve can be much harder without these resources.

Skills in Negotiation

Negotiation is a key part of most pedestrian accident cases. It’s how lawyers work to get you fair payment for your injuries without going to court. Lawyers who handle these cases are trained negotiators, and their skills can make a big difference in how much money you get.

Good negotiation starts with preparation. Lawyers gather all the facts about your case, including your injuries, medical bills, lost income, and other costs. They use this information to determine your case’s worth, giving them a strong starting point for negotiations.

Lawyers also know how to present your case most compellingly. They can explain to the insurance company why you deserve a certain amount of money, using evidence and legal arguments to support their position.

During negotiations, lawyers know how to respond to different tactics the insurance company might use. They know when to stand firm and when there might be room for compromise. They also know how to counter lowball offers and negotiate a fair settlement.

Importantly, lawyers know the value of patience in negotiations. Sometimes, getting a good settlement takes time. Lawyers know not to rush into accepting a low offer just to get the case over with. They’re willing to keep negotiating until they get a fair offer for you.

These negotiation skills often lead to much better settlements than people can get alone. Insurance companies know that lawyers understand the true value of cases and are prepared to go to court if necessary. This can motivate them to offer fairer settlements.

Ability to Go to Court

While most pedestrian accident cases are settled out of court, sometimes going to trial is necessary to get fair payment. This is where a lawyer’s ability to go to court becomes crucial. Representing yourself in court is difficult, especially against experienced insurance company lawyers.

Pedestrian accident attorneys are ready to take your case to court if necessary. They have the skills and experience to present your case effectively to a judge and jury. This includes knowing how to select jury members, make opening and closing statements, question witnesses, and present evidence.

Going to court involves many complex rules and procedures. Lawyers understand these rules and know how to navigate the court system. They know how to file the necessary paperwork, meet important deadlines, and follow all the court’s rules.

In court, lawyers know how to tell your story clearly and convincingly. They can explain complex legal concepts in ways that judges and juries can understand. They also know how to counter-arguments from the other side’s lawyers.

Even if your case doesn’t end up going to trial, having a lawyer who’s ready and can go to court can be helpful. Insurance companies know lawyers for being willing to go to trial. This can motivate them to offer better settlements to avoid the risk and expense of a trial.

Going to court, if necessary, strengthens your case. It means you won’t have to accept an unfair settlement simply because you can’t handle a trial alone.

No Upfront Costs

One worry many people have about hiring a lawyer is the cost. But most pedestrian accident lawyers work on a “contingency fee” basis. This means you don’t have to pay upfront to hire a lawyer.

Instead, the lawyer only gets paid if they win money for you. Their fee is a percentage of the money they win for your case. You don’t have to pay them anything if they don’t win any money for you.

Lawyer at a desk with a gavel, toy car, scales of justice, and laptop.

This system offers several benefits for people who have suffered injuries from car accidents. First, it means you can get legal help even if you don’t have money to pay a lawyer. This is especially important if you’re dealing with medical bills or lost income because of your injuries.

Second, the lawyer is motivated to win you as much money as possible. The more money they win for you, the more they earn, aligning their interests with yours.

The contingency fee system also means the lawyer will be honest with you about your chances of winning. They probably won’t take it if you don’t have a good case. This is because they don’t want to spend time on a case they don’t think they can win.

Before you hire a lawyer, they should explain exactly how their fee system works. Ensure you understand what percentage they’ll take if they win your case. Also, ask about any other costs you might have to pay, like court filing fees.

This no-upfront-cost system allows anyone to get legal help after being hit by a car, regardless of their financial situation. It’s one reason it’s always worth talking to a lawyer about your case.

Contact a Pedestrian Accident Attorney for Help

Being hit by a car while walking can turn your life upside down. You might be dealing with injuries, medical bills, and lost income. It’s a lot to handle on your own.

A pedestrian accident lawyer can be a big help in this situation. They can guide you through the legal process and fight for fair payment for your injuries. You can focus on healing with a good lawyer while they handle the legal details.

Remember, many lawyers offer free first meetings. You can talk to a lawyer about your case without cost or obligation. If a car has hit you while you were walking, consider contacting a personal injury lawyer soon. They can clarify your rights and options and work to secure the compensation you deserve.

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August 1, 2024
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